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)
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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)
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
Jackson County Public Notices 05-27-09 pt 1
Thursday, May 28. 2009
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of Sale contained in that certain Security Deed from DESIGN PLUS CUSTOM HOMES OF GEORGIA, INC. to BRANCH BANKING AND TRUST COMPANY, dated March 12, 2007, recorded March 28, 2007, in Deed Book 48-A, Page 398, Jackson County, Georgia, the said Security Deed was modified and recorded April 9, 2008, in Deed Book 52-A, Page 36, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of NINETY THREE THOUSAND DOLLARS AND NO CENTS ($93,000.00), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia, within the legal hours of sale on the first Tuesday in June 2009, all property described in said Security Deed including but not limited to the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 245TH AND 248TH DISTRICT, G.M., JACKSON COUNTY, GEORGIA, BEING LOT 41, POD F, TRADITIONS OF BRASELTON, PHASE 1, AS PER PLAT RECORDED IN PLAT BOOK 62, PAGE 269, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF JACKSON COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to he nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Design Plus Custom Homes of Georgia, Inc. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Branch Banking and Trust Company as Attorney in Fact for Design Plus Custom Homes of Georgia, Inc.
Contact: Patrick J. Geheren, Esq., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(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 Deed to Secure Debt (“Security Deed”) executed by NORTH RIVER DEVELOPMENT, LLC in favor of COMMUNITY BANK & TRUST dated July 31, 2007, and recorded at Deed Book 0049-W, Pages 0233-0235 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, 2009, that being June 2, 2009, the following described property:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 704th District, G.M., Jackson County, Georgia, consisting of 50.0 acres, more or less, as shown on a plat of survey entitled “Survey for Dream River Investments, Inc.”, prepared by Cornerstone Land Surveying, certified by Georgia Registered Surveyor No. 2407, dated June 5, 1999, and being of record in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 54, Page 72, which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
This conveyance is subject to all rights of ways, restrictions, and easements of record.
LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 704th District, G.M., Jackson County, Georgia, being shown as Tract 1, containing 0.597 acres and Tract 2, containing 5.0 acres, more or less, as shown on a plat of survey entitled “Survey for Dream River Investments, Inc.”, prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, Georgia Registered Surveyor No. 1577, dated September 13, 2001, and being of record in the Office of the Clerk of the Superior Court for Jackson County, Georgia, in Plat Book 57, Page 291, 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 is primarily evidenced by a Commercial Promissory Note, dated July 31, 2007, in the original principal amount of $503,346.00, payable, principal and interest from the date thereof shown on said Commercial Promissory Note on the unpaid balance until paid. The Promissory Note referred to in this paragraph shall hereinafter be referred to as “the Note.”
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 North River Development, LLC, 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 North River Development, LLC and will be sold as the property of North River Development, LLC.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
North River Development, LLC 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/417-70T1)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by FAIRHAVEN ENTERPRISES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated JUNE 29, 2007, said deed recorded in Jackson County Deed Records at Deed Book 49-F, Page 364, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Tract 1, containing 1.509 acres, more or less, on plat of survey for Clinton Kiley dated February 12, 2000, which plat is recorded in Jackson County plat records at Plat Book 54, Page 200, and is incorporated herein by reference for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of FAIRHAVEN ENTERPRISES, INC., and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for FAIRHAVEN ENTERPRISES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by GREG HUSFELD, Grantor, to PEOPLES BANK & TRUST, Grantee, dated SEPTEMBER 24, 2008, said deed recorded in Jackson County Deed Records at Deed Book 53-I, Page 319, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit:
All that tract or parcel of land lying and being in the 245th District, G.M., Jackson County, Georgia, being known and designated as Lot 26, Phase 1 of Finch Landing and being more particularly described on a plat of survey recorded at Plat Book 62, Pages 35 & 36, and as last revised at Plat Book 62, Pages 252 & 253, Jackson County, Georgia Records; reference to said plats of survey and the recording thereof being hereby made for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of GREG HUSFELD, and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for GREG HUSFELD
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by MAPLE HOMES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated NOVEMBER 9, 2006, said deed recorded in Jackson County Deed Records at Deed Book 46-K, Page 712, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the Courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit: All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 26, Summit Chase East Subdivision, on plat of said subdivision recorded in Jackson County plat records at Plat Book 68, Pages 159-161, and is incorporated herein by reference for a more complete description. Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed. Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of MAPLE HOMES, INC., and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for MAPLE HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by MAPLE HOMES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated NOVEMBER 9, 2006, said deed recorded in Jackson County Deed Records at Deed Book 46-K, Page 724, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 33, Summit Chase East Subdivision, on plat of said subdivision recorded in Jackson County plat records at Plat Book 68, Pages 159-161, and is incorporated herein by reference for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of MAPLE HOMES, INC., and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for MAPLE HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by MAPLE HOMES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated NOVEMBER 9, 2006, said deed recorded in Jackson County Deed Records at Deed Book 46-K, Page 744, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 43, Summit Chase East Subdivision, on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 68, Pages 159-161, and is incorporated herein by reference for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of MAPLE HOMES, INC., and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for MAPLE HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ALLEN W. WIMBS to UNION PLANTERS BANK, N.A. dated September 30, 2002, and recorded in Deed Book 28-E, Page 601, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverHome Mortgage Company by Assignment securing a Note in the original principal amount of $133,420.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, 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 the 245 G.M.D., Jackson County, Georgia, and being Lot 8, Morgan’s Creek Subdivision, as per plat recorded in Plat Book 57, Page 272, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
Said property is known as 157 Hamilton Drive, Jefferson, GA 30549, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Allen W. Wimbs, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Allen W. Wimbs, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
EverHome Mortgage Company as Attorney-in-Fact for Allen W. Wimbs
File no. 08-007036
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/AVR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27B/1323-50T1P)
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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 JEFF RAMEY to JAMES PATRICK, dated June 6, 2005, and recorded in Deed Book 39-F, Page 284, Jackson County, Georgia Records, and recorded securing a note of even date, and any other present or future indebtedness, 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 JEFF RAMEY 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, to-wit; June 2, 2009:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 242 GMD, Jackson County, Georgia, containing 0.59 acres, more or less, more particularly described according to a plat prepared by W. T. Dunahoo and Associates, Surveyors, dated April 13, 1971, said plat being recorded in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 8, Page 15. Bounded on the North by County Road, on the Northeast by lands of J. T. Riley (J.C. Riley), on the Southwest by lands of J. T. Riley (J.C. Riley) and on the West by lot of Otis Sims. Said plat and the description thereof being incorporated herein by reference for a detailed description.
ALSO: ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 242 GMD, Jackson County, Georgia, as shown by plat and survey of Robert T. Black, Surveyor, dated November 12, 1969, said plat being recorded in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 6, Page 73. Bounded according to said plat on the North by lands of Mack, on the Northeast by County Dirt Road, on the East by lands of Riley, on the South by lands of Riley and on the West by lands of Riley. For a more detailed description, reference is hereby made to said plat as recorded.
LESS AND EXCEPT: ANY PORTION of property conveyed in Right of Way Deed recorded at Deed Book 16-Y, Page 748.
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 JEFF RAMEY by the undersigned, as Attorney-in-Fact for the said JEFF RAMEY.
Said property shall be sold subject to any and all outstanding easements and right-of-way, restrictions of record, if any, and to all unpaid taxes and assessments.
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), 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 sale by the undersigned acting as Attorney-in-Fact for the said JEFF RAMEY.
This 30th day of April, 2009.
JAMES PATRICK As Attorney-in-Fact for JEFF RAMEY
Allen L. Lacey, Jr.
Attorney at Law
P. O. Box 356
Commerce, Georgia 30529
(706)335-7886
(MY6,13,20,27B/1324-60T)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of Sale contained in that certain Security Deed from REENA V. HENSON and TREMAYNE D. HENSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for COUNTRYWIDE HOME LOANS, INC., dated April 24, 2007, recorded June 28, 2007, in Deed Book 49-E, Pages 309-331, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of TWO HUNDRED EIGHTY-SEVEN THOUSAND AND 00/100 DOLLARS ($287,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BAC Home Loans Servicing, LP, 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, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 248th GMD District of Jackson County, Georgia, being designated as Lot 4, Block F, Phase II containing 1.988 acres, more or less, as shown on that plat and survey for Clover Mill Farm, prepared by Cornerstone Land Surveying, Registered Surveyor, dated May 20, 1999, recorded in Plat Book 54, Page 81, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of ways for public roads and utilities now in use.
For title reference see deed recorded in Book 40-B, Page 511.
Said property is commonly known as 641 Clover Mill Road, Jefferson, GA 30549.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Reena V. Henson and Tremayne D. Henson, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BAC HOME LOANS SERVICING, LP as Attorney in Fact for REENA V. HENSON AND TREMAYNE D. HENSON
Lender Contact: BOA fka CHL, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. 09-05095-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(MY6,13,20,27B/18915-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the power of sale contained in that certain Deed to Secure Debt/Security Deed executed by SHERRY D. MCKINZIE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Your-Best-Rate Financial, LLC., and further assigned to The CIT Group/Consumer Finance, Inc. n.k.a Vericrest Financial, Inc., dated December 7, 2006 and recorded in Book 46-V, Page 224, Jackson County, Georgia Records, said Deed to Secure Debt/Security Deed having been given to secure a Note dated December 7, 2006, in the original principal sum of THREE HUNDRED NINETY ONE THOUSAND AND 00/100 ($391,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in June, 2009, the property described as:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th District, G.M., Jackson County, Georgia, containing 4.558 acres, more or less, as shown by plat of survey for entitled “Closing Plat for James R. Woods, Jr. & Teresa A. Wood”, prepared by W.T. Dunahoo and Associates, Inc., certified by W.T. Dunahoo, GRLS No. 1577, dated April 4, 2000, as recorded in Plat Book 56, Page 98, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
Parcel No.: 083 011C
which has the property address of 630 Jackson Trail Road, Jefferson, GA 30549,
together with all fixtures and other personal property conveyed by said deed.
The debt secured by said Deed to Secure Debt/Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Sherry D. McKinzie, subject to the outstanding ad valorem taxes and/or assessments, if any, and all rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record having priority over this Deed to Secure Debt/Security Deed.
Said property will be sold as the property of Sherry D. McKinzie 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 Deed to Secure Debt/Security Deed.
Vericrest Financial, Inc., f.k.a. The CIT Group/Consumer Finance, Inc., as attorney-in-fact for Sherry D. McKinzie
Vericrest Financial, Inc., f.k.a. The CIT Group/Consumer Finance, Inc. Lender/Servicer
Attn: Loss Mitigation
715 S. Metropolitan Avenue
Oklahoma City, OK 73108
1-800-621-1437
By: Trustee Management Company
10975 El Monte, Suite 225
Overland Park, KS 66211
THIS IS AN ATTEMPT 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 KENNETH D. MASTIN and PATRICIA L. MASTIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 7, 2008, recorded in Deed Book 53-R, Page 577, Jackson County, Georgia Records, as last transferred to AmTrust Bank 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 THOUSAND AND 0/100 DOLLARS ($200,000.00), 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: Amtrust Bank, 1801 East Ninth Street, Suite 200, Cleveland, OH 44114, 866-476-0022. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kenneth D. Mastin and Patricia L. Mastin or a tenant or tenants and said property is more commonly known as 231 Berry Hill Lane, Hoschton, Georgia 30548.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
AmTrust Bank as Attorney in Fact for Kenneth D. Mastin and Patricia L. Mastin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/afm 6/2/09
Our file no. 5969409-FT7
EXHIBIT A
Situate, lying and being in the 248th District, G.M., Jackson County, Georgia designated as Lot 9 of Berry Hill Estates Subdivision as shown by plat and survey entitled “Final Plat for: Berry Hill Estates”, prepared by Cornerstone Land Surveying, certified by James R. Smith, GRLS No. 2407, dated February 8, 2002 as recorded in Plat Book 59, Page 90, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
Address: 231 Berry Hill Lane; Hoschton, GA 205484307 Tax Map or Parcel ID No.: 103E-009
(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 JUSTIN C. GUNTER and MARTI K. GUNTER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 19, 2006, recorded in Deed Book 43-X, Page 556, 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 EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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: 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 Justin C. Gunter and Marti K. Gunter or a tenant or tenants and said property is more commonly known as 562 Rachel 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.
Wells Fargo Bank, NA. as Attorney in Fact for Justin C. Gunter and Marti K. Gunter
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vxv 6/2/09
Our file no. 51030009-FT7
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245 of Jackson County, Georgia, being Lot 83 of Millstone Crossing Subdivision, as per plat thereof recorded in Plat Book 64, Page 278, County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(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 RAUL MORENO and LUCIA MORENO to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 2, 2007, recorded in Deed Book 48-R, Page 123, Jackson County, Georgia Records and as re-recorded in Deed Book 53-O, Page 641, Jackson County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY THOUSAND AND 0/100 DOLLARS ($180,000.00), 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 Raul Moreno and Lucia Moreno or a tenant or tenants and said property is more commonly known as 7190 Silk Tree Pointe, Braselton, Georgia 30517.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney in Fact for Raul Moreno and Lucia Moreno
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/afm 6/2/09
Our file no. 51749508-FT7
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1765 of Jackson County, Georgia and being Lot 18 of the Township at Mulberry Park, as per that Plat of the Subdivision recorded in Plat Book 66, Pages 146-155 Jackson County, Georgia Records which Plat is incorporated herein by reference and made a part hereof.
Subject to: a)zoning ordinances of affecting the property; b) general utility, sewer and drainage easements of record serving the Subdivision and upon which the improvements/dwelling do not encroach and c)that declaration of covenants, conditions, restrictions and easements for The Township at Mulberry Park Subdivision.
(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 NOEMI HERNANDEZ to RELIANCE FINANCIAL SERVICE INC., dated January 19, 2005, recorded in Deed Book 37-M, Page 8, Jackson County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTY-FOUR THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($154,750.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Isabel Montoya or a tenant or tenants and said property is more commonly known as 585 Bailey Dr., Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Noemi Hernandez
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 6/2/09
Our file no. 51118409-FT7
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being known and designated as Lot 49, Bailey Farms Subdivision, Phase 2, as more particularly described on a Plat of survey recorded at Plat Book 60, Page 188, Jackson County, Georgia Records, reference to said Plat of survey and the record thereof being hereby made for a more complete legal description.
(MY6,13,20,27B/12062-60T1P)
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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 KONG HEE LEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 23, 2006, and recorded in Deed Book 42-Y, Page 608, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to U.S. Bank, National Association as trustee for WAMU Mortgage Pass Through Certificate for WMALT Series 2006-5 Trust by Assignment securing a Note in the original principal amount of $270,400.00, 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 the 245 G.M.D., Jackson County, Georgia, containing 6.153 acres, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated May 7, 1996, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 48, at Page 243. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights of way for public roads and utilities now in use.
Said property is known as 576 Mark Dodd Road, Jefferson, GA 30549, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Kong Hee Lee, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Kong Hee Lee, 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.
U.S. Bank, National Association as trustee for WAMU Mortgage Pass Through Certificate for WMALT Series 2006-5 Trust as Attorney-in-Fact for Kong Hee Lee
File no. 08-009260
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/CW
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
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by a Security Deed executed by JOHNNY R. COOPER and BETTY COOPER and TINA WADE to BAYROCK MORTGAGE CORPORATION, dated June 28, 2005, and recorded in Deed Book 39-P, Page 696, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association, (formerly known as, Wachovia Bank, N. A.), as Trustee for GSAA Home Equity Trust 2005-14, by Assignment securing a Note in the original principal amount of $124,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, 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:
TRACT 1
All that tract or parcel of land lying and being in the 428th District, G.M., Jackson County, Georgia, and being designated as Tract No. 6 containing 0.37 acres, more or less, as shown by plat and survey of same of W. T. Dunahoo & Associates, Inc., Surveyors, dated April 11, 1985, said plat being recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 22, Page 70. For a more detailed description to said tract, reference is hereby made to said plat as recorded.
TRACT 11
All that tract or parcel of land lying and being in the 428th (Cunningham) District, G.M., Jackson County, Georgia, and within the city limits of Pendergrass, Georgia, and shown on that certain plat and survey of Owen Patton, Surveyor, dated June 1, 1982, being recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 19, Page 7. Said tract is bounded on the north and east by lands of C.P. Cooper, on the south by Mountain Creek Road, and on the west by Terry Cooper. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of ways for public roads and utilities now in use.
Said property is known as 238 Mountain Creek Drive, Pendergrass, GA 30567, 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 Johnny R. Cooper and Betty Cooper and Tina Wade, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Johnny R. Cooper and Betty Cooper and Tina Wade, 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.
US Bank National Association, (formerly known as, Wachovia Bank, N. A.), as Trustee for GSAA Home Equity Trust 2005-14 as Attorney-in-Fact for Johnny R. Cooper and Betty Cooper and Tina Wade
File no. 09-010871
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
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/1323-80T1P)
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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 Deed to Secure Debt given by RICHARD E. HAYES and TAMMY R. HAYES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FINANCE AMERICA, LLC, dated June 24, 2004, and recorded in Deed Book 35-W, Page 419, Jackson County, Georgia Records, as last transferred to U.S. Bank, N.A., in its capacity as Trustee for the registered holders of Home Equity Asset Trust 2004-6, Home Equity Pass-Through Certificates, Series 2004-6 by Assignment filed for record in Deed Book 53-M, Page 533 in Jackson County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $153,184.00, with interest at the rate specified therein, there will be sold by the undersigned 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, to wit: June 2, 2009, the following described property:
All that tract or parcel of land, with all improvements thereon, situate, lying and being in GMD 245 of Jackson County, Georgia and being shown and delineated as a portion of property as shown and delineated on survey prepared for Richard Hayes revised December 19, 1990, by Venable and Associate, Inc., and more particularly described as follows:
BEGINNING at a point located on the Northerly right of way of Holders Siding Road, which point is located .2 miles from the centerline of the intersection of Holders Siding Road and Railroad; thence continuing along said right of way North 80 degrees 25 minutes West 186.27 feet to an iron pin; thence North 12 degrees 22 minutes East 151.71 feet to an iron pin; thence North 76 degrees 38 minutes West 50.00 feet to an iron pin; thence North 13 degrees 22 minutes East 95.00 feet to an iron pin; thence South 46 degrees 50 minutes East 322.59 feet to an iron pin; thence South 42 degrees 36 minutes West 84.87 feet to a point and the point of beginning. Designated as Tract I on said survey and according to said survey containing 0.82 acres.
Having situated thereon a 1971 LaFayette Mobile Home with improvements being the residence of Richard E. Hayes.
Subject to all easements; covenants; rights of way; set backs and all other restrictions of record, if any.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 734 Holder Siding Road, Jefferson, GA 30549 is (are): Richard E. Hayes and Tammy R. Hayes or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
U.S. Bank, N.A., in its capacity as Trustee for the registered holders of Home Equity Asset Trust 2004-6, Home Equity Pass-Through Certificates, Series 2004- as attorney in fact for Richard E. Hayes and Tammy R. Hayes
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC06-698
(MY6,13,20,27P4)
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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 that certain Security Deed, dated January 26, 2007, executed by BRIAN K. COLLINS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 47-I, Page 431, Jackson County, Georgia Deed Records, and securing a Note in the original principal amount of $376,000.00, Mortgage Electronic Registration Systems, Inc., the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2009, to-wit: June 2, 2009, during the legal hours of sale, before the Jackson County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot 9, POD D, Traditions of Braselton, Phase I, as per plat recorded in Plat Book 62, Pages 271 and 272, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference.
The aforedescribed real property is also known as 434 Delaperriere Loop, Jefferson, Georgia, according to the present system of numbering houses in Jackson County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of BRIAN K. COLLINS and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for BRIAN K. COLLINS
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, Jackson County
By virue of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement from JAMESTON PLACE BUILDERS, LLC to BANK OF NORTH GEORGIA, dated August 6, 2007, filed for record September 17, 2007, and recorded in Deed Book 50-C, Page 595, Jackson County, Georgia Records, said Construction Loan Deed to Secure Debt and Security Agreement having been given to secure a Commercial Promissory Note dated August 6, 2007, in the original principal sum of FOUR HUNDRED SEVENTY-FIVE THOUSAND TWO HUNDRED TWENTY AND 00/100 DOLLARS ($475,220.00), with interest from date at the rate stated in said Commercial Promissory Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in June, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Construction Loan Deed to Secure Debt and Security Agreement has been and is hereby declared due because of, among other possible events of default, non-payment of the indebtedness as and when due. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to the following items which may affect the title to sai
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of Sale contained in that certain Security Deed from DESIGN PLUS CUSTOM HOMES OF GEORGIA, INC. to BRANCH BANKING AND TRUST COMPANY, dated March 12, 2007, recorded March 28, 2007, in Deed Book 48-A, Page 398, Jackson County, Georgia, the said Security Deed was modified and recorded April 9, 2008, in Deed Book 52-A, Page 36, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of NINETY THREE THOUSAND DOLLARS AND NO CENTS ($93,000.00), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia, within the legal hours of sale on the first Tuesday in June 2009, all property described in said Security Deed including but not limited to the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 245TH AND 248TH DISTRICT, G.M., JACKSON COUNTY, GEORGIA, BEING LOT 41, POD F, TRADITIONS OF BRASELTON, PHASE 1, AS PER PLAT RECORDED IN PLAT BOOK 62, PAGE 269, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF JACKSON COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to he nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Design Plus Custom Homes of Georgia, Inc. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Branch Banking and Trust Company as Attorney in Fact for Design Plus Custom Homes of Georgia, Inc.
Contact: Patrick J. Geheren, Esq., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(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 Deed to Secure Debt (“Security Deed”) executed by NORTH RIVER DEVELOPMENT, LLC in favor of COMMUNITY BANK & TRUST dated July 31, 2007, and recorded at Deed Book 0049-W, Pages 0233-0235 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, 2009, that being June 2, 2009, the following described property:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 704th District, G.M., Jackson County, Georgia, consisting of 50.0 acres, more or less, as shown on a plat of survey entitled “Survey for Dream River Investments, Inc.”, prepared by Cornerstone Land Surveying, certified by Georgia Registered Surveyor No. 2407, dated June 5, 1999, and being of record in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 54, Page 72, which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
This conveyance is subject to all rights of ways, restrictions, and easements of record.
LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 704th District, G.M., Jackson County, Georgia, being shown as Tract 1, containing 0.597 acres and Tract 2, containing 5.0 acres, more or less, as shown on a plat of survey entitled “Survey for Dream River Investments, Inc.”, prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, Georgia Registered Surveyor No. 1577, dated September 13, 2001, and being of record in the Office of the Clerk of the Superior Court for Jackson County, Georgia, in Plat Book 57, Page 291, 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 is primarily evidenced by a Commercial Promissory Note, dated July 31, 2007, in the original principal amount of $503,346.00, payable, principal and interest from the date thereof shown on said Commercial Promissory Note on the unpaid balance until paid. The Promissory Note referred to in this paragraph shall hereinafter be referred to as “the Note.”
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 North River Development, LLC, 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 North River Development, LLC and will be sold as the property of North River Development, LLC.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
North River Development, LLC 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/417-70T1)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by FAIRHAVEN ENTERPRISES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated JUNE 29, 2007, said deed recorded in Jackson County Deed Records at Deed Book 49-F, Page 364, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Tract 1, containing 1.509 acres, more or less, on plat of survey for Clinton Kiley dated February 12, 2000, which plat is recorded in Jackson County plat records at Plat Book 54, Page 200, and is incorporated herein by reference for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of FAIRHAVEN ENTERPRISES, INC., and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for FAIRHAVEN ENTERPRISES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by GREG HUSFELD, Grantor, to PEOPLES BANK & TRUST, Grantee, dated SEPTEMBER 24, 2008, said deed recorded in Jackson County Deed Records at Deed Book 53-I, Page 319, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit:
All that tract or parcel of land lying and being in the 245th District, G.M., Jackson County, Georgia, being known and designated as Lot 26, Phase 1 of Finch Landing and being more particularly described on a plat of survey recorded at Plat Book 62, Pages 35 & 36, and as last revised at Plat Book 62, Pages 252 & 253, Jackson County, Georgia Records; reference to said plats of survey and the recording thereof being hereby made for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of GREG HUSFELD, and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for GREG HUSFELD
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by MAPLE HOMES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated NOVEMBER 9, 2006, said deed recorded in Jackson County Deed Records at Deed Book 46-K, Page 712, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the Courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit: All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 26, Summit Chase East Subdivision, on plat of said subdivision recorded in Jackson County plat records at Plat Book 68, Pages 159-161, and is incorporated herein by reference for a more complete description. Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed. Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of MAPLE HOMES, INC., and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for MAPLE HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by MAPLE HOMES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated NOVEMBER 9, 2006, said deed recorded in Jackson County Deed Records at Deed Book 46-K, Page 724, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 33, Summit Chase East Subdivision, on plat of said subdivision recorded in Jackson County plat records at Plat Book 68, Pages 159-161, and is incorporated herein by reference for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of MAPLE HOMES, INC., and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for MAPLE HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by MAPLE HOMES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated NOVEMBER 9, 2006, said deed recorded in Jackson County Deed Records at Deed Book 46-K, Page 744, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in June, 2009, during the legal hours of sale, at the courthouse door in Jackson County, Georgia, sell at public outcry, to the highest bidder for cash, the property described in said deed, to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 43, Summit Chase East Subdivision, on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 68, Pages 159-161, and is incorporated herein by reference for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of MAPLE HOMES, INC., and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for MAPLE HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ALLEN W. WIMBS to UNION PLANTERS BANK, N.A. dated September 30, 2002, and recorded in Deed Book 28-E, Page 601, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverHome Mortgage Company by Assignment securing a Note in the original principal amount of $133,420.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, 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 the 245 G.M.D., Jackson County, Georgia, and being Lot 8, Morgan’s Creek Subdivision, as per plat recorded in Plat Book 57, Page 272, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
Said property is known as 157 Hamilton Drive, Jefferson, GA 30549, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Allen W. Wimbs, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Allen W. Wimbs, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
EverHome Mortgage Company as Attorney-in-Fact for Allen W. Wimbs
File no. 08-007036
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/AVR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27B/1323-50T1P)
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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 JEFF RAMEY to JAMES PATRICK, dated June 6, 2005, and recorded in Deed Book 39-F, Page 284, Jackson County, Georgia Records, and recorded securing a note of even date, and any other present or future indebtedness, 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 JEFF RAMEY 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, to-wit; June 2, 2009:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 242 GMD, Jackson County, Georgia, containing 0.59 acres, more or less, more particularly described according to a plat prepared by W. T. Dunahoo and Associates, Surveyors, dated April 13, 1971, said plat being recorded in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 8, Page 15. Bounded on the North by County Road, on the Northeast by lands of J. T. Riley (J.C. Riley), on the Southwest by lands of J. T. Riley (J.C. Riley) and on the West by lot of Otis Sims. Said plat and the description thereof being incorporated herein by reference for a detailed description.
ALSO: ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 242 GMD, Jackson County, Georgia, as shown by plat and survey of Robert T. Black, Surveyor, dated November 12, 1969, said plat being recorded in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 6, Page 73. Bounded according to said plat on the North by lands of Mack, on the Northeast by County Dirt Road, on the East by lands of Riley, on the South by lands of Riley and on the West by lands of Riley. For a more detailed description, reference is hereby made to said plat as recorded.
LESS AND EXCEPT: ANY PORTION of property conveyed in Right of Way Deed recorded at Deed Book 16-Y, Page 748.
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 JEFF RAMEY by the undersigned, as Attorney-in-Fact for the said JEFF RAMEY.
Said property shall be sold subject to any and all outstanding easements and right-of-way, restrictions of record, if any, and to all unpaid taxes and assessments.
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), 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 sale by the undersigned acting as Attorney-in-Fact for the said JEFF RAMEY.
This 30th day of April, 2009.
JAMES PATRICK As Attorney-in-Fact for JEFF RAMEY
Allen L. Lacey, Jr.
Attorney at Law
P. O. Box 356
Commerce, Georgia 30529
(706)335-7886
(MY6,13,20,27B/1324-60T)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of Sale contained in that certain Security Deed from REENA V. HENSON and TREMAYNE D. HENSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for COUNTRYWIDE HOME LOANS, INC., dated April 24, 2007, recorded June 28, 2007, in Deed Book 49-E, Pages 309-331, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of TWO HUNDRED EIGHTY-SEVEN THOUSAND AND 00/100 DOLLARS ($287,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BAC Home Loans Servicing, LP, 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, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 248th GMD District of Jackson County, Georgia, being designated as Lot 4, Block F, Phase II containing 1.988 acres, more or less, as shown on that plat and survey for Clover Mill Farm, prepared by Cornerstone Land Surveying, Registered Surveyor, dated May 20, 1999, recorded in Plat Book 54, Page 81, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of ways for public roads and utilities now in use.
For title reference see deed recorded in Book 40-B, Page 511.
Said property is commonly known as 641 Clover Mill Road, Jefferson, GA 30549.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Reena V. Henson and Tremayne D. Henson, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BAC HOME LOANS SERVICING, LP as Attorney in Fact for REENA V. HENSON AND TREMAYNE D. HENSON
Lender Contact: BOA fka CHL, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. 09-05095-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(MY6,13,20,27B/18915-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the power of sale contained in that certain Deed to Secure Debt/Security Deed executed by SHERRY D. MCKINZIE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Your-Best-Rate Financial, LLC., and further assigned to The CIT Group/Consumer Finance, Inc. n.k.a Vericrest Financial, Inc., dated December 7, 2006 and recorded in Book 46-V, Page 224, Jackson County, Georgia Records, said Deed to Secure Debt/Security Deed having been given to secure a Note dated December 7, 2006, in the original principal sum of THREE HUNDRED NINETY ONE THOUSAND AND 00/100 ($391,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in June, 2009, the property described as:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th District, G.M., Jackson County, Georgia, containing 4.558 acres, more or less, as shown by plat of survey for entitled “Closing Plat for James R. Woods, Jr. & Teresa A. Wood”, prepared by W.T. Dunahoo and Associates, Inc., certified by W.T. Dunahoo, GRLS No. 1577, dated April 4, 2000, as recorded in Plat Book 56, Page 98, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
Parcel No.: 083 011C
which has the property address of 630 Jackson Trail Road, Jefferson, GA 30549,
together with all fixtures and other personal property conveyed by said deed.
The debt secured by said Deed to Secure Debt/Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Sherry D. McKinzie, subject to the outstanding ad valorem taxes and/or assessments, if any, and all rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record having priority over this Deed to Secure Debt/Security Deed.
Said property will be sold as the property of Sherry D. McKinzie 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 Deed to Secure Debt/Security Deed.
Vericrest Financial, Inc., f.k.a. The CIT Group/Consumer Finance, Inc., as attorney-in-fact for Sherry D. McKinzie
Vericrest Financial, Inc., f.k.a. The CIT Group/Consumer Finance, Inc. Lender/Servicer
Attn: Loss Mitigation
715 S. Metropolitan Avenue
Oklahoma City, OK 73108
1-800-621-1437
By: Trustee Management Company
10975 El Monte, Suite 225
Overland Park, KS 66211
THIS IS AN ATTEMPT 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 KENNETH D. MASTIN and PATRICIA L. MASTIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 7, 2008, recorded in Deed Book 53-R, Page 577, Jackson County, Georgia Records, as last transferred to AmTrust Bank 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 THOUSAND AND 0/100 DOLLARS ($200,000.00), 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: Amtrust Bank, 1801 East Ninth Street, Suite 200, Cleveland, OH 44114, 866-476-0022. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Kenneth D. Mastin and Patricia L. Mastin or a tenant or tenants and said property is more commonly known as 231 Berry Hill Lane, Hoschton, Georgia 30548.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
AmTrust Bank as Attorney in Fact for Kenneth D. Mastin and Patricia L. Mastin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/afm 6/2/09
Our file no. 5969409-FT7
EXHIBIT A
Situate, lying and being in the 248th District, G.M., Jackson County, Georgia designated as Lot 9 of Berry Hill Estates Subdivision as shown by plat and survey entitled “Final Plat for: Berry Hill Estates”, prepared by Cornerstone Land Surveying, certified by James R. Smith, GRLS No. 2407, dated February 8, 2002 as recorded in Plat Book 59, Page 90, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
Address: 231 Berry Hill Lane; Hoschton, GA 205484307 Tax Map or Parcel ID No.: 103E-009
(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 JUSTIN C. GUNTER and MARTI K. GUNTER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 19, 2006, recorded in Deed Book 43-X, Page 556, 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 EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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: 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 Justin C. Gunter and Marti K. Gunter or a tenant or tenants and said property is more commonly known as 562 Rachel 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.
Wells Fargo Bank, NA. as Attorney in Fact for Justin C. Gunter and Marti K. Gunter
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vxv 6/2/09
Our file no. 51030009-FT7
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245 of Jackson County, Georgia, being Lot 83 of Millstone Crossing Subdivision, as per plat thereof recorded in Plat Book 64, Page 278, County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(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 RAUL MORENO and LUCIA MORENO to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 2, 2007, recorded in Deed Book 48-R, Page 123, Jackson County, Georgia Records and as re-recorded in Deed Book 53-O, Page 641, Jackson County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY THOUSAND AND 0/100 DOLLARS ($180,000.00), 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 Raul Moreno and Lucia Moreno or a tenant or tenants and said property is more commonly known as 7190 Silk Tree Pointe, Braselton, Georgia 30517.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney in Fact for Raul Moreno and Lucia Moreno
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/afm 6/2/09
Our file no. 51749508-FT7
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1765 of Jackson County, Georgia and being Lot 18 of the Township at Mulberry Park, as per that Plat of the Subdivision recorded in Plat Book 66, Pages 146-155 Jackson County, Georgia Records which Plat is incorporated herein by reference and made a part hereof.
Subject to: a)zoning ordinances of affecting the property; b) general utility, sewer and drainage easements of record serving the Subdivision and upon which the improvements/dwelling do not encroach and c)that declaration of covenants, conditions, restrictions and easements for The Township at Mulberry Park Subdivision.
(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 NOEMI HERNANDEZ to RELIANCE FINANCIAL SERVICE INC., dated January 19, 2005, recorded in Deed Book 37-M, Page 8, Jackson County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTY-FOUR THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($154,750.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Maria Isabel Montoya or a tenant or tenants and said property is more commonly known as 585 Bailey Dr., Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Noemi Hernandez
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 6/2/09
Our file no. 51118409-FT7
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being known and designated as Lot 49, Bailey Farms Subdivision, Phase 2, as more particularly described on a Plat of survey recorded at Plat Book 60, Page 188, Jackson County, Georgia Records, reference to said Plat of survey and the record thereof being hereby made for a more complete legal description.
(MY6,13,20,27B/12062-60T1P)
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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 KONG HEE LEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 23, 2006, and recorded in Deed Book 42-Y, Page 608, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to U.S. Bank, National Association as trustee for WAMU Mortgage Pass Through Certificate for WMALT Series 2006-5 Trust by Assignment securing a Note in the original principal amount of $270,400.00, 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 the 245 G.M.D., Jackson County, Georgia, containing 6.153 acres, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated May 7, 1996, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 48, at Page 243. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights of way for public roads and utilities now in use.
Said property is known as 576 Mark Dodd Road, Jefferson, GA 30549, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Kong Hee Lee, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Kong Hee Lee, 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.
U.S. Bank, National Association as trustee for WAMU Mortgage Pass Through Certificate for WMALT Series 2006-5 Trust as Attorney-in-Fact for Kong Hee Lee
File no. 08-009260
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/CW
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
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by a Security Deed executed by JOHNNY R. COOPER and BETTY COOPER and TINA WADE to BAYROCK MORTGAGE CORPORATION, dated June 28, 2005, and recorded in Deed Book 39-P, Page 696, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association, (formerly known as, Wachovia Bank, N. A.), as Trustee for GSAA Home Equity Trust 2005-14, by Assignment securing a Note in the original principal amount of $124,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, 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:
TRACT 1
All that tract or parcel of land lying and being in the 428th District, G.M., Jackson County, Georgia, and being designated as Tract No. 6 containing 0.37 acres, more or less, as shown by plat and survey of same of W. T. Dunahoo & Associates, Inc., Surveyors, dated April 11, 1985, said plat being recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 22, Page 70. For a more detailed description to said tract, reference is hereby made to said plat as recorded.
TRACT 11
All that tract or parcel of land lying and being in the 428th (Cunningham) District, G.M., Jackson County, Georgia, and within the city limits of Pendergrass, Georgia, and shown on that certain plat and survey of Owen Patton, Surveyor, dated June 1, 1982, being recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 19, Page 7. Said tract is bounded on the north and east by lands of C.P. Cooper, on the south by Mountain Creek Road, and on the west by Terry Cooper. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of ways for public roads and utilities now in use.
Said property is known as 238 Mountain Creek Drive, Pendergrass, GA 30567, 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 Johnny R. Cooper and Betty Cooper and Tina Wade, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Johnny R. Cooper and Betty Cooper and Tina Wade, 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.
US Bank National Association, (formerly known as, Wachovia Bank, N. A.), as Trustee for GSAA Home Equity Trust 2005-14 as Attorney-in-Fact for Johnny R. Cooper and Betty Cooper and Tina Wade
File no. 09-010871
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
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/1323-80T1P)
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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 Deed to Secure Debt given by RICHARD E. HAYES and TAMMY R. HAYES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FINANCE AMERICA, LLC, dated June 24, 2004, and recorded in Deed Book 35-W, Page 419, Jackson County, Georgia Records, as last transferred to U.S. Bank, N.A., in its capacity as Trustee for the registered holders of Home Equity Asset Trust 2004-6, Home Equity Pass-Through Certificates, Series 2004-6 by Assignment filed for record in Deed Book 53-M, Page 533 in Jackson County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $153,184.00, with interest at the rate specified therein, there will be sold by the undersigned 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, to wit: June 2, 2009, the following described property:
All that tract or parcel of land, with all improvements thereon, situate, lying and being in GMD 245 of Jackson County, Georgia and being shown and delineated as a portion of property as shown and delineated on survey prepared for Richard Hayes revised December 19, 1990, by Venable and Associate, Inc., and more particularly described as follows:
BEGINNING at a point located on the Northerly right of way of Holders Siding Road, which point is located .2 miles from the centerline of the intersection of Holders Siding Road and Railroad; thence continuing along said right of way North 80 degrees 25 minutes West 186.27 feet to an iron pin; thence North 12 degrees 22 minutes East 151.71 feet to an iron pin; thence North 76 degrees 38 minutes West 50.00 feet to an iron pin; thence North 13 degrees 22 minutes East 95.00 feet to an iron pin; thence South 46 degrees 50 minutes East 322.59 feet to an iron pin; thence South 42 degrees 36 minutes West 84.87 feet to a point and the point of beginning. Designated as Tract I on said survey and according to said survey containing 0.82 acres.
Having situated thereon a 1971 LaFayette Mobile Home with improvements being the residence of Richard E. Hayes.
Subject to all easements; covenants; rights of way; set backs and all other restrictions of record, if any.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 734 Holder Siding Road, Jefferson, GA 30549 is (are): Richard E. Hayes and Tammy R. Hayes or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
U.S. Bank, N.A., in its capacity as Trustee for the registered holders of Home Equity Asset Trust 2004-6, Home Equity Pass-Through Certificates, Series 2004- as attorney in fact for Richard E. Hayes and Tammy R. Hayes
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC06-698
(MY6,13,20,27P4)
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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 that certain Security Deed, dated January 26, 2007, executed by BRIAN K. COLLINS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 47-I, Page 431, Jackson County, Georgia Deed Records, and securing a Note in the original principal amount of $376,000.00, Mortgage Electronic Registration Systems, Inc., the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2009, to-wit: June 2, 2009, during the legal hours of sale, before the Jackson County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot 9, POD D, Traditions of Braselton, Phase I, as per plat recorded in Plat Book 62, Pages 271 and 272, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference.
The aforedescribed real property is also known as 434 Delaperriere Loop, Jefferson, Georgia, according to the present system of numbering houses in Jackson County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of BRIAN K. COLLINS and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for BRIAN K. COLLINS
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, Jackson County
By virue of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement from JAMESTON PLACE BUILDERS, LLC to BANK OF NORTH GEORGIA, dated August 6, 2007, filed for record September 17, 2007, and recorded in Deed Book 50-C, Page 595, Jackson County, Georgia Records, said Construction Loan Deed to Secure Debt and Security Agreement having been given to secure a Commercial Promissory Note dated August 6, 2007, in the original principal sum of FOUR HUNDRED SEVENTY-FIVE THOUSAND TWO HUNDRED TWENTY AND 00/100 DOLLARS ($475,220.00), with interest from date at the rate stated in said Commercial Promissory Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in June, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Construction Loan Deed to Secure Debt and Security Agreement has been and is hereby declared due because of, among other possible events of default, non-payment of the indebtedness as and when due. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to the following items which may affect the title to sai
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