Jackson County Public Notices 08-19-09 pt 1

Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BENNIE F. HAMMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 9, 2003, in the amount of $63,829.00, and recorded in Deed Book 28-Y, Page 265, Jackson County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with all improvements thereon, containing 1.00 acre, more or less, situate, lying and being in the State of Georgia, Jackson County, 1704th District G.M., and being more particularly shown and described on a plat prepared by N.G. Prickett, and recorded in the Office of the Clerk of the Superior Court for Jackson County on December 2, 1961 in Plat Book 3, at Page 412, specific reference to which is hereby made for a more particular description of the property herein conveyed.
which has the property address of 153 Chandler Bridge Road, Nicholson, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Bennie F. Hammond and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc.
Attorney in Fact for
Bennie F. Hammond
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-17542 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/1325-50)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JEFFERY E. MAULDIN and M. RENEE MAULDIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 5, 2007, in the amount of $36,000.00, and recorded in Deed Book 48-G, Page 14, Jackson County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 248th District, G.M., Jackson County, Georgia, designated as Tract #1 encompassing 1.519 acres and being more particularly described and delineated according to a plat and survey prepared by Ringo and Sadler, certified by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250, dated March 9, 1995 and recorded in Plat Book 55, Page 94, in the Office of the Clerk of Superior Court Jackson County, Georgia records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
Also conveyed herein is a twenty foot (20`) easement for ingress as shown on the above reference plat.
which has the property address of 732 Charlie Cooper Rd., Braselton, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jeffery E. Mauldin and M. Renee Mauldin and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Jeffery E. Mauldin and M. Renee Mauldin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16946 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/1325-50)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by CHARLENE MCGLOCKLING to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 30, 2008, in the amount of $312,000.00, and recorded in Deed Book 52 O, Page 1, Jackson County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in G.M.D. 248, Jackson County, Georgia, being Lot 28, Olde Trail Subdivision, Phase I and IA, as per plat recorded in Plat Book 68, Page 48, Jackson County, Georgia records, which recorded plat is incorporated herein by this reference and made a part of this description. Said property being known as 477 Old Jackson Terrace according to the present system of numbering property in Jackson County, Georgia, Parcel ID Number: 106C 028.
Subject to any easements or restrictions of record.
which has the property address of 477 Old Jackson Terrace, Jefferson, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Charlene McGlockling and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Charlene McGlockling
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16656 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,15,23,30B/1325-50)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement dated March 31, 2006 from NORTHSTAR HOMES, LLC, a Georgia limited liability company (“Grantor”), to BANK OF NORTH GEORGIA (“Grantee”), recorded in Deed Book 43-K, Page 441, Jackson County, Georgia Superior Court Records (said Construction Loan Deed to Secure Debt and Security Agreement as may have been modified and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of that certain Commercial Promissory Note dated March 31, 2006, made by Grantor to the order of Grantee in the original principal amount of ONE HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED NINETY-TWO AND 00/100 DOLLARS ($132,192.00), with interest from the date thereof at the rate specified therein, as renewed by note dated April 10, 2007, as renewed by note dated April 10, 2008, and as modified by Note Modification Agreement dated September 10, 2008 (said Commercial Promissory Note, as may have been renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of September, 2009, the following described property, to-wit:
All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
Together with: all buildings, structures, and improvements 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 on the Land; all equipment, machinery, and fixtures attached to the Land, all of which, including replacements and additions thereto, are deemed to be a part of the 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 foregoing property (all of the foregoing, together with the Land the “Property”).
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
Grantee reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of Grantee’s knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee.
BANK OF NORTH GEORGIA, ATTORNEY-IN-FACT FOR NORTHSTAR HOMES, LLC
Taylor English Duma, LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lots H-55 and H-57, Pod H, Woods at Traditions, Phase 1, as per plat recorded in Plat Book 64, Pages 213 through 219, Jackson County, Georgia Records, which plat is hereby incorporated herein by reference.
(AU5,12,19,25P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement dated March 31, 2005, from NORTHSTAR HOMES, LLC, a Georgia limited liability company (“Grantor”), to BANK OF NORTH GEORGIA (“Grantee”), recorded in Deed Book 38-J, Page 712, Jackson County, Georgia Superior Court Records (said Deed to Secure Debt and Security Agreement as may have been modified and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of that certain Commercial Promissory Note dated March 31, 2005, made by Grantor to the order of Grantee in the original principal amount of EIGHT HUNDRED THIRTY-EIGHT THOUSAND EIGHT HUNDRED EIGHTY AND 00/100 DOLLARS ($838,880.00), with interest from the date thereof at the rate specified therein, as renewed by note dated April 10, 2006, which renewal note modified the principal amount of the loan to $235,920.00, as renewed by note dated April 10, 2007, which renewal note modified the principal amount of the loan to $61,759.00, and as renewed by note dated April 10, 2008, which renewal note modified the principal amount of the loan to $60,691.19 (said Commercial Promissory Note, as may have been renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of September, 2009, the following described land and interests in land, estates, easements, rights, improvements, personal property, fixtures, equipment, furniture, furnishings, appliances and appurtenances (hereinafter referred to collectively as the “Premises”):
(a) All those tracts, pieces or parcels of land more particularly described in Exhibit A attached hereto and by this reference made a part hereof (hereinafter collectively referred to as the “Land”),
(b) All buildings, structures and improvements of every nature whatsoever situated on the Land, and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulations or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes, which are attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles (excluding Grantor’s personal automobiles, if any), building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever owned by Grantor and located in or on the Premises, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposits or payments made by Grantor or on behalf of Grantor; all tradenames, trademarks, servicemarks, logos and goodwill related thereto which in any way belong, relate or appertain to the Premises or any part thereof or acquired by Grantor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove, all of which are hereby declared and shall be deemed to be fixtures and accessions to the Land and which shall be deemed to be a portion of the security for the indebtedness herein described and secured by the Security Deed. The location of the above described collateral is also the location of the Land.
(c) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof acquired by Grantor.
(d) All income, rents, issues, profits, and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same.
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
Grantee reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of Grantee’s knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee.
BANK OF NORTH GEORGIA, ATTORNEY-IN-FACT FOR NORTHSTAR HOMES, LLC
Taylor English Duma, LLP
1600 Parkwood Circle,
Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot H-2, Pod H, Phase 1, of Woods at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions,” said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
(AU5,12,19,26P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement dated March 31, 2005 from NORTHSTAR HOMES, LLC, a Georgia limited liability company (“Grantor”), to BANK OF NORTH GEORGIA (“Grantee”), recorded in Deed Book 38-J, Page 727, Jackson County, Georgia Superior Court Records (said Deed to Secure Debt and Security Agreement as may have been modified and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of that certain Commercial Promissory Note dated March 31, 2005, made by Grantor to the order of Grantee in the original principal amount of ONE HUNDRED TWENTY THOUSAND AND 00/100 DOLLARS ($120,000.00), with interest from the date thereof at the rate specified therein, as renewed by note dated April 10, 2006, as renewed by note dated April 10, 2007, as last renewed by note dated April 10, 2008, which renewal note modified the principal amount of the loan to $56,649.27, and as modified by Note Modification Agreement dated September 10, 2008 (said Commercial Promissory Note, as may have been renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of September, 2009, the following described land and interests in land, estates, easements, rights, improvements, personal property, fixtures, equipment, furniture, furnishings, appliances and appurtenances (hereinafter referred to collectively as the “Premises”):
(a) All those tracts, pieces or parcels of land more particularly described in Exhibit A attached hereto and by this reference made a part hereof (hereinafter collectively referred to as the “Land”),
(b) All buildings, structures and improvements of every nature whatsoever situated on the Land, and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulations or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes, which are attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles (excluding Grantor’s personal automobiles, if any), building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever owned by Grantor and located in or on the Premises, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposits or payments made by Grantor or on behalf of Grantor; all tradenames, trademarks, servicemarks, logos and goodwill related thereto which in any way belong, relate or appertain to the Premises or any part thereof or acquired by Grantor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove, all of which are hereby declared and shall be deemed to be fixtures and accessions to the Land and which shall be deemed to be a portion of the security for the indebtedness herein described and secured by the Security Deed. The location of the above described collateral is also the location of the Land.
(c) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof acquired by Grantor.
(d) All income, rents, issues, profits, and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same.
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
Grantee reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of Grantee’s knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee.
BANK OF NORTH GEORGIA, ATTORNEY-IN-FACT FOR NORTHSTAR HOMES, LLC
Taylor English Duma, LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot H-88, Pod H, Phase 1, of Woods at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions,” said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
(AU5,12,19,26P4)

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Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
State of Georgia, County of Jackson
Pursuant to a power of sale contained in a certain security deed executed by WILLARD L. WEHRY, hereinafter referred to as Grantor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for MORTGAGE INVESTORS CORPORATION, recorded in Deed Book 27-I, beginning at Page 705, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said security deed, the undersigned attorney-in-fact for the aforesaid Grantor (which attorney-in-fact is the present holder of said security deed and note secured thereby) will sell before the door of the Courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in September, 2009, the property which, as of the time of the execution of said security deed, was described as set forth in the attached Exhibit “A”.
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, and all other matters of record superior to the said security deed. Midland Mortgage Co. as loan servicer is the entity with authority to negotiate, amend and modify the terms of the Note and Security Deed.
Midland Mortgage Co’s address is: 999 Northwest Grand Boulevard, Oklahoma City, Oklahoma 73118. Midland Mortgage Co. may be contacted by telephone at 1-800-552-3000, extension 8301.
To the best of the undersigned’s knowledge and belief, the party in possession of the property is believed to be Willard L. Wehry.
MidFirst Bank, As Transferee and Assignee, as attorney-in-fact for the aforesaid Grantor
Raymond S. Martin
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Midland/Willard L. Wehry/M09-15785
EXHIBIT “A”
All that certain parcel of land situated in the Porter Millitin District of the County of Jackson, State of Georgia, being known and designated as all of Lot No. 9 of the Freeman Johnson, Jr., Subdivision as shown on Subdivision Plat prepared by Henry Grady Jerrard, Registered Surveyor, dated 4/14/69, and recorded in Plat Book 5, Page 389, Jackson County, Georgia Records and being more fully shown on survey of the property of Freeman Johnson, Jr., prepared by Henry Grady Jerrard, dated 5/16/69, recorded in Plat Book 5, Page 389 of the Jackson County, Georgia Records. Said plat is hereby incorporated by reference as part of this deed.
Tax Id: 118A-36
(AU5,12,19,26P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement from GAREN HOMES, INC., a Georgia corporation (“Grantor”), to BANK OF NORTH GEORGIA, a state banking association (“Grantee”), recorded December 19, 2005, in Deed Book 41-W, Page 395, Jackson County, Georgia Superior Court Records (said Deed to Secure Debt as may have been modified and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of a Commercial Promissory Note dated December 9, 2005, made by Grantor to the order of Grantee in the original principal amount of FIFTY-NINE THOUSAND FOUR HUNDRED TWENTY-SEVEN AND 00/100 DOLLARS ($59,427.00), as last renewed by note dated June 10, 2008, with interest from the date thereof at the rate specified therein, (said notes, as renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of September, 2009, the following described property, to-wit:
All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
TOGETHER with all buildings, structures, and improvements 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 on the land; all equipment, machinery, and fixtures attached to the Land, all of which, including replacements and additions thereto, are deemed a part of the property covered by the Security Deed; 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 (all the foregoing, together with the Land the “Property”).
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
Grantee reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of Grantee’s knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee.
BANK OF NORTH GEORGIA, ATTORNEY-IN-FACT FOR GAREN HOMES, INC.
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT TRACT or parcel or land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot C-88, POD C, PHASE 1 of LINKS AT TRADITIONS as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
(AU5,12,19,26P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from GAREN HOMES, INC., a Georgia corporation (“Grantor”), to BANK OF NORTH GEORGIA, a state banking association (“Grantee”), recorded April 11, 2005, in Deed Book 38-J, Page 748, Jackson County, Georgia Superior Court Records (said Deed to Secure Debt as may have been modified and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of a Commercial Promissory Note dated March 31, 2005, made by Grantor to the order of Grantee in the original principal amount of ONE HUNDRED FIFTEEN THOUSAND AND 00/100 DOLLARS ($115,000.00), as last renewed by note dated April 10, 2008, as said principal amount was modified to $59,060.90, with interest from the date thereof at the rate specified therein, (said notes, as renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of September, 2009, the following described property, to-wit:
All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
TOGETHER with all buildings, structures and other improvements of every nature whatsoever, situated on the Land, and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulations or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes, which are attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles (excluding Grantor’s personal automobiles, if any), building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever and located in or on the premises, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest in any such furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposits or payments made by Grantor or on behalf of Grantor; all tradenames, trademarks, servicemarks, logos and goodwill related thereto which in any way belong, relate or appertain to the premises or any part thereof or are acquired by Grantor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove, all of which are hereby declared to be fixtures and accessions to the Land and a part of the realty as between the parties thereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness described in the Security Deed and secured by the Security Deed. The location of the above-described collateral is also the location of the Land.
TOGETHER with all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the premises or any part thereof, or which hereafter shall in any way belong, relate, or be appurtenant thereto, owned by the Grantor.
TOGETHER with any and all income, rents, issues, profits, and revenues of the premises from time to time accruing (including, without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Borrower or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, in and to the same.
All the foregoing, together with the Land, hereinafter shall be collectively referred to as the “Property”.
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
Grantee reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of Grantee’s knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee.
BANK OF NORTH GEORGIA, ATTORNEY-IN-FACT FOR GAREN HOMES, INC.
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT TRACT or parcel or land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lots C-56, POD C, PHASE 1 of LINKS AT TRADITIONS as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lots H-90, POD H, PHASE 1 of WOODS AT TRADITIONS as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
(AU5,12,19,26P4)

gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement from GAREN HOMES, INC., a Georgia corporation (“Grantor”), to BANK OF NORTH GEORGIA, a state banking association (“Grantee”), recorded October 20, 2005, in Deed Book 41-C, Page 641, Jackson County, Georgia Superior Court Records (said Deed to Secure Debt as may have been modified and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of a Commercial Promissory Note dated September 29, 2005, made by Grantor to the order of Grantee in the original principal amount of FIFTY-EIGHT THOUSAND AND 00/100 DOLLARS ($58,000.00), as last renewed by note dated April 10, 2008, with interest from the date thereof at the rate specified therein, (said notes, as renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of September, 2009, the following described property, to-wit:
All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
TOGETHER with all buildings, structures, and improvements 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 on the land; all equipment, machinery, and fixtures attached to the Land, all of which, including replacements and additions thereto, are deemed a part of the property covered by the Security Deed; 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 (all the foregoing, together with the Land the “Property”).
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
Grantee reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of Grantee’s knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee.
BANK OF NORTH GEORGIA, ATTORNEY-IN-FACT FOR GAREN HOMES, INC.
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT TRACT or parcel or land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot C-78, POD C, PHASE 1 of LINKS AT TRADITIONS as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
(AU5,12,19,26P4)

gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement from GAREN HOMES, INC., a Georgia corporation (“Grantor”), to BANK OF NORTH GEORGIA, a state banking association (“Grantee”), recorded December 19, 2005, in Deed Book 41-W, Page 375, Jackson County, Georgia Superior Court Records (said Deed to Secure Debt as may have been modified and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of a Commercial Promissory Note dated December 9, 2005, made by Grantor to the order of Grantee in the original principal amount of SIXTY-FOUR THOUSAND SIX HUNDRED FIFTY-FIVE AND 00/100 DOLLARS ($64,655.00), as last renewed by note dated June 10, 2008, with interest from the date thereof at the rate specified therein, (said notes, as renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of September, 2009, the following described property, to-wit:
All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
TOGETHER with all buildings, structures, and improvements 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 on the land; all equipment, machinery, and fixtures attached to the Land, all of which, including replacements and additions thereto, are deemed a part of the property covered by the Security Deed; 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 (all the foregoing, together with the Land the “Property”).
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
Grantee reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of Grantee’s knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee.
BANK OF NORTH GEORGIA, ATTORNEY-IN-FACT FOR GAREN HOMES, INC.
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT TRACT or parcel or land lying and being in GMD 248 of Jackson County, Georgia being known and designated as Lot H-50, POD H PHASE 1 of WOODS AT TRADITIONS as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
(AU5,12,19,26P4)

gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement from GAREN HOMES, INC., a Georgia corporation (“Grantor”), to BANK OF NORTH GEORGIA, a state banking association (“Grantee”), recorded December 19, 2005, in Deed Book 41-W, Page 375, Jackson County, Georgia Superior Court Records (said Deed to Secure Debt as may have been modified and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of a Commercial Promissory Note dated December 9, 2005, made by Grantor to the order of Grantee in the original principal amount of SIXTY-FOUR THOUSAND SIX HUNDRED FIFTY-FIVE AND 00/100 DOLLARS ($64,655.00), as last renewed by note dated June 10, 2008, with interest from the date thereof at the rate specified therein, (said notes, as renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of September, 2009, the following described property, to-wit:
All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
TOGETHER with all buildings, structures, and improvements 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 on the land; all equipment, machinery, and fixtures attached to the Land, all of which, including replacements and additions thereto, are deemed a part of the property covered by the Security Deed; 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 (all the foregoing, together with the Land the “Property”).
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
Grantee reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of Grantee’s knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee.
BANK OF NORTH GEORGIA, ATTORNEY-IN-FACT FOR GAREN HOMES, INC.
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT TRACT or parcel or land lying and being in GMD 248 of Jackson County, Georgia being known and designated as Lot H-50, POD H PHASE 1 of LINKS AT TRADITIONS as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
(AU5,12,19,26P4)

gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from GAREN HOMES, INC., a Georgia corporation (“Grantor”), to BANK OF NORTH GEORGIA, a state banking association (“Grantee”), recorded April 11, 2005, in Deed Book 38-J, Page 764, Jackson County, Georgia Superior Court Records (said Deed to Secure Debt as may have been modified and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of a Commercial Promissory Note dated March 31, 2005, made by Grantor to the order of Grantee in the original principal amount of EIGHT HUNDRED EIGHTY-THREE THOUSAND SIX HUNDRED EIGHTY AND 00/100 DOLLARS ($883,680.00), as last renewed by note dated April 10, 2008, with interest from the date thereof at the rate specified therein, (said notes, as renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of September, 2009, the following described property, to-wit:
All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
TOGETHER with all buildings, structures and other improvements of every nature whatsoever, situated on the Land, and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulations or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes, which are attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles (excluding Grantor’s personal automobiles, if any), building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever and located in or on the premises, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest in any such furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposits or payments made by Grantor or on behalf of Grantor; all tradenames, trademarks, servicemarks, logos and goodwill related thereto which in any way belong, relate or appertain to the premises or any part thereof or are acquired by Grantor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove, all of which are hereby declared to be fixtures and accessions to the Land and a part of the realty as between the parties thereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness described in the Security Deed and secured by the Security Deed. The location of the above-described collateral is also the location of the Land.
TOGETHER with all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the premises or any part thereof, or which hereafter shall in any way belong, relate, or be appurtenant thereto, owned by the Grantor.
TOGETH