Jackson County Public Notices 01-20-10 pt 3

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 CATHY HIX to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 15, 2002, recorded in Deed Book 27-K, Page 199, Jackson County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($76,800.00), 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 February, 2010, 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 attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Cathy Hix or a tenant or tenants and said property is more commonly known as 19 Blacks Creek Church Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, NA as Attorney in Fact for Cathy Hix McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dyr 2/2/10 Our file no. 52069906-FT12
EXHIBIT “A”
All that tract or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, located about 1 mile Southeast of Commerce, Georgia, on Commerce-Danielsville Road and known as a part of the Jesse Lord Place, being bounded on North by lends of Maxwell on East by lands of J. Hardman, on South by Commerce-Danielsville Highway and lands of J. Hardman, on West by lands of Maxwell, described as follows; Beginning at an iron pin on Commerce-Danielsville Highway in the Southwest corner of this tract where said tract corners with Maxwell lands, thence N 13 deg. 30 min. W 12.20 chains to an iron pin; thence N. 32 deg. 00 Min. East 8.80 chains to an iron pin; thence S. 28 deg. & 30 min E. 5.26 chains to rock; thence S. 50 deg. & 30 min W. 5.90 chains to an iron pin; S. 44 deg. & 00 min. E. 12.97 chains of beginning corner, containing nine & 14/100 (9.14) acres, more or less, according to survey and plat made by H.C. Prickett, August, 1933. This being the same land deeded by Roy D. Smallwood to Everett Gibson on February 10, 1955, and recorded in the Office of the Clerk of the Court of Jackson County, Georgia, in Book 3-V, Folio 493, on February 11, 1955, reference being expressly made to said recorded deed as a part of the description hereof. This is the land deeded to W.J. Eubanks by Everett Gibson on March 2, 1957, by Warranty Deed, the same being recorded in Book 3-Z, Page 252, in the Office of the Clerk of the Jackson County Court. MR/dyr 2/2/10 Our file no. 52069906 - FT12
(JA6,13,20,27B/12062-80T1P)

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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 PERRY L. MURPHY to SUNTRUST MORTGAGE, INC., dated June 19, 2003, recorded in Deed Book 30-T, Page 83, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY THOUSAND AND 0/100 DOLLARS ($90,000.00), 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 February, 2010, 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 attorney’s fees (notice of intent to collect attorney’s 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 Perry L. Murphy or a tenant or tenants and said property is more commonly known as 194 Berryhill Lane, Hoschton, Georgia 30548. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. SunTrust Mortgage, Inc. as Attorney in Fact for Perry L. Murphy McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cdh 2/2/10 Our file no. 53905509-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 248th District, G.M., Jackson County, Georgia designated as Lot 12 of Berry Hill Estates Subdivision as shown by plat and survey entitled “Final Plat for: Berry Hill Estates”, prepared by Cornerstone Land Surveying, certified by James R. Smith, GRLS No. 2407, dated February 8, 2002 as recorded in Plat Book 59, Page 90, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property. MR/cdh 2/2/10 Our file no. 53905509 - FT2
(JA6,13,20,27B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by BILLY HAYDEN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2007, recorded in Deed Book 0049-Z, Page 0620, 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 ONE HUNDRED SEVEN THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($107,600.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in February, 2010, 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 attorney’s fees (notice of intent to collect attorney’s 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 Billy Hayden or a tenant or tenants and said property is more commonly known as 858 Johnson Mill Road, 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 Billy Hayden McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cdh 2/2/10 Our file no. 53883709-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th G.M. District, Jackson County, Georgia, containing 1.00 acres, more or less as per plat thereof recorded in Plat Book 14, Page 69, in the Office of the Clerk of the Superior Court for Jackson County, Georgia, which recorded plat is incorporated herein by reference and made a part of this description. MR/cdh 2/2/10 Our file no. 53883709 - FT2
(JA6,13,20,27B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DONALD L. BOWERS and SARAH A. BOWERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 12, 2005, recorded in Deed Book 38-W, Page 303, 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 ONE HUNDRED TWO THOUSAND FIVE HUNDRED EIGHTY-NINE AND 0/100 DOLLARS ($102,589.00), 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 February, 2010, 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 attorney’s fees (notice of intent to collect attorney’s 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 Donald L. Bowers and Sarah A. Bowers or a tenant or tenants and said property is more commonly known as 894 Clayton Street, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. SunTrust Mortgage, Inc. as Attorney in Fact for Donald L. Bowers and Sarah A. Bowers McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cdh 2/2/10 Our file no. 53907009-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Commerce, 255 G.M.D., Jackson County, Georgia, designated as Lot 12, containing 0.265 acre, more or less, of Piedmont Place Subdivision, Phase I, as shown by plat and survey entitled “Boundary Survey for Daniel W. Venable and Kathleen M. Venable”, dated July 20, 1999, prepared by Venable & Associates, Inc., Allen L. Venable, GA R.L.S. No. 1761, recorded in Plat Book 55, at Page 142, Jackson County, Georgia Records and incorporated herein. The residence situated upon said tract of land is known as 894 Clayton Street according to the present system of numbering houses in Jackson County, Georgia. MR/cdh 2/2/10 Our file no. 53907009 - FT2
(JA6,13,20,27B/12062-70T1P)

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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 PHILIP C. WALDRON and DONNA D. WALDRON, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 22, 2006, and recorded in Deed Book 42-W, Pages 748-770, Jackson County, Georgia records, and last transferred and assigned to Branch Banking and Trust Company (“BB&T”) by assignment recorded in Deed Book 56R, Page 746, aforesaid 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 February, 2010, by BB&T, as Attorney-in-Fact for Philip C. Waldron and Donna D. Waldron, the following described property, to-wit:
All that tract or parcel of land together with all improvements thereon, situate, lying and being in the 245th G.M. District, Jackson County, Georgia, being Lot 7 of The Cloisters at Wood Farm Subdivision as per plat thereof recorded in Plat Book 62, Page 121, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
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 Philip C. Waldron and Donna D. Waldron 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 Philip C. Waldron and Donna D. Waldron, a tenant or tenants, or parties claiming under the aforementioned and said property is more commonly known as 106 Jason Pond Way, Jefferson, Georgia 30549.
Branch Banking & Trust Co. as Attorney in Fact for Philip C. Waldron and Donna D. Waldron
Gregory M. Eells
Attorney at Law
Eells Law Group, LLC
Suite 181 - The Oglethorpe Bldg.
2971 Flowers Road South
Atlanta, Georgia 30341
(770) 455-3660
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, THIS IS NOT FOR ANY PURPOSE PROHIBITED BY TITLE 11, USCS AS AMENDED.
(JA6,13,20,27P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Under and by virtue of the Power of Sale in a certain Deed to Secure Debt from COMMERCE 441, LLC, Grantor, to GEORGIAN BANK, a Georgia Banking Corporation, Grantee, dated OCTOBER 31, 2005; recorded in Deed Book 41-M, Page(s) 50 and as may have been subsequently modified and as Assigned to FIRST CITIZENS BANK AND TRUST COMPANY, INC. from Federal Deposit Insurance Corporation as receiver for Georgian Bank as recorded in Jackson County, Georgia records; said Deed to Secure Debt having been given to secure a Note dated OCTOBER 31, 2005, in the original principal amount of Ten Million Five Hundred Twenty Thousand and 00/100 DOLLARS ($10,520,000.00), with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door of JACKSON County, Georgia, during the legal hours of sale on the first Tuesday in FEBRUARY, 2010, the following described property to wit:
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot G.M.D. 255 of Jackson County, Georgia and being more particularly described as follows:
BEGINNING at a point at the easterly end of the mitered intersection of the southwesterly right-of-way line of Highway 441 Bypass (Variable R/W) with the southeasterly right-of-way line of Highway 441 (60” R//W), thence along said right-of-way line of Highway 441 Bypass 1,175.34 feet along an arc of a curve to the right, said curve having a radius of 3,669.72 feet and a chord bearing and distance of South 13 degrees 33 minutes 28 seconds East 1,170.32 feet to a monument found; thence South 04 degrees 22 minutes 56 seconds East a distance of 851.12 feet to a monument found; thence South 00 degrees 06 minutes 50 seconds West a distance of 318.91 feet to a monument found; thence South 07 degrees 59 minutes 52 seconds East a distance of 503.83 feet to a monument found; thence South 18 degrees 25 minutes 52 seconds East a distance of 313.68 feet to a monument found; thence 220.21 feet along an arc of a curve to the left, said curve having a radius of 3,969.72 feet and a chord bearing and distance of South 17 degrees 42 minutes 10 seconds East 220.18 feet to an iron pin found; thence 616.74 feet along an arc of a curve to the left, said curve having a radius of 3,969.72 feet and a chord bearing and distance of South 23 degrees 44 minutes 34 seconds East 616.12 feet to a point; thence South 28 degrees 11 minutes 36 seconds East a distance of 93.69 feet to a point; thence South 28 degrees 11 minutes 36 seconds East a distance of 141.76 feet to a point; thence South 28 degrees 11 minutes 36 seconds East a distance of 397.50 feet to an iron pin found; thence South 28 degrees 11 minutes 36 seconds East a distance of 980.43 feet to an iron pin found; thence leaving said right-of-way line of Highway 441 Bypass North 61 degrees 01 minutes 06 seconds West a distance of 641.89 feet to an iron pin found; thence South 52 degrees 42 minutes 02 seconds West a distance of 297.09 feet to an iron pin found; thence North 77 degrees 24 minutes 23 seconds West a distance of 32.86 feet to an iron pin found; thence South 44 degrees 56 minutes 34 seconds West a distance of 260.01 feet to a fencepost; thence North 47 degrees 45 minutes 39 seconds West a distance of 619.92 feet to a 1” open top pipe found; thence South 45 degrees 40 minutes 53 seconds West a distance of 1,629.51 feet to a point; thence South 53 degrees 26 minutes 02 seconds West a distance of 128.19 feet to a point; thence South 48 degrees 07 minutes 02 seconds West a distance of 103.56 feet to a point; thence South 39 degrees 49 minutes 25 seconds West a distance of 205.52 feet to an iron pin found; thence North 53 degrees 34 minutes 19 seconds West a distance of 101.31 feet to a 1/2” open top pipe found; thence North 45 degrees 42 minutes 08 seconds East a distance of 607.49 feet to a 1/2” open top pipe found; thence North 67 degrees 02 minutes 40 seconds West a distance of 1,394.26 feet to an iron pin found; thence South 35 degrees 39 minutes 49 seconds West a distance of 200.02 feet to an iron pin found; thence North 54 degrees 20 minutes 41 seconds West a distance of 349.11 feet to a 1/2” crimp top pipe found on said southeasterly right-of- way line of Highway 441; thence along said right-of-way line North 35 degrees 25 minutes 45 seconds East a distance of 255.71 feet to a point; thence 65.31 feet along an arc of a curve to the left, said curve having a radius of 3,679.72 feet and a chord bearing and distance of North 34 degrees 52 minutes 11 seconds East 65.31 feet to a point; thence North 33 degrees 11 minutes 09 seconds East a distance of 150.96 feet to a point; thence 159.90 feet along an arc of a curve to the left, said curve having a radius of 3,679.72 feet and a chord bearing and distance of North 30 degrees 45 minutes 57 seconds East 159.89 feet to a point; thence leaving said right-of-way line North 89 degrees 25 minutes 14 seconds East a distance of 92.09 feet to a point; thence North 68 degrees 10 minutes 28 seconds East a distance of 222.00 feet to a point; thence North 62 degrees 07 minutes 02 seconds East a distance of 124.43 feet to a point; thence North 64 degrees 17 minutes 06 seconds West a distance of 298.66 feet to a point on said right-of-way line of Highway 441; thence along said right-of-way line 104.54 feet along an arc of a curve to the left, said curve having a radius of 3,679.72 feet and a chord bearing and distance of North 23 degrees 57 minutes 33 seconds East 104.54 feet to a point; thence 1,079.56 feet along an arc of a curve to the right, said curve having a radius of 13,071.59 feet and a chord bearing and distance of North 25 degrees 59 minutes 29 seconds East 1,079.25 feet to a point; thence North 28 degrees 24 minutes 18 seconds East a distance of 337.97 feet to a point; thence North 28 degrees 24 minutes 18 seconds East a distance of 118.83 feet to a point; thence 952.61 feet along an arc of a curve to the left, said curve having a radius of 2,208.23 feet and a chord bearing and distance of North 16 degrees 39 minutes 57 seconds East 945.24 feet to a point; thence North 06 degrees 11 minutes 19 seconds East a distance of 350.13 feet to a point; thence 695.60 feet along an arc of a curve to the right, said curve having a radius of 1,144.04 feet and a chord bearing and distance of North 24 degrees 54 minutes 19 seconds East 684.94 feet to a point; thence North 40 degrees 48 minutes 05 seconds East a distance of 621.94 feet to a point; thence 586.11 feet along an arc of a curve to the left, said curve having a radius of 1,177.40 feet and a chord bearing and distance of North 27 degrees 48 minutes 08 seconds East 580.08 feet to a point; thence North 13 degrees 32 minutes 28 seconds East a distance of 241.57 feet to a point at the easterly end of the mitered intersection of said southwesterly right-of-way line of Highway 441 Bypass with said southeasterly right-of-way line of Highway 441; thence along said miter South 67 degrees 39 minutes 48 seconds East a distance of 130.29 feet to a point; thence South 67 degrees 39 minutes 48 seconds East a distance of 24.35 feet to a point and the POINT OF BEGINNING.
TOGETHER WITH
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot G.M.D. 255 of Jackson County, Georgia and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, commence from a point at the easterly end of the mitered intersection of the southwesterly right-of-way line of Highway 441 Bypass (Variable R/W) with the southeasterly right-of-way line of Highway 441 (60” R/W), thence along said right-of-way line of Highway 441 Bypass 1,175.34 feet along an arc of a curve to the right, said curve having a radius of 3,669.72 feet and a chord bearing and distance of South 13 degrees 33 minutes 28 seconds East 1,170.32 feet to a monument found; thence South 04 degrees 22 minutes 56 seconds East a distance of 851.12 feet to a monument found; thence South 00 degrees 06 minutes 50 seconds West a distance of 318.91 feet to a monument found; thence South 07 degrees 59 minutes 52 seconds East a distance of 503.83 feet to a monument found; thence South 18 degrees 25 minutes 52 seconds East a distance of 313.68 feet to a monument found; thence crossing said right-of-way of Highway 441 Bypass North 79 degrees 36 minutes 26 seconds East a distance of 301.52 feet to an iron pin found on the northeasterly right-of-way line of Highway 441 Bypass and the TRUE POINT OF BEGINNING, from the TRUE POINT OF BEGINNING as thus established, thence leaving said right-of-way line North 63 degrees 23 minutes 24 seconds East a distance of 83.68 feet to a point; thence North 67 degrees 01 minutes 13 seconds East a distance of 193.90 feet to a point; thence North 69 degrees 09 minutes 06 seconds East a distance of 197.18 feet to a point; thence North 75 degrees 47 minutes 26 seconds East a distance of 184.79 feet to a point; thence North 70 degrees 11 minutes 30 seconds East a distance of 69.78 feet to a 2” open top pipe found; thence South 81 degrees 23 minutes 27 seconds East a distance of 271.82 feet to a 1” angle iron found; thence South 30 degrees 32 minutes 47 seconds East a distance of 389.93 feet to a 2” open top pipe found; thence South 54 degrees 22 minutes 16 seconds West a distance of 856.83 feet to a 2” open top pipe found; thence South 10 degrees 07 minutes 39 seconds West a distance of 232.82 feet to an iron pin found on said right-of-way line of Highway 441 Bypass; thence along said right-of-way line North 38 degrees 02 minutes 21 seconds West a distance of 210.62 feet to a monument found; thence 743.58 feet along an arc of a curve to the right, said curve having a radius of 3,669.72 feet and a chord bearing and distance of North 22 degrees 20 minutes 26 seconds West 742.31 feet to an iron pin found and the TRUE POINT OF BEGINNING.
Said tracts containing 266.2 acres and being Tracts 1, 2, 3A & 3B as shown on that certain Boundary Survey for Chatham Holdings by Armstrong Land Surveying, Inc dated July 28, 2004, last revised December 6, 2004.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of, among other possible events of default, failure to pay the indebtedness as and when due and pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note.
To the best of the undersigned’s knowledge and belief the party in possession of the property is COMMERCE 441, LLC, or a tenant or tenants thereof, and said property is more commonly known as follows:
266.2 ACRES HWY 441,
Said property will be sold as the property of COMMERCE 441, LLC, 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, as provided in said Deed, and the balance, if any, will be distributed as provided by law. Said property will be sold subject to the following items which may affect the title to said property: All restrictive covenants, easement and right-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property (including taxes which are a lien but not yet due and payable); all outstanding or unpaid bills and assessments which may be liens upon said property and any and all matters of record superior to the Security Deed mentioned herein.
FIRST CITIZENS BANK AND TRUST COMPANY, INC. as Attorney-in-Fact for COMMERCE 441, LLC
NEEL & ROBINSON
Attorneys At Law, LLC.
Pamela S. Robinson, Esq.
5555 Glenridge Connector
Ste. 400
Atlanta, Georgia 30342
(404) 459-9600
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JH6,13,20,27P4)

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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 WILLIAM LACOSTE and LINDA LACOSTE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for WILMINGTON FINANCE INC., dated June 29, 2007, and filed for record July 5, 2007, in Deed Book 6100, Page 525, Hall County, Georgia Records, and also being recorded November 9, 2009, in Deed Book 56O, Page 34, Jackson County, Georgia Records, and securing a Note in the original principal amount of $191,200.00; last transferred to MorEquity, Inc. by Assignment filed for record October 28, 2009, in Deed Book 6624, Page 780, Hall County, Georgia Records, said assignment also being recorded in Deed Book 56Q, Page 38, Jackson County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of HALL County, Georgia, between the legal hours of sale on the first Tuesday in February, 2010, by MorEquity, Inc. as Attorney-in-Fact for William Lacoste and Linda Lacoste the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in GMD 385, Hall County, Georgia, and GMD 1765, Jackson County, Georgia; and being Lot 27, White Horse Subdivision, as per plat of subdivision recorded in Plat Slide 838, Pages 154-168, Hall County, Georgia Records; and in Plat Book 62, Pages 153-167, Jackson County, Georgia Records; said plat being incorporated herein and made a part hereof by reference. ALSO CONVEYED herein for each lot conveyed above is an undivided one one-hundred thirtieth (1/130th) interest in the “open space” area shown on said subdivision plat.
NOTE: THAT CERTAIN security deed recorded at Deed Book 39G, Page 359, Jackson County, Georgia Records is satisfied at Deed Book 6165, Page 292, Hall County, Georgia Records.
The above described property is also known as 4430 Caney Fork Circle, Braselton, GA 30517.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by William Lacoste and Linda Lacoste.
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:
MorEquity, Inc.
Attn: Loss Mitigation Dept.
7116 Eagle Crest Boulevard
Evansville, GA 47715
Telephone number: 1-800-628-9324
The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require MorEquity, Inc. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
MorEquity, Inc. as Attorney-in-Fact for William Lacoste and Linda Lacoste
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.
(JA6,13,20,27B/119-60)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the power of sale contained in deed to secure debt given by DONNA HUTSON to MARK EDWARD BENNETT, dated April 1, 2005, filed July 19, 2005 and recorded in Deed Book 39-T, at Page 455, Jackson County, Georgia Records, 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 February, 2010, the following described property:
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia, designated as Tract 2 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 58, at Page 74, TOGETHER WITH a 20’ ingress-egress easement from Whitney Road along the easterly boundary of Tract 1 to the above referenced tract. For a more detailed description to said tract and easement, reference is hereby made to said plat as recorded. Subject to all existing easements and rights of way for public roads and utilities now is use.
Said deed to secure debt having been given to secure a note of even date in the original principal amount of $ 28,500.00 with interest from date at the rate as specified therein.
The debt secured by said deed to secure debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the note and deed to secure debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the deed to secure debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the security deed first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
DAVIDSON, HOPKINS & ALEXANDER, P.C., as Attorneys in Fact for MARK EDWARD BENNETT
Ronald K. Hopkins
Davidson, Hopkins & Alexander, P.C.
P. O. Drawer 429
Jefferson, Georgia 30549
(JA6,13,20,27B/251-50)

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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 JEREMY R. LESTER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 19, 2005, in the amount of $109,325.00, and recorded in Deed Book 3-W, Page 502, 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 February, 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 257th GMD of Jackson County, Georgia, being Lot 4, Spratlin Estates, per Plat Book 60, Pages 189-191, Jackson County, Georgia records, which is referred to and made a part of this description.
which has the property address of 95 Spratlin 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 Jeremy R. Lester 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 Jeremy R. Lester
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-28594 /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.
(JA6,13,20,27B/1325-50)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the power of sale contained in the Commercial Deed to Secure Debt, Security Agreement and Assignment of Rents and Leases by and between DUNHILL DEVELOPERS, LLC (“Borrower”) to COBB COMMERCIAL BANK, A DIVISION OF COMMUNITY BANK OF WEST GEORGIA by and through its receiver the FEDERAL DEPOSIT INSURANCE CORPORATION (“Lender”), recorded January 9, 2008, in Deed Book 0051-E, Page 0587 of the Jackson County records, as subsequently modified, conveying the realty described on Exhibit “A” attached hereto as collateral for the debt in the original principal amount of $1,885,000.00, together with all late fees and interest from dates of execution at the rates provided therein on the unpaid balance; 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 February, 2010 the realty located in Georgia Militia District 1765, Jackson County, Georgia, being more completely described as follows:
EXHIBIT A
All that tract or parcel of land lying and being in Georgia Militia District 1765, Jackson County, Georgia, and being more particularly described as follows:
Commence at the intersection of the northerly right of way of Georgia Highway 53 (80 foot right of way) and the right of way of Curk Roberts Road; proceed thence along the northerly right of way of said Georgia Highway 53, in an easterly direction 2,112 feet to an iron pin on the northerly right of way of said Georgia Highway 53, said point being the Point of Beginning; proceed thence, leaving the northerly right of way of said Georgia Highway 53, North 42 degrees 32 minutes 41 seconds East a distance of 226.77 feet to an iron pin; thence North 74 degrees 46 minutes 33 seconds West a distance of 238.78 feet to an iron pin; thence North 56 degrees 26 minutes 58 seconds East a distance of 213.95 feet to an iron pin; thence North 17 degrees 17 minutes 55 seconds West a distance of 577.68 feet to an iron pin; thence North 64 degrees 01 minutes 15 seconds East a distance of 488.62 feet to an iron pin; thence South 58 degrees 27 minutes 17 seconds East a distance of 136.15 feet to an iron pin; thence South 05 degrees 34 minutes 04 seconds West a distance of 860.83 feet to an iron pin; thence South 22 degrees 39 minutes 33 seconds West a distance of 293.14 feet to an iron pin on the northerly right of way of said Georgia Highway 53; thence along the northerly right of way of said Georgia Highway 53, along the arc of a curve having a radius of 2000.14 feet a distance of 166.37 feet, said arc being subtended by a chord bearing North 72 degrees 45 minutes 49 seconds West a chord distance of 166.32 feet; thence North 74 degrees 36 minutes 40 seconds West a distance of 134.26 feet to an iron pin, said iron pin being the Point of Beginning. Said tract or parcel of land contains 9.950 acres and is further described on a plat of survey prepared by Venable and Associates, Inc. for Amyn Meghani, dated January 18, 2006, which survey is incorporated into and made a part hereof by reference. The property address is commonly referred to as 7174 Hwy. 53, Braselton, Georgia.
The debt secured by said Security Deed has been and is hereby declared due and payable because, among other possible events of default, of the Borrower’s failure to pay the interest and principal when due. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), and 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 Grantee, the party in possession of the property is Dunhill Developers, LLC or a tenant or tenants.
The Federal Deposit Insurance Corporation as Receiver for
Cobb Commercial Bank, a Division of Community Bank of West Georgia As Attorney In Fact For Dunhill Developers, LLC
/s/ Sarah S. Wheeler
Moore & Reese, LLC
2987 Clairmont Road
Suite 440
Atlanta, GA 30329
(770) 457-7000
(JA6,13,20,28P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from DANIEL WILSON to UNITED COMMUNITY BANK, dated March 1, 2006, recorded March 9, 2006, in Deed Book 42X, Page 405, Jackson County, Georgia Records, as last modified by Modification of Security Deed dated September 10, 2008, recorded in Deed Book 53J, Page 19, Jackson County, Georgia Records, said Security Deed being given to secure a Note from DANIEL WILSON, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in February, 2010, the following described property:
Parcel One: All those two tracts or parcels of land lying and being in the 257th G. M. District of Jackson County, Georgia designated as Lot #14 and Lot #15 and containing 4.32 acres and 3.34 acres respectively according to a plat of survey prepared by W. T. Dunahoo & Associates, Registered Surveyors, dated January 9, 1980, a copy of which is recorded in Plat Book 12, Page 166, Jackson county Records, reference made to said plat of survey for a more complete description of the property.
The property herein is conveyed subject to existing easements, restrictions, covenants and right of ways of record.
Parcel Two: All those three tracts or parcel of land lying and being in the 257th District, G.M., Jackson County, Georgia, and on the South side of Pittman Carter Road and designated as Lot No. 16 containing 4.36 acres, Lot No. 17, containing 4 acres and Lot No. 18 containing 3.89 acres, as shown by plat and survey of same of W. T. Dunahoo, Surveyor, dated January 9, 1980, said plat being recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 12, Page 166. For a more detailed description to said tracts, reference is hereby made to said plat as recorded.
The property herein is conveyed subject to existing easements, restrictions, covenants and right of ways of record.
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 the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s 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, easements, 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 DANIEL WILSON or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for DANIEL WILSON
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01803
(JA6,13,20,27B/16022-60T1P)

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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 by assignment from the FEDERAL DEPOSIT INSURANCE CORPORATION, Receiver for Security Bank of Gwinnett County d/b/a Homestead Bank of that certain Deed to Secure Debt 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, February 2, 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 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, Jackson County, Georgia, being open space #2 containing 0.21 acres more or less, open space #3 containing 0.30 acres more or less, open space #5 containing 0.29 acres more or less, open space #6 containing 7.13 acres more or less, open space #7 containing 0.68 acres more or less, open space #8 containing 4.84 acres more or less, and open space #9 containing 0.29 acres more or less, Liberty Crossing, Unit One, all 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
RECREATION AREA:
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.
(JA6,13,20,27P4)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in that certain Construction Deed to Secure Debt made by DNS CONSTRUCTION, INC. a Georgia Corporation, Grantor, to BRANCH BANKING AND TRUST COMPANY, as successor in interest to COLONIAL BANK by asset acquisition from the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, Grantee, on the 27th day of March 2006 (“Security Deed”), said deed recorded on March 29, 2006, in the Superior Court of Jackson County, Georgia, in Deed Book 43F, Page 200, as affected by that certain Assignment of Security Instruments and Other Loan Documents from the Federal Deposit Insurance Corporation in its capacity as Receiver for Colonial Bank to Branch Banking and Trust Company (BB&T), recorded in the Superior Court of Jackson County, Georgia, in Deed Book 56N, Page 339, on November 5, 2009, and as further affected by that certain Full Cancellation of Recorded Lien recorded on July 20, 2007, in Deed Book 49-L, Page 91, and as further affected by that certain Reinstatement Affidavit recorded January 2, 2009, in Deed Book 53-W, Page 599, conveying the after-described property to secure those certain Non-Consumer Real Estate Notes from Grantor payable to Grantee, in the original principal amount of (1) (Lot 20) TWO HUNDRED TWENTY-TWO THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($222,750.00), dated March 27, 2006, and all modifications thereof with the last modification being dated April 10, 2009, in the amount of FORTY-TWO THOUSAND SEVEN THIRTY-SIX AND 75/100 DOLLARS ($42,736.75), and (2) (Lot 39) TWO HUNDRED THIRTY-NINE THOUSAND NINE HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($239,925.00), dated March 27, 2006, and all modifications thereof, with interest thereon as set forth therein (the “Notes”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia, within the legal hours of sale on the first Tuesday in February 2010, the following described real estate situated in Jackson County, Georgia, to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 20, Phase One, The Preserve at Jefferson as per plat recorded in Plat Book 57, Pages 297 through 299, and Lot 39, Phase 2, The Preserve at Jefferson, as per plat recorded in Plat Book 64, Pages 110 through 113, Jackson County, Georgia Records, which plat is hereby incorporated herein by reference.
[Lot 25, Unit One, is being purposely excluded from the above legal description by virtue of that certain Quit Claim Deed recorded in Deed Book 48-Q, Page 517. Lot 1 is being purposely excluded from the above legal description by virtue of that certain Quit Claim Deed recorded in Deed Book 49-I, Page 350. Lot 20, Phase One and Lot 39, Phase, The Preserve at Jefferson are the only lots being foreclosed upon.]
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including Attorney’s fees (notice of intent to collect Attorney’s fees having been given as provided by law). The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security. Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property is located at Lot 20, Phase One and Lot 39, Phase 2, The Preserve at Jefferson, Jackson County, Georgia, and the party in possession of the property is DNS Construction, Inc., or its tenant or tenants.
Branch Banking and Trust Company as Attorney-in-Fact for DNS Construction, Inc.
Sasser, Sefton, Tipton & Davis, P.C.
Patrick L. W. Sefton, Esq.
100 Colonial Bank Blvd., Suite B201
Montgomery, AL 36117
(334) 532-3400
(JA6,13,20,27P4)