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 SHANE TURNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 17, 2008, in the amount of $173,565.00, and recorded in Deed Book 51-J, Pages 479-488, Jackson County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment, the undersigned, CitiMortgage, 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 November, 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, situate, lying and being in the 1747th District, G.M., State of Georgia, County of Jackson, encompassing 0.939 acre, more or less, being designated as Tract 2, 0.939 acre, a per that plat of survey entitled, Boundary Survey for Lizzie Sue Bradshaw, dated July 16, 1998, AAD last revised February 21, 2006, by Venable Associates, Inc., Allen L. Venable, Jr., GRLS No. 176L, being recorded in Plat Book 65, Page 100, in the Office of the Clerk of Superior Court for Jackson County, Georgia, said plat being incorporated herein by reference.
Being the same property conveyed to Shane Turner by Deed from Lizzie Sue Bradshaw recorded 9/11/2006 in Deed Book 45-L, Page 315, in the Office of Clerk of the Superior Court of Jackson County, Georgia.
which has the property address of 1617 Savage Road, Bogart, 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 Shane Turner 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.
CitiMortgage, Inc. Attorney in Fact for Shane Turner
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-22458 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE30,OC7,14,21,28B/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 CYNTHIA L. GRIFFITH and PARKER GRIFFITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 5, 2008, in the amount of $230,400.00, and recorded in Deed Book 51-P, Page 86, Jackson County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment, the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP 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 November, 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 242nd District, G.M., Jackson County, Georgia, containing 3.00 acres, more or less, and being designated as Tract 1, as shown by plat of survey prepared by Max Lewallen, Surveyor, dated December 10, 1982, as recorded in Plat Book 19, Page 181, Jackson County, Georgia Records; which plat and the record thereof are hereby incorporated herein by reference for a more detailed description of the property. Said tract is bounded according to said plat on the South by Tract 2, West by lands now or formerly of Singleton, North by lands of Griffith and on the East by Lands of Standridge.
Address: 174 B Whitfield Rd.; Jefferson, GA 30549.
which has the property address of 174 B Whitfield Road, 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 Cynthia L. Griffith and Parker Griffith 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.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Cynthia L. Griffith and Parker Griffith
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-18705 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC7,14,21,28B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by GERMAINE BARROWS and RODNEY SCOTT BARROWS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 1, 2004, in the amount of $135,750.00, and recorded in Deed Book 36-A, Page 738, 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 November, 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 1691st G.M. District, Jackson County, GA, being Lot 16 of Cedar Hollow Subdivision, as more particularly described according to a plat of survey recorded in Plat Book 60, Page 132, Jackson County, Georgia Deed Records. Said plat and the record thereof are herein incorporated for a full and complete legal description.
Subject to any and all easements, rights-of-way, restrictive covenants and public utilities of record, including but not limited to those Protective Covenants recorded in Deed Book 27-Z, Pages 83-85, Jackson County, Georgia Deed Records.
which has the property address of 250 Cedar Hollow Drive, Talmo, 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 cobanknfirmation 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 Germaine Barrows and Rodney Scott Barrows 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 Germaine Barrows and Rodney Scott Barrows
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21965 /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.
(OC7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks & Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by TIMOTHY M. THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 7, 2006, in the amount of $147,613.00, and recorded in Deed Book 292, Page 541, Banks County, Georgia Records, and also dated December 27, 2006, in the amount of $147,613.00, and recorded in Deed Book 46-X, Page 269, Jackson County, Georgia Records, as last transferred to BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. by assignment, the undersigned, BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. 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 November, 2009, during the legal hours of sale, at the Courthouse door in Banks 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 465th District, G.M., Banks County, Georgia, and the 255th District, G.M., Jackson County, Georgia, and being that 2.889 acres, more or less, as more particularly shown on a plat of survey prepared for Abel Hernandez by Slate & Assoc., Inc., Registered Surveyor, dated October 24, 2006, recorded in Plat Book 30, Page 156, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book __, Page __, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement designated as Holland Dam Road and being more particularly shown on plat of survey referenced herein above.
Also: Gravel drive easement designated on plat of survey referenced herein above.
which has the property address of 334 Holland Dam Dr., Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Timothy M. Thomas 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.
BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. Attorney in Fact for Timothy M. Thomas
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21669 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC7,14,21,28B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by MISTY COX and PHILLIP E. COX to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 6, 2006, in the amount of $320,000.00, and recorded in Deed Book 46-R, Page 578, Jackson County, Georgia Records, as last transferred to OneWest Bank FSB by assignment, the undersigned, OneWest Bank FSB pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in November, 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 245 G.M.D., Jackson County, Georgia, being tract 1 on that plat for Ken Martin Construction, Inc. recoded in Plat Book 63, at Page 251, Jackson County, Georgia Records, which recorded plat is by this reference incorporated herein and made a part hereof.
which has the property address of 336 Jett Roberts Road, 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 Misty Cox and Phillip E. Cox 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.
OneWest Bank FSB Attorney in Fact for Misty Cox and Phillip E. Cox
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05195 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by a Security Deed executed by DANNY C. SHERIDAN and CARLA SHERIDAN a/k/a CARLA P. SHERIDAN to THE CIT GROUP/CONSUMER FINANCE, INC., dated January 10, 2003, and recorded in Deed Book 28-V, Page 656, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to LSF6 Mercury REO Investments Trust Series 2008-1, by Assignment securing a Note in the original principal amount of $75,600.00, 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, November 3, 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 245th District, G.M. of Jackson County, Georgia, consisting of one (1) acre, and being bounded by the lands of Shields, by other lands of Shields and Sanders and being more particularly described as follows: Beginning at a point on the Old Jefferson-Statham Highway, where said land adjoins lands of J.W. Shields and running thence along said road South 28 1/2 East 200 feet 9 inches to a point of the road thence North 83 East 200 feet 9 inches along Sanders land to a point, thence North 22 1/2 West 274 feet to a corner, thence South 65 West 170 feet to the beginning corner.
Said property is known as 3229 Etheridge 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 Danny C. Sheridan and Carla Sheridan a/k/a Carla P. Sheridan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Danny C. Sheridan and Carla Sheridan a/k/a Carla P. Sheridan, 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.
LSF6 Mercury REO Investments Trust Series 2008-1 as Attorney-in-Fact for Danny C. Sheridan and Carla Sheridan a/k/a Carla P. Sheridan
File no. 09-018596
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(OC7,14,21,28B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DANNY E. WATTS and SHERRY R. WATTS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 15, 2007, recorded in Deed Book 49-U, Page 290, 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 THREE HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED THIRTY AND 0/100 DOLLARS ($351,230.00), 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 November, 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: Bank of America, 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 Danny E. Watts and Sherry R. Watts or a tenant or tenants and said property is more commonly known as 154 Kodiak Ln., Bogart, Georgia 30622-5170.
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 Danny E. Watts and Sherry R. Watts
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mcs 11/3/09
Our file no. 52947209-FT4
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1747th District, G.M., Jackson County, Georgia, and being known and designated s Lot 39, Block A, Bear Creek Estates, and being more particularly shown on a survey entitled “Final Subdivision Plat for Bear Creek Estates”, dated February 10, 2004, revised March 11, 2004, and recorded in Plat Book 62, Pages 243-248, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
(OC7,14,21,28B/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 MARLON MEDLOCK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 5, 2008, recorded in Deed Book 51-U, Page 120, 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-THREE THOUSAND TWO HUNDRED SEVEN AND 0/100 DOLLARS ($183,207.00), 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 November, 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Marlon Medlock or a tenant or tenants and said property is more commonly known as 83 Birchmore Trail, 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 LP as Attorney in Fact for Marlon Medlock
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sc6 11/3/09
Our file no. 52949109-FT4
EXHIBIT A
The following described property in Jackson County, Georgia:
All that tract or parcel of land lying and being in GMD 245 of Jackson County, Georgia, being Lot 6, Block A, Jefferson Walk East, Unit One, as per plat recorded in Plat Book 62, Page 81, Jackson County Records, which plat is incorporated herein by reference.
Being the same property conveyed to Marlon Medlock, by warranty deed dated September 24, 2004, of record in Deed Book 36-J, Page 147, in the Jackson County, Georgia records.
Being the same property commonly known as: 83 Birchmore Trail, Jefferson, Georgia 30549 Tax ID No.: 081B 006AE
(OC7,14,21,28B/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 VIRGINIA T. MOORE and BRIAN D. MOORE to NATIONAL CITY MORTGAGE CO. dba COMMONWEALTH UNITED MORTGAGE COMPANY, dated May 30, 2000, recorded in Deed Book 21-L, Page 517, Jackson County, Georgia Records, as last transferred to Midfirst 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 ONE HUNDRED FOUR THOUSAND THREE HUNDRED NINETY-FIVE AND 0/100 DOLLARS ($104,395.00), 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 November, 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: Midland Mortgage Corporation, 999 N.W. Grand Boulevard Suite 100, Oklahoma City, OK 73118-6116, 800-654-4566. 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 Virginia T. Moore and Brian D. Moore or a tenant or tenants and said property is more commonly known as 71 Kerby Circle, 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.
Midfirst Bank as Attorney in Fact for Virginia T. Moore and Brian D. Moore
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ssh 11/3/09
Our file no. 51150509-FT3
EXHIBIT A
All that tract or parcel of land lying and being in the 1765th District, G.M.., Jackson County, Georgia, being Lot 10, Pine Ridge Subdivision, Phase III, as per plat recorded in Plat Book 54, Page 111, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, which recorded plat is incorporated herein by reference and made a part of this description.
(OC7,14,21,28B/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 MISTY K. WESTMORELAND and NOAH A. WESTMORELAND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 14, 2007, recorded in Deed Book 50-F, Page 126, Jackson County, Georgia Records, as last transferred to Branch Banking & Trust Company 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 THREE THOUSAND ONE HUNDRED SIXTY-TWO AND 0/100 DOLLARS ($203,162.00), 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 November, 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: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. 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 Misty K. Westmoreland and Noah A. Westmoreland or a tenant or tenants and said property is more commonly known as 682 Antioch Church Road, Nicholson, Georgia 30565.
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 & Trust Company as Attorney in Fact for Misty K. Westmoreland and Noah A. Westmoreland
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 11/3/09
Our file no. 52839209-FT1
EXHIBIT A
All that tract or parcel of land situate, lying and being in the 253rd G M D, Jackson County, Georgia, and containing 1 758 acres, more or less, as shown by plat and survey entitled “Survey for Donna Fortson”, dated March 21, 1996, by Ben McElroy and Associates, Inc, Ben McElroy, Registered Land Surveyor No 1184, said plat being recorded in Plat Book 47, Page 367, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and being incorporated herein by reference for a more particular description.
(OC7,14,21,28B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CHRISTOPHER A. MCDOWELL, SR. and AMY R. MCDOWELL to BANK OF AMERICA, N.A., dated February 6, 2004, recorded in Deed Book 35-V, Page 5, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTEEN THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($116,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia, within the legal hours of sale on the first Tuesday in November, 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: Bank of America, 475 Crosspoint Parkway, Getzville, NY 14068, 800-285-6000. 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 Christopher A. Mcdowell, Sr. and Amy R. Mcdowell or a tenant or tenants and said property is more commonly known as 164 Poplar Springs Rd., 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.
Bank of America, N.A. as Attorney in Fact for Christopher A. Mcdowell, Sr. and Amy R. Mcdowell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/hw1 11/3/09
Our file no. 52593509-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 248th District, GM Jackson County, Georgia, containing 1.987 acres, more or less and designated as Lot 2 Block “A” as shown on that plat and survey for Poplar Creek Estates prepared by Cornerstone Land Surveying Registered Surveyors dated July 30, 1994, and revised August 8, 1994, and recorded in the Office of the Clerk of the Superior Court of Jackson County Georgia in Plat Book 42, Page 144 said plat as recorded is hereby incorporated by reference for a more detailed description of said property.
Being that parcel of land conveyed to Christopher A. McDowell and Amy R. McDowell, as joint tenants with the right of survivorship from Terrell Gunter by that deed dated 09/03/1996 and recorded 09/16/1996 in Deed Book 15-W, at Page 622 of the Jackson County, GA Public Registry
Tax Map Reference: 114-0155
(OC7,14,21,28B/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 LEANAY S. BANKS to BANK OF AMERICA, NA, dated August 11, 2006, recorded in Deed Book 45-P, Page 753, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWENTY THOUSAND AND 0/100 DOLLARS ($20,000.00), 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 November, 2009, the following described property:
The following described property to wit:
All that tract or parcel of land lying and being in the 1747th (Attica) District, G. M., Jackson County, Georgia, containing 4.2 acres, more or less, and designated as Lot No. Six (6) more particularly described according to Plat prepared by O.E. Cross and L. O. Drew, surveyors, dated August 18, 1955, and recorded in the office of the clerk of Superior Court of Jackson County, Georgia, in Plat Book 5, Page 123, bounded according to said Plat on the northeast by Lot No. 7, on the northwest by Lot No. 5, on the south by Lot No. 8, and on the southwest by Oak Grove Road. Said Plat and the description thereof of Lot No. 6 being incorporated herein and made a part of this description.
Being the same property conveyed to Leanay S. Banks from Bernice Simmons, as executrix under the last Will and testament of James Simmons, deceased by deed recorded on 6/1711969 at Book 5-J, Page 130, in the Jackson County Clerk’s office, Georgia.
Subject to restrictions, reservations, easement, covenants, oil, gas or mineral rights of record, if any.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Bank of America can be contacted at 800-285-6000 or by writing to 4161 Piedmont Parkway, Greensboro, NC 27410-8110, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Leanay S. Banks or a tenant or tenants and said property is more commonly known as 67 Banks Rd., Athens, Georgia 30607.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, NA as Attorney in Fact for Leanay S. Banks
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.jflegal.com
MSP/ske 11/3/09
Our file no. 1592409-
(OC7,14,21,28B/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 ANNA M. FLAMBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 27, 2007, recorded in Deed Book 480, Page 355, Jackson County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. 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 THREE HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($328,750.00), 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 November, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Anna M. Flamberg and Javier Garces or a tenant or tenants and said property is more commonly known as 49 Perry Ct., Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Anna M. Flamberg
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 11/3/09
Our file no. 52572609-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 245th and 248th District, G. M., Jackson County, Georgia, being Lot 18, Phase l of Olde Trail Subdivision, as per plat thereof recorded in Plat Book 68, pages 47- 49, in the Office of the Clerk of the Superior Court for Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(OC7,14,21,28B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by LANETTE M. COLLINS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 3, 2006, recorded in Deed Book 42-M, Page 523, Jackson County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment recorded in Deed Book 53S, Page 126, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THOUSAND AND 0/100 DOLLARS ($300,000.00), 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 November, 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: OneWest Bank FSB, 2900 Esperanza Crossing, Austin, TX 78758, 877-908-4357. 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 Lanette M. Collins or a tenant or tenants and said property is more commonly known as 228 Storey St., Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
IndyMac Federal Bank FSB as Attorney in Fact for Lanette M. Collins
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/kb4 11/3/09
Our file no. 52231108-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the City of Jefferson, 245th District, G.M, Jackson County Georgia, containing 5.59 acres, more or less, shown as Tract No. 2 on a survey prepared for Burton R. Evans & Jennifer M. Evans by W.T. Dunahoo and Associates, Inc. Georgia Registered Surveyor, dated April 12, 1996, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 48, Page 42. Said plat as recorded, is hereby reference for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use. Said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
Subject to all easements, covenants, and restrictions or record, if any.
(OC7,14,21,28B/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 YOLANDA MORENO BOLANOS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 30, 2007, recorded in Deed Book 49-A, Page 691, Jackson County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. 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 FIFTY-FOUR THOUSAND FIFTY AND 0/100 DOLLARS ($254,050.00), 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 November, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Yolanda Moreno Bolanos or a tenant or tenants and said property is more commonly known as 26 Whirlaway St., Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Yolanda Moreno Bolanos
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 11/3/09
Our file no. 52574609-FT7
EXHIBIT A
All that tract or parcel of land lying and being in G.M. District 245, Jackson County, Georgia, being Lot 61, Belmont Chase Subdivision, as per plat thereof recorded in Plat Book 64, Pages 243-245, Jackson County, Georgia Records; which plat and legal description thereon are incorporated herein by reference thereto.
(OC7,14,21,28B/12062-60T1P)
Jackson County Public Notices 10-28-09 pt 1
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt from WTW DEVELOPMENT, LLC to STATE BANK AND TRUST COMPANY, as successor to SECURITY BANK OF GWINNETT COUNTY d/b/a HOMESTEAD BANK, dated February 7, 2006, and recorded in Deed Book 42-O, Page 710, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note in the original principal sum of THREE MILLION THREE HUNDRED TWENTY-FOUR THOUSAND AND 00/100 DOLLARS ($3,324,000.00) (“Note”), with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party or Parties in possession of the property is WTW Development, LLC, or a tenant or tenants, and said property is more commonly known as 150+/- Acres on Cabin Creek Road, Nicholson, Jackson County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property. Please be advised that, if the property contains multiple lots or parcels, the undersigned reserves the right to sell the properties separately or together.
State Bank and Trust Company, as successor to Security Bank of Gwinnett County d/b/a Homestead Bank
Attorneys in Fact for WTW Development, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forest Drive, Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT “A”
Legal Description
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING in the 253rd District, G.M., Jackson County, Georgia, containing 150.467 acres according to Plat of Survey for Galaxy Development, LLC by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, Georgia Registered Land Surveyor Number 1577, dated November 1, 2004 and recorded at Plat Book 64, Page 248, Jackson County, Georgia Records; which plat and the recording thereof are incorporated herein for a more complete description of the property conveyed herein.
(OC7,14,21,28P4)
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 from DOUBLE BRIDGES FARMS, INC. to BRANCH BANKING AND TRUST COMPANY, as successor TO MAIN STREET BANK, dated August 30, 2005, and recorded in Deed Book 40-S, Page 504, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of FIVE MILLION ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($5,140,000.00), with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Double Bridges Farms, Inc. or a tenant or tenants, and said property is more commonly known as PORTIONS OF HERITAGE POINT SUBDIVISION, JACKSON COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. Please be advised that the said legal description includes plotted lots and other areas and the undersigned reserves the right to sell said lots and other areas separately or together.
Branch Banking and Trust Company Attorney in Fact for Double Bridges Farms, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive, Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land lying and being in Georgia Militia District 248, Jackson County, Georgia and being more particularly described as follow:
BEGINNING at a 1/2 inch rebar found located on the westerly right of way of Georgia Highway No. 124 (having an apparent right of way of 100 feet) 902.20 southeasterly from the intersection of said right of way and the right of way of Georgia Highway No. 332 (having an 80’ right of way); running thence along the right of way of Georgia Highway No. 124 and the arc of a radius curve having an arc distance of 384.55 feet, a radius of 1689.18 feet with a chord bearing South 46 degrees 52 minutes 09 seconds east a chord distance of 383.72 to a point; running thence along the arc of a radius curve having an arc distance of 266.00 feet, a radius of 1722.70 feet, with a chord bearing South 39 degrees, 24 minutes, 41 seconds east a chord distance of 265.74 feet to an iron pin found; leaving said right of way running thence South 59 degrees 06 minutes 43 seconds west a distance of 234.19 feet to an iron pin found; run thence South 35 degrees 09 minutes 24 seconds east a distance of 152.43 feet to an iron pin found; running thence South 58 degrees 31 minutes 04 degrees 19.82 feet to an iron pin found; running thence South 38 degrees 50 minutes 30 seconds east a distance of 186.28 feet to a point; running thence North 52 degrees 50 minutes 26 second east a distance of 216.67 feet to an iron pin found located on the right of way of Georgia Highway No. 124; running thence along said right of way South 26 degrees 15 minutes 24 seconds east a distance of 60.81 feet to an iron pin set; leaving said right of way and running thence South 50 degrees 17 minutes 54 seconds west a distance of 186.65 feet to an iron pin set; running thence South 53 degrees 47 minutes 32 seconds west a distance of 91.70 feet to an iron pin set; running thence South 39 degrees 43 minutes 54 seconds east a distance of 280.28 feet to an iron pin set; running thence South 39 degrees 43 minutes 54 seconds east a distance of 32.35 feet to an iron pin set; running thence South 47 degrees 44 minutes 09 seconds west a distance of 494.75 feet to an iron pint set; running thence South 18 degrees 21 minutes 53 second west a distance of 152.93 feet to an iron pin set; running thence South 54 degrees 19 minutes 49 seconds west a distance of 364.11 feet to an iron pin set; running thence South 16 degrees 23 minutes 16 second east a distance of 251.69 feet to an iron pin found; running thence South 47 degrees 47 minutes 08 second west a distance of 502.79 feet to an iron pin found; running thence North 72 degrees 29 minutes 26 seconds west a distance of 1532.00 feet to centerline of creek being the property line (1485.34 feet to computed traverse line with an iron pin set 46.3 feet from centerline of creek) property line runs 2110.00 feet northeast along centerline of creek and traverse line commences at aforereferenced iron pin set; running thence North 29 degrees 03 minutes 58 seconds east a distance of 232.86 feet to a point; running thence North 24 degrees 15 minutes 17 seconds east a distance of 279.91 feet; running thence North 22 degrees 42 minutes 00 seconds east a distance of 263.31 feet; running thence North 49 degrees 29 minutes 16 seconds east a distance of 308.98 feet; running thence north 46 degrees 09 minutes 17 seconds east a distance of 349.02 feet to a point running thence North 49 degrees 32 minutes 11 seconds east a distance of 354.82 feet and the end of said traverse line; running thence North 47 degrees 56 minutes 26 seconds east a distance of 975.71 feet to a 1/2 inch rebar and the POINT OF BEGINNING; said property being Tract One having 74.064 acres to centerline of creed (72.495 acres to traverse) according to that certain boundary survey for Victor Tract - S.R. 124 by Development Consulting Group, Donald G. Holland, G.R.L.S. No. 2637, dated February 12, 2004.
LESS AND EXCEPT:
ALL that tract or parcel of land, lying and being in G.M.D. 248, Jackson County, Georgia, containing 4.064 acres of land, more or less, and being more particularly described as follows:
Beginning at a point at the intersection of the centerline of Georgia Highway No. 332 and the southwesterly margin of the 100-foot right-of-way of Georgia Highway No. 124; thence along the southwesterly margin of the 100-foot right-of-way of Georgia Highway No. 124 1082.1 feet in a southeasterly direction to an iron pin, being the TRUE POINT OF BEGINNING; thence continuing along the margin of said right-of-way 244.59 feet along the arc of a curve to the right having a radius of 1689.18 feet, chord distance of 244.38 feet and chord bearing of South 44 degrees 29 minutes 43 seconds East to an iron pin; thence continuing along said right-of-way 215.82 feet along the arc of a curve to the right having a radius of 1722.70 feet, chord distance of 215.68 feet and chord bearing of South 40 degrees 14 minutes 46 seconds East to an iron pin; thence departing said right-of-way South 59 degrees 06 minutes 43 seconds West, 221.24 feet to an iron pin; thence North 68 degrees 40 minutes 26 seconds West, 83.24 feet to an iron pin; thence North 47 degrees 01 minutes 43 seconds West, 179.66 feet to an iron pin; thence 150.91 feet along the arc of a curve to the right having a radius of 240.00 feet, chord distance of 148.43 feet and chord bearing of North 35 degrees 47 minutes 56 second East to an iron pin; thence North 53 degrees 48 minutes 43 seconds East, 136.45 feet to an iron pin; thence 63.37 feet along the arc of a curve to the left having a radius of 240.00 feet, chord distance 63.18 feet and chord bearing of North 46 degrees 14 minutes 53 seconds East to an iron pin; thence North 38 degrees 41 minutes 04 seconds East, 74.08 feet to an iron pin; thence North 84 degrees 46 minutes 28 seconds East, 41.64 feet to the TRUE POINT OF BEGINNING.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in Randolph’s General Militia District No. 248 of Jackson County, Georgia, being more particularly described as Block “B”, Lots 64-75, Inclusive, Block “C”, Lots 31-56, Inclusive and Block “C”, Lots 58-59 on that Final Plat for Heritage Point at Plat Book 66, Page 180, Office of the Clerk of the Superior Court of Jackson County, Georgia.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in Randolph’s General Militia District No. 248 of Jackson County, Georgia, being Lot 62, Block B, Final Plat for Heritage Point, as per plat recorded in Plat Book 66, Page 180, Jackson County Records, said plat being incorporated herein by reference thereto.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia being Lots 7, 8, 12, Block B, and Lot 20, Block C, Heritage Point Subdivision, as per plat recorded in Plat Book 66, Pages 180-182, Jackson County, Georgia records, which plat is incorporated herein and made a part of this description.
(OC7,14,21,28P4)
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 Real Estate Deed To Secure Debt from STARLIGHT HOMES, LLC to STATE BANK AND TRUST, successor in interest to SECURITY BANK OF GWINNETT COUNTY, dated November 1, 2007, and recorded in Deed Book 0050-Y, Page 0165, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) to Starlight Homes, LLC in the original principal sum of TWO HUNDRED NINETY THREE THOUSAND AND 00/100 DOLLARS ($293,000.00) with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Starlight Homes, LLC, or a tenant or tenants, and said property is more commonly known as LOT 19, BLOCK B OF RIVERBEND SUBDIVISION, JACKSON COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. Seller reserves the right to sell the lots separately or together.
State Bank & Trust Attorney in Fact for Starlight Homes, LLC
Martin G. Quirk, Esq.
Agnes K. Horbaczewski, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land lying and being in GMD 1747 of Jackson County, Georgia, and being Lot 19, Block B of Riverbend Subdivision according to that plat of survey recorded in Plat Book 64, Page 290, Jackson County, Georgia Records, which plat is incorporated herein and made a part of hereof by reference thereto for a more complete description of the property conveyed herein.
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt from BRASELTON DEVELOPMENT GROUP, INC. to STATE BANK AND TRUST COMPANY, as successor to SECURITY BANK OF GWINNETT COUNTY d/b/a HOMESTEAD BANK, dated March 30, 2006, and recorded in Deed Book 43-H, Page 674, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note in the original principal sum of THREE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,500,000.00) (“Note”), with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party or Parties in possession of the property is Braselton Development Group, Inc., or a tenant or tenants, and said property is more commonly known as 145.8 Acres, Highway 53 and New Liberty Church Road, Braselton, Jackson County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property. Please be advised that, if the property contains multiple lots or parcels, the undersigned reserves the right to sell the properties separately or together.
State Bank and Trust Company, as successor to Security Bank of Gwinnett County d/b/a Homestead Bank
Attorneys in Fact for Braselton Development Group, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forest Drive,
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT “A”
Legal Description
ALL THAT TRACT OR PARCEL OF LAND, LYING AND BEING IN Porter’s G.M.D. (1765), Jackson County, Georgia, containing 145.79 acres of land, more or less, and being more particularly described as follows:
BEGINNING at a point at the intersection of the centerline of the 50-foot right-of-way of Thornhill Drive and the southerly margin of the 80-foot right-of-way of Georgia Highway No. 53; thence along the southerly margin of the 80-foot right-of-way of Georgia Highway No. 53, 258.51 feet in a southeasterly direction to an iron pin; thence departing said right-of-way, South 29 degrees 53 minutes 01 second West, 501.19 feel to an iron pin; thence South 60 degrees 43 Minutes 17seconds East, 405.46 feet to an iron pin; thence South 80 degrees 40 minutes 54 seconds East, 656.79 feet to an iron pin; thence South 00 degrees 26 minutes 29 seconds West. 238.10 feet to an iron pin: thence South 49 degrees 53 minutes 53 seconds West, 492.23 feet to an iron pin; thence South 62 degrees 51 minutes 20 seconds East, 453.52 feet to an iron pin, being the TRUE POINT OF BEGINNING; thence South 62 degrees 51 minutes 20 seconds East, 1077.50 feet to a rock monument; thence North 44 degrees 22 minutes 30 seconds East, 1132.00 feet to a point in the centerline of a creek; thence along the centerline of the creek and following the meandering thereof, 566 feet, more or less, in a southeasterly direction to a point; thence departing the creek, South 25 degrees 50 minutes 07 seconds West, 110.00 feet to a rock monument; thence South 42 degrees 07 minutes 44 seconds East, 376.12 feet to an iron pin; thence South 43 degrees 15 minutes 37 seconds East, 543.10 feet to a rock monument; thence South 41 degrees 36 minutes 33 seconds West, 1407 feet, more or less, to a point in the centerline of a creek; thence along the centerline of the creek and following the meandering thereof, 159 feet, more or less, in a southeasterly direction to a point; thence departing the centerline of the creek, South 66 degrees 01 minute 56 seconds West, 1173.86 feet to an iron pin; thence South 66 degrees 09 minutes 05 seconds West, 125.13 feet to an iron pin; thence South 61degrees 09 minutes 12 seconds West, 111.01 feet to an iron pin; thence South 61 degrees 08 minutes 32 seconds West, 201.13 feet to an iron pin; thence North 32 degrees 38 minutes 55 seconds West, 16.82 feet to an iron pin; thence South 65 degrees 47 minutes 43 seconds West, 243.76 feet to an iron pin; thence North 24 degrees 30 minutes 01 second West, 1008.45 feet to a rock monument; thence North 22 degrees 50 minutes 32 seconds West, 160.69 feet to a rock monument; thence North 45 degrees 44 minutes 35 seconds West, 185.75 feet to an iron pin; thence North 42 degrees 56 minutes 55 seconds West, 1009.36 feet to an iron pin; thence North 13 degrees 39 minutes 29 seconds East, 282.79 feet to a point: thence North 63 degrees 54 minutes 59 seconds East, 229.03 feet to a point; thence North 67 degrees 54 minutes 39 seconds East, 50.12 feet to a point: thence North 63 degrees 54 minutes 59 seconds East, 100.00 feet to a point; thence South 86 degrees 47 minutes 20 seconds East, 508.07 feet to a point; thence North 27 degrees 08 minutes 40 seconds East, 376.06 feet to a point; thence South 62 degrees 51 minutes 20 seconds East, 24.39 feet to a point; thence North 27 degrees 08 minutes 40 seconds East, 165.00 feet to the TRUE POINT OF BEGINNING.
Said property being shown on that certain survey prepared for Braselton Development Group, Inc. by Development Consultants Group, dated February 14, 2006.
**TOGETHER WITH-SEE NEXT PAGE**
AND
ALL that tract or parcel of land, lying and being in Porter’s G.M.D. (1765), Jackson County, Georgia, containing 3.181 acres of land, more or less, and being more particularly described as follows:
BEGINNING at a point at the intersection of the centerline of the 50-foot right-of-way of Thornhill Drive and the southerly margin of the 80-foot right-of-way of Georgia Highway No. 53; thence along the southerly margin of the 80-foot right-of-way of Georgia Highway No. 53, 258.51 feet in a southeasterly direction to an iron pin; thence departing said right-of-way South 59 degrees 53 minutes 01 second West, 2066.81 feet to an iron pin; thence North 46 degrees 52 minutes 54 seconds West, 172.36 feet to the TRUE POINT OF BEGINNING; thence South 01 degree 37 minutes 50 seconds East, 216.18 feet to a point thence 32.77 feet along the arc of a curve to the left having a radius of 200.00 feet, chord bearing of South 83 degrees 40 minutes 32 seconds West and a chord distance of 32.73 feet to a point; thence South 78 degrees 58 minutes 54 seconds West, 123.49 feet to a point; thence 20.13 feet along the arc of a curve to the left having a radius of 320.00 feet, chord bearing of South 77 degrees 10 minutes 47 seconds West and a chord distance of 20.13 feet to a point; thence South 75 degrees 22 minutes 40 seconds West, 146.72 feet to a point on the easterly margin of the 80-foot right-of-way of New Liberty Church Road; thence along the easterly margin of the 80-foot right-of-way of New Liberty Church Road the following courses and distances: 68.59 feet along the arc of a curve to the right having a radius of 1176.43 feet, chord bearing of North 11 degrees 20 minutes 41 seconds West and a chord distance of 68.58
feet to a point; 285.56 feet along the arc of a curve to the left having a radius of 1412.70 feet, chord bearing of North 13 degrees 59 minutes 21 seconds West and a chord distance of 285.07 feet to a point; North 24 degrees 38 minutes 49 seconds West, 27.17 feet to a point; thence departing said right-of-way North 42 degree 15 minutes 46 seconds East, 212.84 feet to a point; thence South 47 degrees 44 minutes 14 seconds East, 97.07 feet to an iron pin; thence South 46 degrees 52 minutes 54 seconds East, 257.47 feet to the TRUE POINT OF BEGINNING.
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt from BRASELTON DEVELOPMENT GROUP, INC. to STATE BANK AND TRUST COMPANY, as successor to SECURITY BANK OF GWINNETT COUNTY d/b/a HOMESTEAD BANK, dated May 25, 2007, and recorded in Deed Book 48-Y, Page 59, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note in the original principal sum of ONE MILLION AND 00/100 DOLLARS ($1,000,000.00) (“Note”), with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party or Parties in possession of the property is Braselton Development Group, Inc., or a tenant or tenants, and said property is more commonly known as 3.07 AC New Liberty Church Road, Braselton, Jackson County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property. Please be advised that, if the property contains multiple lots or parcels, the undersigned reserves the right to sell the properties separately or together.
State Bank and Trust Company, as successor to Security Bank of Gwinnett County d/b/a Homestead Bank Attorneys in Fact for Braselton Development Group, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forest Drive,
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in Porter’s GMD 1765, subject to matters as shown on that plat depicting Liberty Crossing, Unit One, 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.
AND
ALL that tract or parcel of land, lying and being in Porters G.M.D. (1765), in the Town of Braselton, Jackson County, Georgia, containing 3.07 acres of land, more or less, and being more particularly described as follows:
Beginning at a point at the northwesterly end of the mitered Intersection of the easterly margin of the right-of-way of New Liberty Church Road (right-of-way width varies) and the northerly margin of Madison Avenue (right-of-way width varies), being the TRUE POINT OF BEGINNING; thence along the easterly margin of the right-of-way of New Liberty Church Road the following courses and distances: 27.76 feet along the arc of a curve to the right having a radius of 1242.97 feet, chord bearing of North 10 degrees 31 minutes 48 seconds West, and chord distance of 27.75 feet to a point; 320.68 feet along the arc of a curve to the left having a radius of 1413.24 feet, chord bearing of North 14 degrees 40 minutes 19 seconds West and chord distance of 319.99 feet to an iron pin; thence departing said right-of-way North 42 degrees 15 minutes 46 seconds East, 199.38 feet to an iron pin; thence South 47 degrees 44 minutes 14 seconds East, 97.07 feet to an iron pin; thence South 46 degrees 52 minutes 54 seconds East, 257.47 feet to an iron pin; thence South 01 degree 37 minutes 50 seconds East, 216.18 feet to an iron pin on the northerly margin of Madison Avenue; thence along the margin of said right-of-way the following courses and distances: 32.77 feet along the arc of a curve to the left having a radius of 200.00 feet, chord bearing of South 83 degrees 40 minutes 32 seconds West and chord distance of 32.73 feet to a point; South 78 degrees 58 minutes 54 seconds West, 123.49 feet to a point; 20.13 feet along the arc of a curve to the left having a radius of 320.00 feet, chord bearing of South 77 degrees 10 minutes 47 seconds West and chord distance of 20.13 feet to a point; South 75 degrees 22 minutes 40 seconds West, 96.58 feet to a point; thence along the mitered intersection with New Liberty Church Road North 58 degrees 21 minutes 30 seconds West, 55.30 feet to the TRUE POINT OF BEGINNING.
This parcel is shown on a plat entitled Final Plat for Unit One of Liberty Crossing, prepared by Development Consultants Group, last revised 4/4/07.
Subject to matters as shown on that plat depicting Liberty Crossing, Unit One,
Recorded in Plat Book 68, Page 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.
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, Jackson County
By virtue of the powers of sale contained in that certain Construction Security Deed from COUCH CONSTRUCTION, INC. to GAINESVILLE BANK & TRUST, predecessor in interest to SunTrust Bank, dated March 19, 2007, recorded March 21, 2007, in Deed Book 47-Y at Page 88, Jackson County, Georgia Records (hereinafter “Security Deed”), given to secure an indebtedness as evidenced in that certain Promissory Note originally dated March 19, 2007, and by renewal dated June 11, 2008, in the principal amount of $42,170.91, and given to secure an indebtedness as evidenced in that certain Promissory Note originally dated January 30, 2007, and by renewal dated June 11, 2008, in the principal amount of $73,164.37 (hereinafter “Notes”), with interest from said date at the rate stated in said Notes on the unpaid balances until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in November, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by the Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to make payments on said Notes and default in payment of the obligations secured by the 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, including attorneys’ fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Security Deed first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Couch Construction, Inc. its heirs or assigns, or a tenant or tenants, and all or a portion of said real property is more commonly known as Tract 1, Old Maysville Road, Commerce, Jackson County, Georgia 30529; however, please refer only to the legal description for the location of the property.
SunTrust Bank Attorney in Fact for Couch Construction, Inc.
NEAL J. QUIRK, ESQ.
QUIRK & QUIRK, LLC
325 Century Springs West
6000 Lake Forrest Drive, N.W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
Legal Description
All that tract or parcel of land, containing 0.343 acre, more or less, situate, lying and being in the 255th District, G.M. of Jackson County, Georgia, and being more particularly shown and described as 0.434 acre according to a plat of survey entitled “Survey for: KRC Development, Inc.,” dated October 2, 2006, revised November 21, 2006, prepared by Carroll Surveying, LLC, certified by Stacey C. Carroll, Georgia Registered Surveyor No. 2729, and being recorded at Plat Book 70, Page 36, in the Office of the Clerk of Superior Court of Jackson County< Georgia, which said plat and the record thereof are by reference incorporated herein for a more complete description of the property herein conveyed. This being a portion of the same property conveyed by Warranty Deed from James David Browner to KRC Development, Inc. dated September 15, 2006, and recorded at Deed Book 45-O, Page 328, in said Clerk’s Office.
TOGETHER WITH and appurtenant to the above-described property, non-exclusive rights of ingress, egress and access, including the right to place utilities, over and across the 15’ wide Drive running from Maysville Road in a generally northerly direction to the above described property.
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia, County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from CARL I. ROBERTSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $156,000.00 dated 04/30/2003, and recorded in Deed Book 30-A, Page 90, Jackson County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of November, 2009, by CitiMortgage, Inc., as Attorney-in-Fact for Carl I. Robertson the following described property:
All that tract or parcel of land lying and being in the 253rd District G.M. Jackson County, Georgia, and being that 2.238 acres, more or less, designated as Lot 6 on a final plat for Phase II, Cabin Creek Estates, prepared by W. T. Dunahoo, Registered Land Surveyor, dated January 20, 2000, recorded in Plat Book 54, Page 193, in the Office of the Clerk of the Superior Court of Jackson County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to any easements and restrictions of record.
Property known as: 570 Cabin Creek, Nicholson, GA 30565
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Carl I. Robertson.
CitiMortgage, Inc., as Attorney-in-fact for Carl I. Robertson.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-6023
(OC7,14,21,28B/224-60)
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Notice of Sale
Notice of Sale Under Power i
n Deed to Secure Debt
State of Georgia, County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BRIAN BOWLES and KIMBERLY BOWLES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $128,700.00 dated 11/15/2006, and recorded in Deed Book 46-I, Page 684, Jackson County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of November, 2009, by CitiMortgage, Inc., as Attorney-in-Fact for Brian Bowles and Kimberly Bowles the following described property:
All that tract or parcel of land lying and being in the City of Commerce, 255th District, G.M., Jackson County, Georgia, and being designated as Lot No. 2 on a plat of survey of The Fields Subdivision, as more particularly shown on plat of survey prepared by Barry D. Lord, Registered Surveyor, dated January 29, 2003, recorded in Plat Book 60, Page 183, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
Property known as: 414 Victoria Street, Commerce, GA 30529
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Brian Bowles and Kimberly Bowles.
CitiMortgage, Inc., as Attorney-in-fact for Brian Bowles and Kimberly Bowles.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-6370
(OC7,14,21,28B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by WANDA I. MERCED to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated, August 31, 2005, in the amount of $118,000.00, and recorded in Deed Book 40-X, Page 240, Jackson County, Georgia Records, as last transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS,INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 by assignment, the undersigned, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS,INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 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 November, 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 257th District of Jackson County, Georgia, being Lot 19, Block A, Hampton Creek, as more particularly described o a plat of survey recorded in Plat Book 57, Page 188, Jackson County, Georgia Records, which said plat is incorporated herein by reference and made a part hereof.
Subject to protective covenants dated 6-12-2001 and recorded in Deed Book 23-S, Page 378, Jackson County, Georgia Records.
which has the property address of 65 Hampton Creek Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Wanda I. Merced 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.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS,INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 Attorney in Fact for Wanda I. Merced
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-17150 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power of Attorney Contained in Security Deed
Under and by virtue of the power of sale contained in that Security Deed from YOLANDA REED to COMMUNITY BANK & TRUST, dated September 25, 2007, and recorded in Deed Book 0050-F, Page 467(the “Deed”) Jackson County, Georgia Records, such Deed being given to secure obligations arising under: a Real Estate Note dated September 25, 2007, made by Grantor in the original principal amount of $128,505.00(the “Note”), together with interest thereon and other obligations as provided in the Note and Deed (collectively the “Debt”), 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 November, 2009, to wit: November 3, 2009, the following described property:
All that tract or parcel of land lying and in the City of Jefferson, Jefferson District (GMD 245) of Jackson County, Georgia, being all of Lot 1, Alexander Place Subdivision, as shown on plat survey dated October 14, 1994, recorded in Plat Book 44, Page 132, Jackson County, Georgia Records, which plat is incorporated by reference for a more complete description of said property.
The Debt is declared immediately due and payable because of, inter alia, default in the payment of the Debt in the manner required by the Notes and Deed. The Sale will be made for the purpose of paying the Debt and all expenses of Sale, including reasonable attorney fee (notice of intention to collect attorney(s fees has been given). The sale shall be subject to all restrictions, liens, easements and encumbrances of record, and all unpaid taxes and assessments, if any, having priority over the Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Yolanda Reed or a tenant or tenants and said property is more commonly known as 1220 Old Swimming Pool Rd., Jefferson, GA 30549.
Community Bank & Trust as Attorney in Fact for Yolanda Reed.
Vince Fitzgerald
629 Dawsonville Highway, Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by RYAN KAUL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE BANK, FSB, dated August 8, 2008, and filed for record August 25, 2008, in Deed Book 53-C, Page 711, Jackson County, Georgia records, and securing a Note in the original principal amount of $81,530.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for record in the public deed records of Jackson County, Georgia, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Jackson County, Georgia, between the legal hours of sale on the first Tuesday in November, 2009, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Ryan Kaul the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in the 253rd District, G.M., City of Nicholson, Jackson County, Georgia, being Lot 4, containing 0.825 acres, more or less, of Quiet Oaks Subdivision, as per plat of survey entitled “Final Plat for Quiet Oaks Subdivision” prepared by Venable & Associates, Inc., certified by Allen L. Venable, GRLS, dated April 20, 1999, and being recorded in Plat Book 54, Page 36, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
The above described property is also known as 69 Autumn Drive, Nicholson, GA 30565.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Ryan Kaul .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P. O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Ryan Kaul
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road,
Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC7,14,21,28B/119-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by HENRY AARON and HENRY MONICA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 3, 2004, in the amount of $162,720.00, and recorded in Deed Book 36-A, Page 541, 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 November, 2009, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 1765, Jackson County, Georgia, being Lot 10, Arbor Pointe, Phase II, on plat of said subdivision, recorded in Jackson County plat records at Plat Book 62, Pages 149-150, which plat is incorporated herein by reference for a more complete description.
which has the property address of 247 Arbor Trace, 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 Henry Aaron and Henry Monica 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 Henry Aaron and Henry Monica
Anthony DeMarlo, Attorney/pdrosario
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21482 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC7,14,21,28B/1325-50)
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt from WTW DEVELOPMENT, LLC to STATE BANK AND TRUST COMPANY, as successor to SECURITY BANK OF GWINNETT COUNTY d/b/a HOMESTEAD BANK, dated February 7, 2006, and recorded in Deed Book 42-O, Page 710, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note in the original principal sum of THREE MILLION THREE HUNDRED TWENTY-FOUR THOUSAND AND 00/100 DOLLARS ($3,324,000.00) (“Note”), with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party or Parties in possession of the property is WTW Development, LLC, or a tenant or tenants, and said property is more commonly known as 150+/- Acres on Cabin Creek Road, Nicholson, Jackson County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property. Please be advised that, if the property contains multiple lots or parcels, the undersigned reserves the right to sell the properties separately or together.
State Bank and Trust Company, as successor to Security Bank of Gwinnett County d/b/a Homestead Bank
Attorneys in Fact for WTW Development, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forest Drive, Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT “A”
Legal Description
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING in the 253rd District, G.M., Jackson County, Georgia, containing 150.467 acres according to Plat of Survey for Galaxy Development, LLC by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, Georgia Registered Land Surveyor Number 1577, dated November 1, 2004 and recorded at Plat Book 64, Page 248, Jackson County, Georgia Records; which plat and the recording thereof are incorporated herein for a more complete description of the property conveyed herein.
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt from DOUBLE BRIDGES FARMS, INC. to BRANCH BANKING AND TRUST COMPANY, as successor TO MAIN STREET BANK, dated August 30, 2005, and recorded in Deed Book 40-S, Page 504, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of FIVE MILLION ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($5,140,000.00), with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deeds to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Double Bridges Farms, Inc. or a tenant or tenants, and said property is more commonly known as PORTIONS OF HERITAGE POINT SUBDIVISION, JACKSON COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. Please be advised that the said legal description includes plotted lots and other areas and the undersigned reserves the right to sell said lots and other areas separately or together.
Branch Banking and Trust Company Attorney in Fact for Double Bridges Farms, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive, Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land lying and being in Georgia Militia District 248, Jackson County, Georgia and being more particularly described as follow:
BEGINNING at a 1/2 inch rebar found located on the westerly right of way of Georgia Highway No. 124 (having an apparent right of way of 100 feet) 902.20 southeasterly from the intersection of said right of way and the right of way of Georgia Highway No. 332 (having an 80’ right of way); running thence along the right of way of Georgia Highway No. 124 and the arc of a radius curve having an arc distance of 384.55 feet, a radius of 1689.18 feet with a chord bearing South 46 degrees 52 minutes 09 seconds east a chord distance of 383.72 to a point; running thence along the arc of a radius curve having an arc distance of 266.00 feet, a radius of 1722.70 feet, with a chord bearing South 39 degrees, 24 minutes, 41 seconds east a chord distance of 265.74 feet to an iron pin found; leaving said right of way running thence South 59 degrees 06 minutes 43 seconds west a distance of 234.19 feet to an iron pin found; run thence South 35 degrees 09 minutes 24 seconds east a distance of 152.43 feet to an iron pin found; running thence South 58 degrees 31 minutes 04 degrees 19.82 feet to an iron pin found; running thence South 38 degrees 50 minutes 30 seconds east a distance of 186.28 feet to a point; running thence North 52 degrees 50 minutes 26 second east a distance of 216.67 feet to an iron pin found located on the right of way of Georgia Highway No. 124; running thence along said right of way South 26 degrees 15 minutes 24 seconds east a distance of 60.81 feet to an iron pin set; leaving said right of way and running thence South 50 degrees 17 minutes 54 seconds west a distance of 186.65 feet to an iron pin set; running thence South 53 degrees 47 minutes 32 seconds west a distance of 91.70 feet to an iron pin set; running thence South 39 degrees 43 minutes 54 seconds east a distance of 280.28 feet to an iron pin set; running thence South 39 degrees 43 minutes 54 seconds east a distance of 32.35 feet to an iron pin set; running thence South 47 degrees 44 minutes 09 seconds west a distance of 494.75 feet to an iron pint set; running thence South 18 degrees 21 minutes 53 second west a distance of 152.93 feet to an iron pin set; running thence South 54 degrees 19 minutes 49 seconds west a distance of 364.11 feet to an iron pin set; running thence South 16 degrees 23 minutes 16 second east a distance of 251.69 feet to an iron pin found; running thence South 47 degrees 47 minutes 08 second west a distance of 502.79 feet to an iron pin found; running thence North 72 degrees 29 minutes 26 seconds west a distance of 1532.00 feet to centerline of creek being the property line (1485.34 feet to computed traverse line with an iron pin set 46.3 feet from centerline of creek) property line runs 2110.00 feet northeast along centerline of creek and traverse line commences at aforereferenced iron pin set; running thence North 29 degrees 03 minutes 58 seconds east a distance of 232.86 feet to a point; running thence North 24 degrees 15 minutes 17 seconds east a distance of 279.91 feet; running thence North 22 degrees 42 minutes 00 seconds east a distance of 263.31 feet; running thence North 49 degrees 29 minutes 16 seconds east a distance of 308.98 feet; running thence north 46 degrees 09 minutes 17 seconds east a distance of 349.02 feet to a point running thence North 49 degrees 32 minutes 11 seconds east a distance of 354.82 feet and the end of said traverse line; running thence North 47 degrees 56 minutes 26 seconds east a distance of 975.71 feet to a 1/2 inch rebar and the POINT OF BEGINNING; said property being Tract One having 74.064 acres to centerline of creed (72.495 acres to traverse) according to that certain boundary survey for Victor Tract - S.R. 124 by Development Consulting Group, Donald G. Holland, G.R.L.S. No. 2637, dated February 12, 2004.
LESS AND EXCEPT:
ALL that tract or parcel of land, lying and being in G.M.D. 248, Jackson County, Georgia, containing 4.064 acres of land, more or less, and being more particularly described as follows:
Beginning at a point at the intersection of the centerline of Georgia Highway No. 332 and the southwesterly margin of the 100-foot right-of-way of Georgia Highway No. 124; thence along the southwesterly margin of the 100-foot right-of-way of Georgia Highway No. 124 1082.1 feet in a southeasterly direction to an iron pin, being the TRUE POINT OF BEGINNING; thence continuing along the margin of said right-of-way 244.59 feet along the arc of a curve to the right having a radius of 1689.18 feet, chord distance of 244.38 feet and chord bearing of South 44 degrees 29 minutes 43 seconds East to an iron pin; thence continuing along said right-of-way 215.82 feet along the arc of a curve to the right having a radius of 1722.70 feet, chord distance of 215.68 feet and chord bearing of South 40 degrees 14 minutes 46 seconds East to an iron pin; thence departing said right-of-way South 59 degrees 06 minutes 43 seconds West, 221.24 feet to an iron pin; thence North 68 degrees 40 minutes 26 seconds West, 83.24 feet to an iron pin; thence North 47 degrees 01 minutes 43 seconds West, 179.66 feet to an iron pin; thence 150.91 feet along the arc of a curve to the right having a radius of 240.00 feet, chord distance of 148.43 feet and chord bearing of North 35 degrees 47 minutes 56 second East to an iron pin; thence North 53 degrees 48 minutes 43 seconds East, 136.45 feet to an iron pin; thence 63.37 feet along the arc of a curve to the left having a radius of 240.00 feet, chord distance 63.18 feet and chord bearing of North 46 degrees 14 minutes 53 seconds East to an iron pin; thence North 38 degrees 41 minutes 04 seconds East, 74.08 feet to an iron pin; thence North 84 degrees 46 minutes 28 seconds East, 41.64 feet to the TRUE POINT OF BEGINNING.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in Randolph’s General Militia District No. 248 of Jackson County, Georgia, being more particularly described as Block “B”, Lots 64-75, Inclusive, Block “C”, Lots 31-56, Inclusive and Block “C”, Lots 58-59 on that Final Plat for Heritage Point at Plat Book 66, Page 180, Office of the Clerk of the Superior Court of Jackson County, Georgia.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in Randolph’s General Militia District No. 248 of Jackson County, Georgia, being Lot 62, Block B, Final Plat for Heritage Point, as per plat recorded in Plat Book 66, Page 180, Jackson County Records, said plat being incorporated herein by reference thereto.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia being Lots 7, 8, 12, Block B, and Lot 20, Block C, Heritage Point Subdivision, as per plat recorded in Plat Book 66, Pages 180-182, Jackson County, Georgia records, which plat is incorporated herein and made a part of this description.
(OC7,14,21,28P4)
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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 Real Estate Deed To Secure Debt from STARLIGHT HOMES, LLC to STATE BANK AND TRUST, successor in interest to SECURITY BANK OF GWINNETT COUNTY, dated November 1, 2007, and recorded in Deed Book 0050-Y, Page 0165, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) to Starlight Homes, LLC in the original principal sum of TWO HUNDRED NINETY THREE THOUSAND AND 00/100 DOLLARS ($293,000.00) with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Starlight Homes, LLC, or a tenant or tenants, and said property is more commonly known as LOT 19, BLOCK B OF RIVERBEND SUBDIVISION, JACKSON COUNTY, GEORGIA. However, please rely only on the legal description contained in this notice for the location of the property. Seller reserves the right to sell the lots separately or together.
State Bank & Trust Attorney in Fact for Starlight Homes, LLC
Martin G. Quirk, Esq.
Agnes K. Horbaczewski, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land lying and being in GMD 1747 of Jackson County, Georgia, and being Lot 19, Block B of Riverbend Subdivision according to that plat of survey recorded in Plat Book 64, Page 290, Jackson County, Georgia Records, which plat is incorporated herein and made a part of hereof by reference thereto for a more complete description of the property conveyed herein.
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt from BRASELTON DEVELOPMENT GROUP, INC. to STATE BANK AND TRUST COMPANY, as successor to SECURITY BANK OF GWINNETT COUNTY d/b/a HOMESTEAD BANK, dated March 30, 2006, and recorded in Deed Book 43-H, Page 674, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note in the original principal sum of THREE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,500,000.00) (“Note”), with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party or Parties in possession of the property is Braselton Development Group, Inc., or a tenant or tenants, and said property is more commonly known as 145.8 Acres, Highway 53 and New Liberty Church Road, Braselton, Jackson County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property. Please be advised that, if the property contains multiple lots or parcels, the undersigned reserves the right to sell the properties separately or together.
State Bank and Trust Company, as successor to Security Bank of Gwinnett County d/b/a Homestead Bank
Attorneys in Fact for Braselton Development Group, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forest Drive,
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT “A”
Legal Description
ALL THAT TRACT OR PARCEL OF LAND, LYING AND BEING IN Porter’s G.M.D. (1765), Jackson County, Georgia, containing 145.79 acres of land, more or less, and being more particularly described as follows:
BEGINNING at a point at the intersection of the centerline of the 50-foot right-of-way of Thornhill Drive and the southerly margin of the 80-foot right-of-way of Georgia Highway No. 53; thence along the southerly margin of the 80-foot right-of-way of Georgia Highway No. 53, 258.51 feet in a southeasterly direction to an iron pin; thence departing said right-of-way, South 29 degrees 53 minutes 01 second West, 501.19 feel to an iron pin; thence South 60 degrees 43 Minutes 17seconds East, 405.46 feet to an iron pin; thence South 80 degrees 40 minutes 54 seconds East, 656.79 feet to an iron pin; thence South 00 degrees 26 minutes 29 seconds West. 238.10 feet to an iron pin: thence South 49 degrees 53 minutes 53 seconds West, 492.23 feet to an iron pin; thence South 62 degrees 51 minutes 20 seconds East, 453.52 feet to an iron pin, being the TRUE POINT OF BEGINNING; thence South 62 degrees 51 minutes 20 seconds East, 1077.50 feet to a rock monument; thence North 44 degrees 22 minutes 30 seconds East, 1132.00 feet to a point in the centerline of a creek; thence along the centerline of the creek and following the meandering thereof, 566 feet, more or less, in a southeasterly direction to a point; thence departing the creek, South 25 degrees 50 minutes 07 seconds West, 110.00 feet to a rock monument; thence South 42 degrees 07 minutes 44 seconds East, 376.12 feet to an iron pin; thence South 43 degrees 15 minutes 37 seconds East, 543.10 feet to a rock monument; thence South 41 degrees 36 minutes 33 seconds West, 1407 feet, more or less, to a point in the centerline of a creek; thence along the centerline of the creek and following the meandering thereof, 159 feet, more or less, in a southeasterly direction to a point; thence departing the centerline of the creek, South 66 degrees 01 minute 56 seconds West, 1173.86 feet to an iron pin; thence South 66 degrees 09 minutes 05 seconds West, 125.13 feet to an iron pin; thence South 61degrees 09 minutes 12 seconds West, 111.01 feet to an iron pin; thence South 61 degrees 08 minutes 32 seconds West, 201.13 feet to an iron pin; thence North 32 degrees 38 minutes 55 seconds West, 16.82 feet to an iron pin; thence South 65 degrees 47 minutes 43 seconds West, 243.76 feet to an iron pin; thence North 24 degrees 30 minutes 01 second West, 1008.45 feet to a rock monument; thence North 22 degrees 50 minutes 32 seconds West, 160.69 feet to a rock monument; thence North 45 degrees 44 minutes 35 seconds West, 185.75 feet to an iron pin; thence North 42 degrees 56 minutes 55 seconds West, 1009.36 feet to an iron pin; thence North 13 degrees 39 minutes 29 seconds East, 282.79 feet to a point: thence North 63 degrees 54 minutes 59 seconds East, 229.03 feet to a point; thence North 67 degrees 54 minutes 39 seconds East, 50.12 feet to a point: thence North 63 degrees 54 minutes 59 seconds East, 100.00 feet to a point; thence South 86 degrees 47 minutes 20 seconds East, 508.07 feet to a point; thence North 27 degrees 08 minutes 40 seconds East, 376.06 feet to a point; thence South 62 degrees 51 minutes 20 seconds East, 24.39 feet to a point; thence North 27 degrees 08 minutes 40 seconds East, 165.00 feet to the TRUE POINT OF BEGINNING.
Said property being shown on that certain survey prepared for Braselton Development Group, Inc. by Development Consultants Group, dated February 14, 2006.
**TOGETHER WITH-SEE NEXT PAGE**
AND
ALL that tract or parcel of land, lying and being in Porter’s G.M.D. (1765), Jackson County, Georgia, containing 3.181 acres of land, more or less, and being more particularly described as follows:
BEGINNING at a point at the intersection of the centerline of the 50-foot right-of-way of Thornhill Drive and the southerly margin of the 80-foot right-of-way of Georgia Highway No. 53; thence along the southerly margin of the 80-foot right-of-way of Georgia Highway No. 53, 258.51 feet in a southeasterly direction to an iron pin; thence departing said right-of-way South 59 degrees 53 minutes 01 second West, 2066.81 feet to an iron pin; thence North 46 degrees 52 minutes 54 seconds West, 172.36 feet to the TRUE POINT OF BEGINNING; thence South 01 degree 37 minutes 50 seconds East, 216.18 feet to a point thence 32.77 feet along the arc of a curve to the left having a radius of 200.00 feet, chord bearing of South 83 degrees 40 minutes 32 seconds West and a chord distance of 32.73 feet to a point; thence South 78 degrees 58 minutes 54 seconds West, 123.49 feet to a point; thence 20.13 feet along the arc of a curve to the left having a radius of 320.00 feet, chord bearing of South 77 degrees 10 minutes 47 seconds West and a chord distance of 20.13 feet to a point; thence South 75 degrees 22 minutes 40 seconds West, 146.72 feet to a point on the easterly margin of the 80-foot right-of-way of New Liberty Church Road; thence along the easterly margin of the 80-foot right-of-way of New Liberty Church Road the following courses and distances: 68.59 feet along the arc of a curve to the right having a radius of 1176.43 feet, chord bearing of North 11 degrees 20 minutes 41 seconds West and a chord distance of 68.58
feet to a point; 285.56 feet along the arc of a curve to the left having a radius of 1412.70 feet, chord bearing of North 13 degrees 59 minutes 21 seconds West and a chord distance of 285.07 feet to a point; North 24 degrees 38 minutes 49 seconds West, 27.17 feet to a point; thence departing said right-of-way North 42 degree 15 minutes 46 seconds East, 212.84 feet to a point; thence South 47 degrees 44 minutes 14 seconds East, 97.07 feet to an iron pin; thence South 46 degrees 52 minutes 54 seconds East, 257.47 feet to the TRUE POINT OF BEGINNING.
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt from BRASELTON DEVELOPMENT GROUP, INC. to STATE BANK AND TRUST COMPANY, as successor to SECURITY BANK OF GWINNETT COUNTY d/b/a HOMESTEAD BANK, dated May 25, 2007, and recorded in Deed Book 48-Y, Page 59, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note in the original principal sum of ONE MILLION AND 00/100 DOLLARS ($1,000,000.00) (“Note”), with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on Tuesday, November 3, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party or Parties in possession of the property is Braselton Development Group, Inc., or a tenant or tenants, and said property is more commonly known as 3.07 AC New Liberty Church Road, Braselton, Jackson County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property. Please be advised that, if the property contains multiple lots or parcels, the undersigned reserves the right to sell the properties separately or together.
State Bank and Trust Company, as successor to Security Bank of Gwinnett County d/b/a Homestead Bank Attorneys in Fact for Braselton Development Group, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forest Drive,
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of land lying and being in Porter’s GMD 1765, subject to matters as shown on that plat depicting Liberty Crossing, Unit One, 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.
AND
ALL that tract or parcel of land, lying and being in Porters G.M.D. (1765), in the Town of Braselton, Jackson County, Georgia, containing 3.07 acres of land, more or less, and being more particularly described as follows:
Beginning at a point at the northwesterly end of the mitered Intersection of the easterly margin of the right-of-way of New Liberty Church Road (right-of-way width varies) and the northerly margin of Madison Avenue (right-of-way width varies), being the TRUE POINT OF BEGINNING; thence along the easterly margin of the right-of-way of New Liberty Church Road the following courses and distances: 27.76 feet along the arc of a curve to the right having a radius of 1242.97 feet, chord bearing of North 10 degrees 31 minutes 48 seconds West, and chord distance of 27.75 feet to a point; 320.68 feet along the arc of a curve to the left having a radius of 1413.24 feet, chord bearing of North 14 degrees 40 minutes 19 seconds West and chord distance of 319.99 feet to an iron pin; thence departing said right-of-way North 42 degrees 15 minutes 46 seconds East, 199.38 feet to an iron pin; thence South 47 degrees 44 minutes 14 seconds East, 97.07 feet to an iron pin; thence South 46 degrees 52 minutes 54 seconds East, 257.47 feet to an iron pin; thence South 01 degree 37 minutes 50 seconds East, 216.18 feet to an iron pin on the northerly margin of Madison Avenue; thence along the margin of said right-of-way the following courses and distances: 32.77 feet along the arc of a curve to the left having a radius of 200.00 feet, chord bearing of South 83 degrees 40 minutes 32 seconds West and chord distance of 32.73 feet to a point; South 78 degrees 58 minutes 54 seconds West, 123.49 feet to a point; 20.13 feet along the arc of a curve to the left having a radius of 320.00 feet, chord bearing of South 77 degrees 10 minutes 47 seconds West and chord distance of 20.13 feet to a point; South 75 degrees 22 minutes 40 seconds West, 96.58 feet to a point; thence along the mitered intersection with New Liberty Church Road North 58 degrees 21 minutes 30 seconds West, 55.30 feet to the TRUE POINT OF BEGINNING.
This parcel is shown on a plat entitled Final Plat for Unit One of Liberty Crossing, prepared by Development Consultants Group, last revised 4/4/07.
Subject to matters as shown on that plat depicting Liberty Crossing, Unit One,
Recorded in Plat Book 68, Page 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.
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, Jackson County
By virtue of the powers of sale contained in that certain Construction Security Deed from COUCH CONSTRUCTION, INC. to GAINESVILLE BANK & TRUST, predecessor in interest to SunTrust Bank, dated March 19, 2007, recorded March 21, 2007, in Deed Book 47-Y at Page 88, Jackson County, Georgia Records (hereinafter “Security Deed”), given to secure an indebtedness as evidenced in that certain Promissory Note originally dated March 19, 2007, and by renewal dated June 11, 2008, in the principal amount of $42,170.91, and given to secure an indebtedness as evidenced in that certain Promissory Note originally dated January 30, 2007, and by renewal dated June 11, 2008, in the principal amount of $73,164.37 (hereinafter “Notes”), with interest from said date at the rate stated in said Notes on the unpaid balances until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in November, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by the Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to make payments on said Notes and default in payment of the obligations secured by the 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, including attorneys’ fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Security Deed first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Couch Construction, Inc. its heirs or assigns, or a tenant or tenants, and all or a portion of said real property is more commonly known as Tract 1, Old Maysville Road, Commerce, Jackson County, Georgia 30529; however, please refer only to the legal description for the location of the property.
SunTrust Bank Attorney in Fact for Couch Construction, Inc.
NEAL J. QUIRK, ESQ.
QUIRK & QUIRK, LLC
325 Century Springs West
6000 Lake Forrest Drive, N.W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
Legal Description
All that tract or parcel of land, containing 0.343 acre, more or less, situate, lying and being in the 255th District, G.M. of Jackson County, Georgia, and being more particularly shown and described as 0.434 acre according to a plat of survey entitled “Survey for: KRC Development, Inc.,” dated October 2, 2006, revised November 21, 2006, prepared by Carroll Surveying, LLC, certified by Stacey C. Carroll, Georgia Registered Surveyor No. 2729, and being recorded at Plat Book 70, Page 36, in the Office of the Clerk of Superior Court of Jackson County< Georgia, which said plat and the record thereof are by reference incorporated herein for a more complete description of the property herein conveyed. This being a portion of the same property conveyed by Warranty Deed from James David Browner to KRC Development, Inc. dated September 15, 2006, and recorded at Deed Book 45-O, Page 328, in said Clerk’s Office.
TOGETHER WITH and appurtenant to the above-described property, non-exclusive rights of ingress, egress and access, including the right to place utilities, over and across the 15’ wide Drive running from Maysville Road in a generally northerly direction to the above described property.
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia, County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from CARL I. ROBERTSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $156,000.00 dated 04/30/2003, and recorded in Deed Book 30-A, Page 90, Jackson County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of November, 2009, by CitiMortgage, Inc., as Attorney-in-Fact for Carl I. Robertson the following described property:
All that tract or parcel of land lying and being in the 253rd District G.M. Jackson County, Georgia, and being that 2.238 acres, more or less, designated as Lot 6 on a final plat for Phase II, Cabin Creek Estates, prepared by W. T. Dunahoo, Registered Land Surveyor, dated January 20, 2000, recorded in Plat Book 54, Page 193, in the Office of the Clerk of the Superior Court of Jackson County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to any easements and restrictions of record.
Property known as: 570 Cabin Creek, Nicholson, GA 30565
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Carl I. Robertson.
CitiMortgage, Inc., as Attorney-in-fact for Carl I. Robertson.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-6023
(OC7,14,21,28B/224-60)
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Notice of Sale
Notice of Sale Under Power i
n Deed to Secure Debt
State of Georgia, County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BRIAN BOWLES and KIMBERLY BOWLES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $128,700.00 dated 11/15/2006, and recorded in Deed Book 46-I, Page 684, Jackson County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of November, 2009, by CitiMortgage, Inc., as Attorney-in-Fact for Brian Bowles and Kimberly Bowles the following described property:
All that tract or parcel of land lying and being in the City of Commerce, 255th District, G.M., Jackson County, Georgia, and being designated as Lot No. 2 on a plat of survey of The Fields Subdivision, as more particularly shown on plat of survey prepared by Barry D. Lord, Registered Surveyor, dated January 29, 2003, recorded in Plat Book 60, Page 183, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
Property known as: 414 Victoria Street, Commerce, GA 30529
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Brian Bowles and Kimberly Bowles.
CitiMortgage, Inc., as Attorney-in-fact for Brian Bowles and Kimberly Bowles.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-6370
(OC7,14,21,28B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by WANDA I. MERCED to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated, August 31, 2005, in the amount of $118,000.00, and recorded in Deed Book 40-X, Page 240, Jackson County, Georgia Records, as last transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS,INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 by assignment, the undersigned, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS,INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 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 November, 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 257th District of Jackson County, Georgia, being Lot 19, Block A, Hampton Creek, as more particularly described o a plat of survey recorded in Plat Book 57, Page 188, Jackson County, Georgia Records, which said plat is incorporated herein by reference and made a part hereof.
Subject to protective covenants dated 6-12-2001 and recorded in Deed Book 23-S, Page 378, Jackson County, Georgia Records.
which has the property address of 65 Hampton Creek Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Wanda I. Merced 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.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS,INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 Attorney in Fact for Wanda I. Merced
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-17150 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power of Attorney Contained in Security Deed
Under and by virtue of the power of sale contained in that Security Deed from YOLANDA REED to COMMUNITY BANK & TRUST, dated September 25, 2007, and recorded in Deed Book 0050-F, Page 467(the “Deed”) Jackson County, Georgia Records, such Deed being given to secure obligations arising under: a Real Estate Note dated September 25, 2007, made by Grantor in the original principal amount of $128,505.00(the “Note”), together with interest thereon and other obligations as provided in the Note and Deed (collectively the “Debt”), 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 November, 2009, to wit: November 3, 2009, the following described property:
All that tract or parcel of land lying and in the City of Jefferson, Jefferson District (GMD 245) of Jackson County, Georgia, being all of Lot 1, Alexander Place Subdivision, as shown on plat survey dated October 14, 1994, recorded in Plat Book 44, Page 132, Jackson County, Georgia Records, which plat is incorporated by reference for a more complete description of said property.
The Debt is declared immediately due and payable because of, inter alia, default in the payment of the Debt in the manner required by the Notes and Deed. The Sale will be made for the purpose of paying the Debt and all expenses of Sale, including reasonable attorney fee (notice of intention to collect attorney(s fees has been given). The sale shall be subject to all restrictions, liens, easements and encumbrances of record, and all unpaid taxes and assessments, if any, having priority over the Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Yolanda Reed or a tenant or tenants and said property is more commonly known as 1220 Old Swimming Pool Rd., Jefferson, GA 30549.
Community Bank & Trust as Attorney in Fact for Yolanda Reed.
Vince Fitzgerald
629 Dawsonville Highway, Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
(OC7,14,21,28P4)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by RYAN KAUL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE BANK, FSB, dated August 8, 2008, and filed for record August 25, 2008, in Deed Book 53-C, Page 711, Jackson County, Georgia records, and securing a Note in the original principal amount of $81,530.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for record in the public deed records of Jackson County, Georgia, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Jackson County, Georgia, between the legal hours of sale on the first Tuesday in November, 2009, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Ryan Kaul the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in the 253rd District, G.M., City of Nicholson, Jackson County, Georgia, being Lot 4, containing 0.825 acres, more or less, of Quiet Oaks Subdivision, as per plat of survey entitled “Final Plat for Quiet Oaks Subdivision” prepared by Venable & Associates, Inc., certified by Allen L. Venable, GRLS, dated April 20, 1999, and being recorded in Plat Book 54, Page 36, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
The above described property is also known as 69 Autumn Drive, Nicholson, GA 30565.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Ryan Kaul .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P. O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Ryan Kaul
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road,
Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC7,14,21,28B/119-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by HENRY AARON and HENRY MONICA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 3, 2004, in the amount of $162,720.00, and recorded in Deed Book 36-A, Page 541, 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 November, 2009, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 1765, Jackson County, Georgia, being Lot 10, Arbor Pointe, Phase II, on plat of said subdivision, recorded in Jackson County plat records at Plat Book 62, Pages 149-150, which plat is incorporated herein by reference for a more complete description.
which has the property address of 247 Arbor Trace, 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 Henry Aaron and Henry Monica 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 Henry Aaron and Henry Monica
Anthony DeMarlo, Attorney/pdrosario
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21482 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC7,14,21,28B/1325-50)
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