Jackson County Public Notices 12-30-09 pt 2

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 ADAN DIAZ and EDNA DIAZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $158,720.00 dated 06/02/2006, and recorded in Deed Book 44-D, Page 344, Jackson County Records, 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 January, 2010 by Mortgage Electronic Registration Systems, Inc. as nominee for U.S. Bank, N.A., as Attorney-in-Fact for Adan Diaz and Edna Diaz the following described property:
All that tract or parcel of land lying and being in GMD 245 of Jackson County, Georgia, being Lot 44 of Millstone Crossing Subdivision, as per plat thereof recorded in Plat Book 64, Page 278, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
Property known as: 228 Millstone Trail, Jefferson, GA 30549
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
U.S. Bank, N.A.
4801 Frederica Street
Owensboro, KY 42301
PHONE: 800-365-7772
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 Adan Diaz and Edna Diaz.
Mortgage Electronic Registration Systems, Inc. as nominee for U.S. Bank, N.A., as Attorney-in-fact for Adan Diaz and Edna Diaz.
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. 09-7739
(DC9,16,23,30B/242-50)

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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 EARL BOYETT and ROXANNE BOYETT to OPTION ONE MORTGAGE CORPORATION, dated May 11, 2001, in the amount of $64,800.00, and recorded in Deed Book 24-C, Page 146, Jackson County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association 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 January, 2010, 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 455th District, G.M. Jackson County, Georgia, being Lot No. 130, Section 2, of Pleasant Acres Subdivision, as per plat recorded in Plat Book 9, Page 200, Office of the Clerk of Superior Court of Jackson County, Georgia, said plat being incorporated herein by reference. For a more detailed description of said lot, reference is hereby made to said plat as recorded.
Bordered on the North by Lot 129; on the West by Lot 126; on the South by Lot 131; and on the East by Lot 114.
Also - 1978 Montebello 24x70. Serial No. # GDLCFL4571172AB
which has the property address of 74 Shady Lane Court, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Earl Boyett and Roxanne Boyett 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.
JPMorgan Chase Bank, National Association Attorney in Fact for Earl Boyett and Roxanne Boyett
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-22308 /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.
(DC9,16,23,30B/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 JOHN H. AUTRY to BENEFICIAL MORTGAGE CO. OF GEORGIA dated, August 28, 2006, in the amount of $81,267.81, and recorded in Deed Book 45-G, Page 96, Jackson County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia 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 January, 2010, 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 1704th District, G.M., Jackson County, Georgia, being designated as Lot # 13 Hunters Ridge, containing 2.027 acres, more or less, being more particularly described in Plat of Survey recorded in Plat Book 46, Page 93, Jackson County, Georgia Records. Said plat and the record thereof are incorporated herein by reference and made a part hereof this deed is given subject to all easements and restrictions of record, if any. Tax Map or Parcel ID No.: 006-045
which has the property address of 410 Hunters Ridge Rd, Nicholson, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of John H. Autry 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.
Beneficial Mortgage Co. of Georgia Attorney in Fact for John H. Autry
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-13811 /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.
(DC9,16,23,30B/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 BENNIE F. HAMMOND aka Estate of Bennie Hammond to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated January 9, 2003, in the amount of $63,829.00, and recorded in Deed Book 28-Y, Page 265, Jackson County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2010, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with all improvements thereon, containing 1.00 acre, more or less, situate, lying and being in the State of Georgia, Jackson County, 1704th District G.M., and being more particularly shown and described on a plat prepared by N.G. Prickett, and recorded in the Office of the Clerk of the Superior Court for Jackson County on December 2, 1961 in Plat Book 3, at Page 412, specific reference to which is hereby made for a more particular description of the property herein conveyed.
which has the property address of 153 Chandler Bridge Road, Nicholson, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Bennie F. Hammond aka Estate of Bennie Hammond and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Bennie F. Hammond aka Estate of Bennie Hammond
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-17542 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC9,16,23,30B/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 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 January, 2010, 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 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 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.
(DC9,16,23,30B/1325-50)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by LARRY MIDGETT and SIBYL MIDGETT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 4, 2006, in the amount of $98,200.00, and recorded in Deed Book 45-Y, Page 656, 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 January, 2010, 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:
Tax Id Number: J09-038 P
Land situated in the County of Jackson in the State of GA
All that tract or parcel of land, together with all improvements thereon, lying and being in the 245th District G.M., Jackson County, Georgia, and designated as Lot 126 of Peachtree Estates Subdivision, as shown by plat and survey of same recorded in The Office of the Clerk Superior Court of Jackson County, Georgia, in Plat Book 3, Page 470; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
Commonly known as: 73 Elberta Drive, Jefferson, GA 30459
which has the property address of 73 Elberta Drive, Jefferson, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Larry Midgett and Sibyl Midgett 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 Larry Midgett and Sibyl Midgett
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-25369 /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.
(DC9,16,23,30B/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 CHARLES PENDELL aka CHARLES A. PENDELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 24, 2007, in the amount of $204,500.00, and recorded in Deed Book 0049-T, Page 0169, 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 January, 2010, 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 G.M.D/1691 of Jackson County, Georgia, being 10.1 acres and more particularly described on Plat prepared by Owen Patton, Registered Surveyor, dated September 2, 1983 and recorded in Plat Book 20, Page 25, Jackson County, Georgia records, which Plat is incorporated here is by reference and made a part hereof.
Address: 1056 Sosbee Rd., Talmo, GA 30575
Tax Map or Parcel ID No.: 108-005E
which has the property address of 1056 Sosbee Rd., 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 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 Charles Pendell aka Charles A. Pendell 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 Charles Pendell aka Charles A. Pendell
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-07350 /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.
(DC9,16,23,30B/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 DARLENE M.H. SMITH and TERRY E. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 20, 2001, in the amount of $129,950.00, and recorded in Deed Book 2-2W, Page 210, Jackson County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association 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 January, 2010, 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 248th District, G.M., Jackson County, Georgia, being Lot 29, Unit Two, Walnut Ridge Subdivision, as shown on Subdivision Plat recorded in Plat Book 52, Page 204, Jackson County, Georgia Plat records, which Plat is incorporated herein and made a part hereof by reference.
which has the property address of 62 Wood Crest Lane, Hoschton, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Darlene M.H. Smith and Terry E. Smith and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Darlene M.H. Smith and Terry E. Smith
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-14036 /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.
(DC9,16,23,30B/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 CHARLES RAY CANTRELL to TAYLOR, BEAN, & WHITAKER MORTGAGE CORP., dated May 19, 2000, in the amount of $340,000.00, and recorded in Deed Book 21-Q, Page 611, Jackson County, Georgia Records as last transferred to DLJ MORTGAGE CAPITAL INC by assignment the undersigned, DLJ MORTGAGE CAPITAL 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 January, 2010, 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 1704, Jackson County, Georgia, as shown and delineated as 8.74 acres, more or less, on a plat of survey for Charles R. Cantrell and Glenda A. Cantrell by W.T. Dunahoo and Associates, dated June 29, 1998, which plat is recorded in Jackson Plat Records as Plat Book 52, Page 275, Jackson County Plat Records, which plat is incorporated herein by reference for a more complete description.
Also conveyed herewith is a perpetual ingress/egress and utility instillation and maintenance easement, as recorded herewith.
which has the property address of 3843 New Kings Bridge Road, Nicholson, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Charles Ray Cantrell 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.
DLJ MORTGAGE CAPITAL INC. Attorney in Fact for Charles Ray Cantrell
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-17713 /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.
(DC9,16,23,30B/1325-50)

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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia, County of Jackson
On November 27, 2007, JEFF STANLEY and JENNIFER STANLEY executed a Deed to Secure Debt With Power of Sale to HABERSHAM BANK securing a note of even date for NINETY-THREE THOUSAND AND 00/100 DOLLARS ($93,000.00), said security deed being recorded in Deed Book 50-X, Pages 442-447, Jackson County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Citizens Bank and Trust Company, Inc. there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Jackson County Courthouse door in Jackson County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in January, the same being January 5, 2010, the following described property:
All that tract or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, containing -.26 acre, more or less, as shown on survey and play entitled “Boundary Survey for Danny and Sherry Cowart”, made by Venable & Associates, Inc., dated December 7, 1989 and recorded in Plat Book 33, Page 108, in the Office of the Superior Court for Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Jeff Stanley and Jennifer Stanley and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jeff Stanley and Jennifer Stanley.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with Debtor is Habersham Bank, P.O. Box 1980, Cornelia, Georgia 30531, phone number 800-822-0316.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Habersham Bank.
Dated this 4th day of December, 2009.
Habersham Bank Attorney-in-fact for Jeff Stanley and Jennifer Stanley
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Habersham Bank
(DC9,16,23,30P4)

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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 CRYSTAL L. MEALOR and JOEY G. NICHOLS to HOMEBANC MORTGAGE CORPORATION, dated July 29, 2005, in the amount of $126,300.00, and recorded in Deed Book 40-I, Page 272, 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 January, 2010, 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 Minish GMD 255 District, Jackson County, Georgia, being shown as Lot (S) 74, Phase Four, Brentwood Estates as recorded at Plat Book 60, Page 111, Jackson County, Georgia Records, which said plat is incorporated herein and made a part hereof by reference.
which has the property address of 342 Oliver Ridge Drive, 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 Crystal L. Mealor and Joey G. Nichols 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 Crystal L. Mealor and Joey G. Nichols
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-26548 /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.
(DC9,16,23,30B/1325-50)

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Notice of Sale
Notice of Sale Under Power in Deed
to Secure Debt
State of Georgia, County of Jackson,
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JAMES CHARLES GLUTTING and SALISSA JAWAN GLUTTING to ABN AMRO MORTGAGE GROUP, INC. in the original principal amount of $250,150.00 dated 10/14/2004, and recorded in Deed Book 36-M, Page 273, Jackson County Records, 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 January, 2010 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for James Charles Glutting and Salissa Jawan Glutting the following described property:
All that tract or parcel of land lying and being in the 1765 GMD, Jackson County, Georgia, being Lot 15, Hunting Hills Subdivision, as per plat recorded in Plat Book 62, Page 183-187, in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, which plat is incorporated herein by reference and made a part of this description.
Property known as: 20 Beagle Court, Braselton, GA 30517
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the 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 James Charles Glutting and Salissa Jawan Glutting.
CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for James Charles Glutting and Salissa Jawan Glutting.
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. 09-6644
(DC9,16,23,30B/224-50)

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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 NADEZHDA KIOSA and SERGEY KIOSA to COMMUNITY BANK AND TRUST, dated December 12, 2007, and recorded in Deed Book 51-A, Page 212 (the “Deed”), Jackson County, Georgia Records, such Deed being given to secure obligations arising under: a Real Estate Note dated December 12, 2007, made by Grantor in the original principal amount of $150,000.00 (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 January, 2010, to wit: January 5, 2010, the following described property:
All that tract or parcel of land lying and being in the 248th District GMD, Jackson County, Georgia, and being Tract 1 consisting of 2.50 acres, more or less, Tract 2, consisting of 1.826 acres, more or less, Tract 3, consisting of 2.00 acres, more or less, and Tract 4, consisting of 0.700 acres, more or less, according to a plat recorded in Plat Book 70, Page 170, Jackson County Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein.
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 the 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 undersigned’s knowledge, information and belief, Grantor is in possession of but does not occupy the property which is known as Tracts 1,2,3 & 4, Walnut Road, Hoschton, GA 30548.
Community Bank & Trust as Attorney in Fact for Nadezhda Kiosa and Sergey Kiosa.
Vince Fitzgerald
629 Dawsonville Highway
Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTAMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC9,16,23,30P4)

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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, January 5, 2010, 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 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, 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.
(DC9,16,23,30P4)

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Notice of Sale
Notice of Foreclosure Under Deed
to Secure Debt with Power of Sale
State of Georgia, County of Jackson
Because of default in the payment of indebtedness evidenced by a Promissory Note dated DECEMBER 30, 2008, in the original principal sum of $3,534,716.00 (being a renewal note of Note dated MARCH 1, 2005), said Note being secured by a Deed to Secure Debt executed by BRYCELAND MANOR DEVELOPMENT, LLC, as Grantor to GWINNETT COMMUNITY BANK, as Grantee, dated MARCH 1, 2005, filed for record MARCH 10, 2005 at 11:22 a.m. and recorded at Deed Book 37-Z, Pages 501-504, in the Office of the Clerk of Superior Court of JACKSON County, Georgia, and because of said default in the payment of the indebtedness evidenced by the Promissory Note dated DECEMBER 30, 2008, and by virtue of the fact that said Note fully matured and became fully due and payable on JUNE 30, 2009, and by virtue of the fact that BRYCELAND MANOR DEVELOPMENT, LLC failed to pay the principal and interest due on said Note when said Note matured and became fully due and payable, GWINNETT COMMUNITY BANK has determined to exercise its rights of foreclosure, pursuant to the provisions of the Deed to Secure Debt referred to hereinabove.
GWINETT COMMUNITY BANK will, pursuant to the power of sale contained in said Deed to Secure Debt, sell at public outcry on the first Tuesday in JANUARY, 2009, during the legal hours of sale before the Courthouse door in JACKSON County, Georgia to the highest and best bidder for cash the property described in said Deed to Secure Debt, to-wit:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 245th GMD, Jackson County, Georgia, being 66.865 acres, more or less, and being more particularly described and delineated within a plat and survey filed March 2, 2004 and recorded in Plat Book 62, Page 200, Jackson County, Georgia Records, which plat is incorporated herein by reference for a more complete description.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code.
Notice has been given as required by law of the intention to enforce provisions for the collection of attorney’s fees and costs of foreclosure in accordance with legal requirements and the terms of the above Note and Deed to Secure Debt securing said Note.
Said property will be sold as the property of BRYCELAND MANOR DEVELOPMENT, LLC. The proceeds of said sale will be used to pay the expenses of said sale, including attorney fees and to pay the sum secured by said Deed to Secure Debt with the excess, if any, to be paid to such other persons entitled to the same as provided by law.
This is a commercial acquisition and development loan not intended as the residence of the Borrower.
To the best of the knowledge of the undersigned, the party in possession of the property is BRYCELAND MANOR DEVELOPMENT, LLC.
The undersigned, as Attorney in Fact for BRYCELAND MANOR DEVELOPMENT, LLC will execute a deed to the purchaser at said sale as provided in the aforesaid Deed to Secure Debt.
GWINNETT COMMUNITY BANK, as Attorney in Fact for BRYCELAND MANOR DEVELOPMENT, LLC
By: W. PAUL KESMODEL, JR. as Attorney for GWINNETT COMMUNITY BANK
W. Paul Kesmodel, Jr., P.C.
Attorney at Law
Post Office Box 2050
Duluth, Georgia 30096
770-476-5268 (Phone)
770-497-9416 (Fax)
File: 16795
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC9,16,23,30P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of a Power of Sale contained in that certain Mortgage from RAYMOND J. DALTON III to 21ST MORTGAGE CORPORATION, dated March 16, 2007, and recorded in Deed Book 48-I, Page 3, in the Office of the Clerk of Superior Court of Jackson County, Georgia, said Mortgage having been given to secure a Note dated, March 16, 2007, in the original principal amount of SEVENTY SIX THOUSAND SIX HUNDRED SEVENTY AND 12/100 DOLLARS ($76,670.12) with interest thereon as provided therein, 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 of January 2010, regarding the following described property:
All that tract or parcel of land lying and being in the 465th (Wilson) District, G.M., Jackson County, Georgia and being shown and delineated on a plat prepared by Dwight Kilby, Georgia Registered Land Surveyor, dated July 9, 1981, said tract containing 2.26 acres, more or less, said plat being recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 18, Page 122, which plat is incorporated herein by reference and made a part of this description.
Said property is commonly known as 1530 Unity Church Circle, Maysville, GA 30558.
The indebtedness secured by said Mortgage has been and is hereby declared due because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Raymond J. Dalton III or tenant(s).
21st Mortgage Corporation
as Attorney-in-Fact for Raymond J. Dalton
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC9,16,23,30P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from HAMILTON HOMES, LLC, a Georgia limited liability company (“Grantor”), to AMERIS BANK, SUCCESSOR IN INTERST TO THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR AMERICAN UNITED BANK (“Grantee”), recorded February 14, 2005 in Deed Book 37-R, Page 672, Jackson County, Georgia Superior Court Records, as modified by that certain Modification of Security Deed, recorded March 2, 2007 in Deed Book 47-S, Page 194, aforesaid records, as further modified by that certain Modification of Security Deed, recorded February 19, 2008, in Deed Book 51-N, Page 338, aforesaid records (said Deed to Secure Debt and Security Agreement as may have been further modified, amended and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the payment of a Real Estate Note dated February 11, 2005, made by Grantor to the order of Grantee in the original principal amount of FIVE HUNDRED FIFTY-FIVE THOUSAND SIX HUNDRED SIXTY AND 00/100 DOLLARS ($555,660.00), with interest from the date thereof at the rate specified therein, (said Real Estate Note, as renewed, modified and assigned from time to time, hereinafter referred to collectively as the “Note”), as subsequently modified to $245,493.04, together with all other amounts payable by Grantor to Grantee, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday of January, 2010, the following described property, to-wit:
All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference;
TOGETHER, with all buildings, structures and other improvements located on the property hereinbefore described, or any part and parcel thereof; and
TOGETHER, with all rights, title and interest of Grantor in and to the minerals, flowers, shrubs, crops, trees, timber and other emblements on said property or above the same or any part of parcel thereof; and
TOGETHER, with all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging or in any wise appertaining, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same and of, in and to every part and parcel thereof; and
TOGETHER, with all machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said property and including all trade, domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment’), located in, upon or under said property or any part thereof and used or usable in connection with any present or future operation of said property, including, but without limiting the generality of the foregoing, all heating, air-conditioning, freezing, lighting, laundry, and incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings in commercial, institutional and industrial buildings; together with all building materials and equipment on the premises; together with all additions thereto and replacements thereof; and
TOGETHER, with any and all rents which are due by reason of the renting, leasing and bailment of property improvements thereon and Equipment; and
TOGETHER, with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the premises, to the extent of all amounts which may be secured by the Security Deed at the date of receipt of any such award or payment by Grantee and of the reasonable attorney’s fees, costs and disbursements incurred by Grantee in connection with the collection of such award or payment.
All the aforesaid property rights, contract rights, land, Equipment and claims and all real estate described above and on Exhibit “A” attached hereto shall hereinafter collectively be referred to as “Premises”.
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed including, but not limited, to the failure to make payments thereunder when due. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
Grantee reserves the right to sell the Premises in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of Grantee’s knowledge and belief, the parties in possession of the Premises are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Premises will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee.
AMERIS BANK, SUCCESSOR IN INTEREST TO THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR AMERICAN UNITED BANK, ATTORNEY-IN-FACT FOR HAMILTON HOMES, LLC.
Taylor English Duma LLP
1600 Parkwood Circle,
Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
All that tract or parcel of land lying in Georgia Militia Districts 1691 and 428, Jackson County, Georgia and being more particularly described as follows.
Commence at the intersection of Love Road and Old State Road, 80 foot right-of-way, and proceed North 74 degrees 53 minutes 29 seconds West for a distance of 78.80 feet to a point. Said point being, the Point of Beginning. THENCE along the right-of-way of Old State Road, South 44 degrees 36 minutes 19 seconds East for a distance of 50.73 feet to a point; THENCE along the arc of a curve having a radius of 1335.18 feet and a length of 503.17 feet, said arc being subtended by a chord having a bearing of South 33 degrees 26 minutes 27 seconds East and a distance of 500.20 feet to a point; THENCE South 23 degrees 45 minutes 38 seconds East for a distance of 222.79 feet to a point; THENCE along the arc of a curve having a radius of 6275.62 feet and a length of 81.49 feet, said arc being subtended by a chord having a bearing of South 24 degrees 06 minutes 32 seconds East for a distance of 81.49 feet to a point; THENCE South 24 degrees 58 minutes 46 seconds East for a distance of 59.90 feet to a point; THENCE South 63 degrees 03 minutes 23 seconds West for a distance of 9.05 feet to a point; THENCE South 63 degrees 03 minutes 23 seconds West for a distance of 367.08 feet to a point; THENCE South 23 degrees 13 minutes 10 seconds East for a distance of 424.67 feet to a point; THENCE South 71 degrees 44 minutes 00 seconds West for a distance of 1004.89 feet to a point; THENCE South 28 degrees 30 minutes 32 seconds East for a distance of 234.49 feet to a point; THENCE South 18 degrees 57 minutes 54 seconds West for a distance of 319.29 feet to a point; THENCE South 18 degrees 57 minutes 54 seconds West 86.91 feet to a point in the centerline of Allen Creek; THENCE along centerline of Allen Creek the following five calls: North 48 degrees 44 minutes 05 seconds West for a distance of 104.09 feet to a point; THENCE North 36 degrees 50 minutes 47 seconds West for a distance of 49.99 feet to a point; THENCE North 23 degrees 03 minutes 59 seconds West for a distance of 105.66 feet to a point; THENCE North 73 degrees 50 minutes 46 seconds West for a distance of 77.85 feet to a point; THENCE South 76 degrees 12 minutes 28 seconds West for a distance of 89.71 feet to a point; Proceed leaving said creek, North 04 degrees 18 minutes 23 seconds East for a distance of 19.39 feet to a point; North 04 degrees 18 minutes 23 seconds East for a distance of 221.18 feet to a point; THENCE North 24 degrees 52 minutes 18 seconds East for a distance of 474.82 feet to a point in the centerline of a creek; THENCE in a Northerly direction along creek for a distance of 1,121.02 feet. Thence leaving said creek North 64 degrees 19 minutes 00 seconds East for a distance of 23.70 feet to a point; THENCE North 64 degrees 19 minutes 00 seconds East for a distance of 913.73 feet to the Point of Beginning.
Said tract or parcel of land contains 38.612 acres, as shown on Boundary Survey for O.L. Jollay, Sr., dated 12-27-02 by Venable & Associates, Inc., as certified by Allen L. Venable, Jr., GA R.L.S. No. 1761.
Being the same property conveyed by O.L. Jollay, Inc. to O.L. Jollay per Warranty Deed dated 10-12-72, recorded 9-21-73 in Deed Book 6H, Page 26, Jackson County, Georgia Records. LESS AND EXCEPT land conveyed by the following:
(a) Warranty Deed from O.L. Jollay to Continental Grain Company, dated 8-31-92, recorded 9-4-92 in Deed Book 12P, Page 144; and
(b) Rural Post Roads Right of Way Deed from O.L. Jollay, dated 1-28-73, recorded 5-29-73 in Deed Book 6E, Page 285, Jackson County, Georgia Records.
(DC9,16,23,30P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale contained in a Security Deed from POLINA A. TOLOKOVOY, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 19, 2008, and recorded in Deed Book 0052-T, Pages 0089-0109, and last transferred and assigned to Branch Banking and Trust Company (“BB&T”)by assignment to be recorded, Jackson County, Georgia records, there will be sold at public outcry for cash to the highest bidder before the Courthouse doors of said county during the legal hours of sale on the first Tuesday in January, 2010, by BB&T, as Attorney-in-Fact for Polina A. Tolokovoy, the following described property, to-wit:
All that tract or parcel of land lying and being in the 248th District, GMD of Jackson County, Georgia, being Lot 106, Pod Q, Traditions of Braselton Subdivision, Phase 2, as per plat thereof recorded in Plat Book 66, Pages 48-53, Jackson County, Georgia records. Said plat is incorporated herein by reference for a more complete description of subject property and for all other legal purposes.
Subject to any and all easements, rights of ways, restrictive or protective covenants and public utilities of record.
The indebtedness secured by said Security Deed having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of the sale, including attorney’s fees, notice of intention to collect attorney’s fees having been given as provided by law. Gloria Smith, phone number 864-242-8990, Chasity Cox, phone number 864-242-8416 and Natasha Edwards, phone number 864-242-8612, are the names of the individuals at BB&T who have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and their address is BB&T, 301 College Street, Greenville, South Carolina 29601.
The property will be sold as the property of Polina A. Tolokovoy subject to the following: (1) all prior restrictive covenants, easements, right-of-ways, or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) all outstanding taxes, assessments, unpaid bills, charges and expenses that constitute liens against the property, whether due and payable or not yet due and payable, and matters of record superior to the Security Deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Polina A. Tolokovoy, a tenant or tenants, or parties claiming under the aforementioned and said property is more commonly known as Lot 106 of Traditions, Pod Q, 3886 Bentgrass Lane, Jefferson, Georgia 30549.
Branch Banking & Trust Co. as Attorney in Fact for Polina A. Tolokovoy
Gregory M. Eells
Attorney at Law
Eells Law Group, LLC
Suite 181 -
The Oglethorpe Bldg.