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 SHEREE A. ORELLANA to NATIONAL CITY MORTGAGE, a division of NATIONAL CITY BANK dated August 29, 2006, in the amount of $108,811.00, and recorded in Deed Book 45-H, Page 620, Jackson County, Georgia Records, as last transferred to PNC Mortgage, a division of PNC Bank NA by assignment, the undersigned, PNC Mortgage, a division of PNC Bank NA pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in June, 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, situate, lying and being in the 245th District, G.M., City of Jefferson, Jackson County, Georgia, designated as Lot 3, of Block A, as shown on a plat of survey entitled Final Plan For Peachtree Estates - Unit Two, prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo GRLS No. 1577, dated September 30, 2003, and being of record in the Office of the Clerk of the Superior Court for Jackson County, Georgia, in Plat Book 62, Page 192; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
which has the property address of 578 Dixie Red Avenue, 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 Sheree A. Orellana 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.
PNC Mortgage, a division of PNC Bank NA Attorney in Fact for Sheree A. Orellana
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-27781 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP28,MY5,12,19,26B/1325-50)
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Notice of Sale
Georgia, Jackson County
Undersigned will sell before the courthouse door in Jackson County, Georgia, between the legal hours of sale on the first Tuesday in June, 2010, to the highest bidder for cash the following:
All that tract or parcel of land lying and being in GMD 245 of Jackson County, Georgia, being the same Tract VI approximating 112.534 acres as identified on Survey dated September 9, 1996 by Rochester & Associates for Linda L. Butler, Bruce W. Lewis, Gary C. Lewis and Craig E. Lewis and recorded on the Hall County, Georgia Plat Records in Plat Book 46, page 211, of the Jackson County, Georgia, Plat Records. Said plat and the description therein being specifically incorporated herein by reference and made a part hereof. Said property is subject to Protective Covenants and Restrictions of record.
This being the same property as described in a Quit Claim Deed dated October 1, 1996 from LINDA L. BUTLER to GARY C. LEWIS, CRAIG E. LEWIS AND BRUCE W. LEWIS as recorded on the Jackson County, Georgia Deed Records.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in the GMD 245 Jackson County, Georgia, containing 2.477 acres, more or less, and being depicted as Tract 1 on a certain plat of survey for William C. Meek, III and Susan B. Meek dated August 6, 2007, by Venable and Associates, Inc., Christopher J. Carlan, RLS No._____, recorded in Plat Book 46, Page 211, Jackson County Records, reference to which plat is hereby made for a more particular description of the property herein conveyed.
Said sale will be conducted and a deed executed to the purchaser pursuant to the powers contained in a Deed to Secure Debt from Craig E. Lewis, Gary C. Lewis and Bruce W. Lewis to AgGeorgia Farm Credit, ACA dated December 22, 2003 and recorded in Deed Book 32-X, Page 444, Clerk’s Office, Jackson Superior Court. Said Deed to Secure Debt secures the following: (1) Fixed Rate Renewal Note dated April 4, 2008 in the amount of $1,113,624.08 from Craig E. Lewis, Gary C. Lewis and Bruce W. Lewis to AgGeorgia Farm Credit, ACA, (2) Variable Rate Note dated September 2, 2009 in the amount of $4,000.00 from Craig E. Lewis, Gary C. Lewis and Bruce W. Lewis to AgGeorgia Farm Credit, ACA.
AgGeorgia Farm Credit ACA is the owner and holder of said Notes and said Deed to Secure Debt which secures the same.
The said Note in the amount of $1,113,624.08 is in default due to nonpayment and the $4,000.00 Note, under the terms of that Note, is in default as well.
Because of said default and in accordance with the provisions of said Notes and of said Deed to Secure Debt, the undersigned has exercised its option to declare the remainder of the debts due and collectible, and the power of sale contained in said Deed to Secure Debt has become operative.
The said Craig E. Lewis, Gary C. Lewis and Bruce W. Lewis have been notified in writing that the provisions in said Notes relative to the payment of attorney’s fees will be enforced.
Said sale will be conducted subject to any state and county ad valorem taxes which may be due and payable on said property, a deed executed to the purchaser, and the proceeds shall be applied in accordance with the provisions of said Deed to Secure Debt.
AgGeorgia Farm Credit ACA as attorney in fact for Craig E. Lewis, Gary C. Lewis and Bruce W. Lewis
THIS FIRM IS ACTING AS A DEBT COLLECTOR AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
T. Baron Gibson, II
Martin Snow, LLP
PO Box 1606
Macon GA 31202-1606
(478) 749-1715
(MY5,12,19,26P4)
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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 SCOTT T. HUNT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 38-S, Page 714, Jackson County, Georgia Records, as last transferred to Branch Banking and Trust Company by assignment recorded in Deed Book 55Z, Page 188, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETY-ONE THOUSAND NINE HUNDRED TWENTY AND 0/100 DOLLARS ($191,920.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 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: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott T. Hunt or a tenant or tenants and said property is more commonly known as 96 Bristol Court, 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.
Branch Banking and Trust Company as Attorney in Fact for Scott T. Hunt
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kmh 6/1/10
Our file no. 517409-FT8
EXHIBIT “A”
All that tract or parcel of land lying and being in the 248 G.M.D., Jackson County, Georgia, designated as Lot 41 as shown on plat and survey of Southampton Falls, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 62, at pages 95-103. For a more detailed description, reference is hereby made to said plat as recorded. Subject to all existing easements and rights of way for public roads and utilities now in use. Also Subject to Protective Covenants for Southampton Falls as recorded in Deed Book 29-H, at Page 359, Jackson county Records. MR/kmh 6/1/10 Our file no. 517409 - FT8
(MY5,12,19,26B/12062-60T1P)
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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 HARVEY T. BROWNLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $220,000.00 dated 02/06/2003, and recorded in Deed Book 29-B, Page 639, Jackson County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of June, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Harvey T. Brownlee the following described property:
All that tract or parcel of land lying and being in GMD 455, Jackson County, Georgia, being Lot 22, Block “D”, containing 5.00 acres, more or less, dry pond ranches, as per survey for imperial Group, LTD by Clelland A. Tyson, G.R.L.S. number 1515, dated November 22, 1976. A copy of said plat is recorded in Plat Book 12, Page 8, Jackson County, Georgia Records; which recorded plat is hereby incorporated by reference and made a part hereof for a more accurate description.
Property known as: 315 Golden Nugget Way, Maysville, GA 30558
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 Harvey T. Brownlee.
CitiMortgage, Inc., as Attorney-in-fact for Harvey T. Brownlee.
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. 10-03059
(MY5,12,19,26B/224-50)
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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.
By virtue of the Power of Sale contained in a Security Deed given by RANDY BEEKEN dba DRY POND AUTO AND TRUCK REPAIR (aka Randy Beekan dba Dry Pond Auto and Truck Repair, aka Dry Pond Auto and Truck Repair) (hereinafter “Grantor”) to BRANCH BANKING AND TRUST COMPANY, dated July 15, 2005, recorded in Deed Book 40-Y, Pages 379-386, Jackson County, Georgia Records, and being re-recorded at Deed Book 47-U, pages 329-336, aforesaid records, conveying the after-described property to which secures a Note dated July 15, 2005, in the original principal amount of $228,000.00, with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in 455th GMD, Jackson County, Georgia, being 2.32 acres, more or less, as shown on a plat of survey prepared by Venable & Associates, Inc., Allen L. Venable, Jr., GRLS no. 1761, as recorded in Plat Book 35, Page 131, Jackson County, Georgia Records, which plat is incorporated herein and by this reference 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 Notes 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor, or a tenant or tenants, and said property is also know as 94 Dry Pond Road, Jefferson, GA 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.
Branch Banking and Trust Company as Attorney in Fact for Grantor above
Samuel L. Chesnutt as Attorney at Law for Branch Banking and Trust Company
Strickland, Chesnutt & Lindsay, LLP
650 Oglethorpe Avenue, Suite 1
Athens, Georgia 30606
Our file no. A09-209D
(MY5,12,19,26B/887-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the payment of the indebtedness secured by a Security Deed executed by THOMAS J. STEPHENS and VALERIE K. STEPHENS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 27, 2006, and recorded in Deed Book 43-R, Page 254, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC2, by Assignment securing a Note in the original principal amount of $103,920.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in Jackson County, Georgia, and being more particularly described as part of Lot No. 22 of Chanticleer Heights Subdivision according to a plat recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 3, Page 314, and beginning at a point of the eastern right-of-way line of a public road at the northwest comer of said Lot 22, running thence in an easterly direction 91 feet to a point; thence in a southeasterly direction 193 feet to a point; thence in a northwesterly direction 210 feet to a point on the eastern right-of-way line of said public road; thence in a northerly direction along the eastern side of said right-of-way 97 feet to the point of beginning. Subject to all easements and restriction of record.
Said property is known as 76 Hillcrest Drive, Commerce, GA 30529, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Thomas J. Stephens and Valerie K. Stephens, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas J. Stephens and Valerie K. Stephens, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC2 as Attorney-in-Fact for Thomas J. Stephens and Valerie K. Stephens
File no. 10-003378
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/RR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,12,19,26B/1323-70T1P)
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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 Security Deed by and between THOMASWANN INVESTMENTS, LLC, (“Borrower”) to FIRST GEORGIA BANKING COMPANY (“Lender”) dated September 29, 2005, and recorded in Deed Book 41J, Page 773, Jackson County Records conveying the realty described on Exhibit “A” attached hereto as collateral for the debt in the principal amount of $750,000.00 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 June, 2010 the realty in the 255th District, Jackson County, Georgia, being more completely described as follows:
EXHIBIT A
PARCEL I: All that tract or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, encompassing 24.00 acres, more or less, and being more particularly described and delineated within a Plat and Survey prepared by Wood Brothers Land Surveyors, Inc., certified by Warren S. Wood, Georgia Registered Land Surveyor Number 2849, dated December 23, 2004, prepared for Thomaswann Investments, LLC and recorded in Plat Book 64 at Page 239, Jackson County, Georgia Records; which said plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
PARCEL II: All that tract or parcel of land lying and being in the 255th District G.M., State of Georgia, County of Jackson, being 5.00 acres and being more particularly described and delineated according to a plat and survey prepared by Wood Brothers Land Surveyors, Inc., Georgia Registered Surveyor No. 2849, dated June 24, 2005 entitled “Boundary Survey for Thomaswann Investments, LLC,” said plat being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 66, Page 65; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
The debt secured by said Security Deed 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 Borrower or a tenant or tenants.
FIRST GEORGIA BANKING COMPANY As Attorney In Fact For THOMASWANN INVESTMENTS, LLC
/s/ Dylan E. Wilbanks
Dylan E. Wilbanks
Wilbanks Law Firm, LLC
1237 S. Elm Street, Suite B
Commerce, GA 30529
PHONE: 706-335-2355
FAX: 706-243-6464
(MY5,12,19,26B/19584-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
Georgia, Jackson County
Because of the default in the payment of the indebtedness secured by a Deed to Secure Debt executed by DENNIS CORBIN and JANE CORBIN to FARM EQUITIES, INC., dated April 15, 1996, and recorded in Deed Book 15-N, Page 3, of the records of the Clerk of the Superior Court of Jackson County, Georgia, FARM EQUITIES, 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 June, 2010, during the legal hours of sale at the Courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder for cash the property described in said deed, to-wit:
All that tract or parcel of land and all improvements thereon, lying and being in, the City of Arcade, the County of Jackson, the State of Georgia; Farm(s) #37 in TROTTERS RIDGE FARMS Subdivision as shown on Plat Book 46, Page 114, Clerk’s Office, Jackson County Superior Court, to which reference is hereby made for a more complete description and containing 4.1 acres.
The above-described real estate is more commonly known as 466 Trotters Ridge Road, Jefferson, Georgia 30549.
The sale will be subject to any unpaid taxes and other assessments which may be liens against the property. Notice has been given of the intention to collect attorney’s fees in accordance with the terms of the note and deed to secure debt. Said property will be sold as the property of DENNIS CORBIN and JANE CORBIN and the proceeds will be applied to the payment of said indebtedness, the expenses and costs of sale, including attorney’s fees. Any remaining proceeds will be applied pursuant to said deed and the laws of the State of Georgia.
The undersigned will execute a deed to the purchaser at said sale as provided for in the aforementioned deed to secure debt. Said sale will divest all the right, title and interest of the maker thereof of said property and shall vest said title in the purchaser at said sale.
FARM EQUITIES, INC. as Attorney in Fact for DENNIS CORBIN and JANE CORBIN
Lender Contact:
Farm Equities, Inc.
P.O. Box 788
Holly Springs, Mississippi 38635
Attention: Beverly Cooper
Telephone: 662-252-4592
RUSSELL, STELL, SMITH & MATTISON, P.C.
Attorneys for Farm Equities, Inc.
98 North Broad Street
P.O. Box 644
Winder, Georgia 30680
770-867-7431
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/818-50)
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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 NIGEL D. EDWARDS and CASSANDRA M. EDWARDS to BANK OF AMERICA, N.A., dated September 28, 2007, recorded October 11, 2007, in Deed Book 50-J, Page 274, Jackson County, Georgia Records, said Security Deed being given to secure a Note from NIGEL D. EDWARDS and CASSANDRA M. EDWARDS of even date in the original principal amount of ONE HUNDRED SEVENTY SEVEN THOUSAND ONE HUNDRED EIGHTY SIX AND 00/100 ($177,186.00) DOLLARS, 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 June, 2010, the following described property:
All that tract or parcel of land lying and being in GMD 428, City of Pendergrass, Cunningham District, Jackson County, Georgia, being Lot 81, Seasons of Pendergrass, Phase I, as per plat recorded in Plat Book 66, Pages 78-83, Jackson County Records, said plat being incorporated herein by reference thereto.
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 NIGEL D. EDWARDS and CASSANDRA M. EDWARDS or a tenant or tenants.
BANK OF AMERICA, N.A., as attorney in Fact for NIGEL D. EDWARDS and CASSANDRA M. EDWARDS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 6970A-01014
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/16022-50T1P)
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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 Deed to Secure Debt from DENNIS E. ROBERTS and MARY A. ROBERTS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for The CIT Group/Consumer Finance, Inc., dated December 13, 2005, and recorded in Deed Book 41-X, Page 273, in the Office of the Clerk of Superior Court of Jackson County, Georgia, said Deed to Secure Debt having been given to secure a Note dated, December 13, 2005, in the original principal amount of Eighty Eight Thousand Two Hundred and 00/100 Dollars ($88,200.00) 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 June 2010, regarding the following described property:
All that tract or parcel of land lying and being in the 255th District, G.M. Jackson County, Georgia and being that 0.789 acres tract as shown on that Plat of Survey dated December 16, 2009, prepared by Caleb A. McGaughey, GRLS #3174, and recorded in Plat Book 67, Page 221, Jackson County, Georgia records. Which plat is hereby incorporated by this reference.
Said property is commonly known as 5208 Mt. Olive Rd., Commerce, GA 30529.
The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt 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 Deed to Secure Debt 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 Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Dennis E. Roberts and Mary A. Roberts or tenant(s).
Mortgage Electronic Registration Systems, Inc. as Attorney-in-Fact for Dennis E. Roberts and Mary A. Roberts
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.
(MY5,12,19,26P4)
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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 MICHAEL J. AUTRY and SHARAN P. AUTRY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 4, 2008 in the amount of $90,923.00, and recorded in Deed Book 52-G, Page 760, 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 June, 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 improvements thereon, situate, lying and being in the 255th G.M.D., Jackson County, Georgia, and being shown and designated as 1.05 acres, more or less on a plat of survey entitled Survey for Shirley Martin, Trustee and Jo Ann Bond, Trustee, dated March 31, 2008, prepared by W.T. Dunahoo & Associates, W.T. Dunahoo, GRLS No. 1577, said plat being recorded in Plat Book 67, Page 88 in the Office of the Clerk of the Superior Court for Jackson County, Georgia, said plat being incorporated herein by reference for a more particular description of the subject property.
which has the property address of 283 S. Broad Street, 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 Michael J. Autry and Sharan P. 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.
BAC Home Loans Servicing, L.P. FKA Countrywide Home Loans Servicing, L.P. Attorney in Fact for Michael J. Autry and Sharan P. Autry
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-02449 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by VASILE VADUVA and ELENA VADUVA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 31, 2006, recorded in Deed Book 44-N, Page 157, Jackson County, Georgia Records, as last transferred to FlagStar Bank, FSB by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FOUR THOUSAND AND 0/100 DOLLARS ($104,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 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: Flagstar Bank, F.S.B., 5151 Corporate Drive, Troy, MI 48098, 800-945-7700. 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 Vasile Vaduva and Elena Vaduva or a tenant or tenants and said property is more commonly known as Fairway Park Lane, Lot No. 169, 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.
FlagStar Bank, FSB as Attorney in Fact for Vasile Vaduva and Elena Vaduva McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net MR/eja 6/1/10
Our file no. 51407910-FT17
EXHIBIT “A”
All that tract or parcel of land lying and being in the 248th District, G.M., Jackson County, Georgia, being Lot 169, Pod R, of Traditions of Braselton - Phase 2 Subdivision, as per plat thereof recorded in Plat Book 66, pages 48-53, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(MY5,12,19,26B/12062-60T1P)
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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 TARSHA BAILEY and GREGORY GLASS to OPTION ONE MORTGAGE CORPORATION dated January 2, 2003 in the amount of $78,750.00, and recorded in Deed Book 29-H, Page 117, Jackson County, Georgia Records; as last transferred to Wells Fargo Bank, N.A., as Certificate Trustee for VNT Trust Series 2010-1 by assignment; the undersigned, Wells Fargo Bank, N.A., as Certificate Trustee for VNT Trust Series 2010-1 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in June, 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 Land Lot 255 of Jackson County, Georgia, located within the City of Commerce, and containing 0.300 acre, as shown on that certain plat of survey for Reeds Home Improvement, dated December 19, 2002, by Venable & Associates, which plat of survey is hereby incorporated by reference, said property being more particularly described as follows: Beginning at a nail found in the asphalt at the intersection of the Eastern Right-of-Way of Hickory Street and the Northern Right-of-Way of Barber Street; said point being the true Point of Beginning; thence proceeding North 33 degrees 55 minutes 12 seconds West along the Eastern Right-of-Way of Hickory Street a distance of 98.12 feet to a nail at 3/4 inch pipe found; thence proceeding North 57 degrees 53 minutes 30 seconds East a distance of 89.75 feet to a 3/4 inch pipe found; thence proceeding North 00 degrees 38 minutes 43 seconds East a distance of 86.21 feet to a 1/2 inch rebar found; thence proceeding North 82 degrees 29 minutes 45 seconds East a distance of 25 feet to an iron pin set; thence proceeding South 05 degrees 01 minutes 53 seconds East a distance of 209.49 feet to a point on the Northern Right-of-Way of Barber Street; thence proceeding South 51 degrees 35 minutes 56 seconds West along the Northern Right-of-Way of Barber Street a distance of 45.00 feet to a bumper jack found; thence proceeding South 80 degrees 53 minutes 01 second West along the Northern Right-of-Way of Barber Street a distance of 20.15 feet to a nail found in asphalt at the intersection of the Eastern Right-of-Way of Hickory Street and the Northern Right-of-Way of Barber Street and the true Point of Beginning.
which has the property address of 108 Hickory St, 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 Tarsha Bailey and Gregory Glass 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.
Wells Fargo Bank, N.A., as Certificate Trustee for VNT Trust Series 2010-1
Attorney in Fact for Tarsha Bailey and Gregory Glass
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-00231 /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.
(MY5,12,19,26B/1325-70)
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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 DANIEL OPREA and ADRIANA OPREA to BANK OF AMERICA, N.A., dated March 26, 2007, recorded in Deed Book 48-A, Page 614, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($120,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 245th and 248th District, G.M., Jackson County, Georgia, being Lot 39, Pod O. Traditions of Braselton, Phase II, recorded in Plat Book 62, Page 122, in the Office of the Clerk of Superior Court of Jackson County, Georgia, which recorded plat is hereby incorporated herein by reference and made a part of this description.
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). Bank of America can be contacted at 800-285-6000 or by writing to 475 Crosspoint Parkway, Getzville, NY 14068, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Daniel Oprea and Adriana Oprea or a tenant or tenants and said property is more commonly known as 39 Pod O Saddle Creek Drive, 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.
Bank of America, N.A. as Attorney in Fact for Daniel Oprea and Adriana Oprea Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.jflegal.com MSP/kns 6/1/10
Our file no. 1552309-FT19
(MY5,12,19,26B/12062-50T1P)
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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 MERRILYN ROMAGUERA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SUNTRUST MORTGAGE, INC., dated May 25, 2007, recorded in Deed Book 49-A, Page 716, 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 SEVENTY-FIVE THOUSAND TWELVE AND 0/100 DOLLARS ($75,012.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
All that tract or parcel of land lying and being in G.M. District 245 and 248, Jackson County, Georgia, being Lot E-19, POD E of Traditions of Braselton Subdivision, Phase I, as per plat thereof recorded in plat book 62, page 257, Jackson County, Georgia Records; which plat and legal description thereon are incorporated herein by reference thereto.
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). Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Merrilyn Romaguera or a tenant or tenants and said property is more commonly known as Lot 19 Mulberry Greens Lane, 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 Merrilyn Romaguera
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.jflegal.com MSP/kns 6/1/10
Our file no. 1249310-FT19
(MY5,12,19,26B/12062-50T1P)
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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 AMY ROBERTS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SunTrust Mortgage, Inc., dated February 27, 2006, recorded in Deed Book 42-V, Page 145, 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 THIRTY-FIVE THOUSAND ONE HUNDRED TWENTY AND 0/100 DOLLARS ($135,120.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Jefferson, 245th District, G.M., Jackson County, Georgia, and being known and designated as Lot 13, Block A, Unit Two of Eagle Ridge Subdivision, as more particularly shown on a plat of said subdivision by W. T. Dunahoo & Associates, Surveyors, dated June 19, 2001, recorded in Plat Book 57, Page 197, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, said plat being incorporated herein by reference thereto.
There is situate on said tract a dwelling known as 68 Soaring Lane, Jefferson, GA 30549, according to the present system of numbering in Jackson County, Georgia.
The obligation to pay the debt described in the aforementioned security deed and secured by the above described property has been assumed by __ . 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). Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Amy Roberts or a tenant or tenants and said property is more commonly known as 68 Soaring Ln, 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 Amy Roberts
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.jflegal.com MSP/kns 6/1/10
Our file no. 1246610-FT19
(MY5,12,19,26B/12062-60T1P)
Jackson County Public Notices 05-26-10 pt 1
Friday, May 28. 2010
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (“Security Deed”) executed by JEFFREY L. CHADWICK in favor of HAMILTON STATE BANK dated January 8, 2009, and recorded at Deed Book 54-I, pages 156-161, of the Jackson County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Jackson County, Georgia, during the legal hours of sale, on the first Tuesday in June, 2010, that being June 1, 2010, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 1407th District, GM, Jackson County, Georgia, and containing 5.0 acres, more or less, as shown on that plat and survey for William R. Behrendsen prepared by Venable and Associates, Inc., surveyors and being more particularly described as follows:
BEGINNING at iron pin located on the northeastern right-of-way line of Georgia Highway 53 (50’ right-of-way) 1883 feet northwesterly from the centerline of Bill Watkins Road at the intersection of Bill Watkins Road and Georgia Highway 53; thence north 69 degrees 21 minutes west, 247.79 feet to an iron pin on the northeastern right-of-way line of Georgia Highway 53; thence north 26 degrees 46 minutes east 757.19 feet to an iron pin; thence north 68 degrees 07 minutes east, 372.94 feet to an iron pin; thence south 26 degrees 46 minutes west, 1010.78 feet to an iron pin which is the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1407th GMD, Jackson County, Georgia, containing 0.191 acres, more or less, and being more particularly described as follows:
BEGINNING at a point 26.129 feet right of and opposite station 0+810.195 on the construction centerline of State Route 53 on Georgia Highway Project No. STP-065-3(43), thence from the POINT OF BEGINNING north 64 degrees 21 minutes 02 seconds west 245.53 feet to a point on the boundary; thence north 31 degrees 37 minutes 20 seconds east, 34.10 feet to a point on the boundary; thence south 64 degrees 20 minutes 22 seconds, 245.63 feet to a point on the boundary; thence south 31 degrees 48 minutes 30 seconds west, 34.07 feet to the POINT OF BEGINNING.
Said tract described above being the same property conveyed to the Department of Transportation by Right-of-Way Deed dated October 27, 1999, recorded at Deed Book 20-K, page 282, Jackson County, Georgia records.
Upon information and belief, said property is located at: 4.81 acres Highway 53, Hoschton, Georgia 30548.
The debt secured by said Security Deed is evidenced by a Promissory Note (the “Note”), dated January 8, 2009 in the original principal amount of $74,973.94, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of JEFFREY L. CHADWICK, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of JEFFREY L. CHADWICK and will be sold as the property of JEFFREY L. CHADWICK.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
JEFFREY L. CHADWICK
By : HAMILTON STATE BANK, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
JDC/aph/8165/12095/W122291
(MY5,12,19,26B/417-70T1)
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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 ASHLEY MICHELLE ELROD and JAMES GREGORY ELROD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SunTrust Mortgage, Inc., dated November 4, 2004, recorded in Deed Book 36-S, Page 601, 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 THIRTY-TWO THOUSAND EIGHT HUNDRED SIXTY-THREE AND 0/100 DOLLARS ($132,863.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
All that lot, lying and being in the 1691st GMD of Jackson County, Georgia, being all of Lot 36 of Cedar Hollow Subdivision as shown on the subdivision plat recorded in Plat Book 60, Page 132, Jackson County, Georgia Plat 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 way, restrictive covenants and public utilities of record, including, but not limited to that certain covenant regarding underground electrical dated April 2, 2002 to Jackson EMC recorded in Deed Book 26-I, Page 138-140, Jackson County Deed records, as well as the protective covenants for Cedar Hollow Subdivision recorded in Deed Book 27-Z, Page 83, aforesaid records. This being a portion of the property conveyed from Wayne Ivey Construction, LLC to Gregory Alan Turk d/b/a Turks Quality Homes by warranty deed dated February 3, 2003 and recorded in Deed Book 29-A, Page 810, Jackson County, Georgia Deed records.
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). Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Ashley Michelle Elrod and James Gregory Elrod or a tenant or tenants and said property is more commonly known as 201 Cedar Hollow Drive, Talmo, Georgia 30575.
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 Ashley Michelle Elrod and James Gregory Elrod Johnson & Freedman, LLC
1587 Northeast Expressway Atlanta, Georgia 30329
(770) 234-9181
www.jflegal.com MSP/kns 6/1/10
Our file no. 1198210-FT19
(MY5,12,19,26B/12062-70T1P)
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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 JOHN BLANTON MCCULLOUGH, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $40,000.00 dated 06/06/2003, and recorded in Deed Book 30-Q, page 34, Jackson County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of June, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for John Blanton McCullough, Sr. the following described property:
All that tract of parcel of land lying and being in the 455th G.M.D. of Jackson County, Georgia, being Lot 14-A and containing 5.007 acres, more or less, as per survey for Imperial Group, LTD by Cleveland S. Boutwell, Jr., G.R.L.S. #1704, dated May 28, 1976. A copy of said plat is recorded in Plat Book 9, page 384 of the Jackson County Superior Court Records and incorporated herein and made a part hereof as fully as if set out herein.
Property known as: 465 Horseshoe Bend Rd, Maysville, GA 30558
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 John Blanton McCullough, Sr.
CitiMortgage, Inc., as Attorney-in-fact for John Blanton McCullough, Sr.
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. 10-02743
(MY5,12,19,26B/224-50)
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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 FRED MCGILL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 11, 2006, recorded in Deed Book 45-E, Page 231, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($117,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 Fred McGill a/k/a Fred McGill Jr. or a tenant or tenants and said property is more commonly known as 62 Guy Maddox Road, Braselton, Georgia 30517.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Huntington National Bank successor by merger to Huntington Mortgage Corporation as Attorney in Fact for Fred McGill
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kgo 6/1/10 Our file no. 51338810-FT17
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1765th District, G.M., Jackson County, Georgia, containing 2.44 acres according to Boundary Survey dated August 3, 1990, prepared for Thomas Timothy Worley and Janice E. Worley by Venable & Associates, Inc., Allen L. Venable, Jr., Georgia Registered Land Surveyor No. 1761, and being more particularly described as follows: Begin at an iron pin found on the Southerly right of way of Guy Maddox Road (having a 40 foot right of way), said iron pin being located 48 feet southeasterly of the intersection of the southerly right of way of Guy Maddox Road line with the easterly right of way line of New Cut Road; thence running along the southerly right of way line of Guy Maddox Road the following courses and distances: south 79 degrees 38 minutes east, a distance of 132.8 feet to a point; thence south 80 degrees 44 minutes east, a distance of 96.2 feet to a point; thence south 69 degrees 12 minutes east a distance of 60.5 feet to a point; thence south 42 degrees 36 minutes east, a distance of 184.4 feet to a nail and iron pin found’ thence south 32 degrees 35 minutes west, a distance of 213.2 feet to an iron pin found; thence leaving said right of way line and running north 73 degrees 41 minutes east, a distance of 308.4 feet to an iron pin found; thence running north 01 degrees 46 minutes east, a distance of 309.9 feet to an iron pin found on the southerly right of way line of Guy Maddox Road, said iron pin being the Point of Beginning.
(MY5,12,19,26B/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 TINA W. MCDANIEL and KENNETH W. MCDANIEL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 16, 2002, recorded in Deed Book 27-D, Page 39, 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 TWO HUNDRED TWENTY-ONE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($221,800.00), 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 June, 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 Tina W. McDaniel and Kenneth W. McDaniel or a tenant or tenants and said property is more commonly known as 80 Lewis Roberts 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.
Wells Fargo Bank, NA as Attorney in Fact for Tina W. McDaniel and Kenneth W. McDaniel
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ras 6/1/10 Our file no. 51310310-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 245th District, G.M., State of Georgia, County of Jackson, encompassing 12.346 acres, more or less, and being more particularly described and delineated according to a plat and survey prepared by Venable & Associates, Inc., certified by Allen L. Venable, Jr., GRLS No. 1761, dated May 15, 1996, entitled “Boundary Survey for Kenneth W. McDaniel and Tina W. McDaniel,” said plat being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 48, Page 58; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description. Less and Except: All that tract or parcel of land lying and being in the 245th District, G.M., State of Georgia, County of Jackson, encompassing 1.50 acres and being more particularly described and delineated according to a plat and survey prepared by W.T. Dunahoo and Associates, Inc., certified by W.T. Dunahoo, GRLS No. 1577, dated March 8, 2000, entitled “Survey for Kenneth W. McDaniel & Tina W. McDaniel,” said plat being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 57, Page 122; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
(MY5,12,19,26B/12062-80T1P)
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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 SONNY J. REMILLARD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated March 26, 2004 in the amount of $162,300.00, and recorded in Deed Book 34-A, Page 255; and re-recorded on 10/25/2004 in Deed Book 36-M, Page 686, Jackson County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in June, 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 248th District, G.M., Jackson County, Georgia, designated as Lot 18, Block A of Berry`s Landing Subdivision, as shown by plat and survey entitled Final Plat for BERRY`S LANDING, prepared by W.T. Dunahoo and Associates, Inc., certified by W.T. Dunahoo, GRLS No. 1577, dated May 7, 2002 as recorded in Plat Book 60, Page 59, Jackson County, Georgia records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property. Subject to Protective Covenants dated June 5, 2002 as recorded in Deed Book 26-R, Page 605; Amended Protective Covenants recorded at Deed Book 27-L, page 654 and Deed Book 26-R, Page 605, Jackson County, Georgia records.
which has the property address of 27 Margie Court, 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 Sonny J. Remillard and Misty D. Remillard and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Sonny J. Remillard
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-07499 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under power
Georgia, Jackson County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by MANUEL GAMEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 21, 2006 in the amount of $218,320.00, and recorded in Deed Book 42-T, Page 238, 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 June, 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 248th GMD District of JACKSON County, Georgia, being Lot 42 of Southampton Falls, as per Plat thereof recorded in Plat Book 62, Page 95, JACKSON County, Georgia, records, which Plat is incorporated herein and made a part hereof by reference for a more detailed description.
which has the property address of 72 Bristol Court, 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 Manuel Gamez 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 Manuel Gamez
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-14856 /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.
(MY5,12,19,26B/1325-50)
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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 SARITH PHAI and KENA M. MEAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 21, 2006, recorded in Deed Book 46-X, Page 353, Jackson County, Georgia Records, as last transferred to PHH Mortgage Corporation by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($181,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 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: PHH Mortgage Corporation, Mailstop SV01, 2001 Leadenhall Rd, Mount Laurel, NJ 08054, 800-750-2518. 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 Sarith Phai and Kena M. Meas or a tenant or tenants and said property is more commonly known as 70 Feldspar Drive, 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.
PHH Mortgage Corporation as Attorney in Fact for Sarith Phai and Kena M. Meas McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/mhd 6/1/10 Our file no. 51537009-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 242nd District, G.M., Jackson County, Georgia, being Lot 2 Block D, Unit Two of Redstone Subdivision and more particularly described and delineated according to a plat and survey entitled “Final Plan for Redstone-Unit Two” prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, Georgia Registered Land Surveyor No. 1577, recorded on February 11, 2005 in Plat Book 64, Page 195, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
(MY5,12,19,26B/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 LANCE D. PHILLIPS and STACEY B. PHILLIPS to Fifth Third Mortgage Company, dated January 2, 2007, recorded in Deed Book 47-E, Page 277, Jackson County, Georgia Records, as last transferred to Fifth Third Mortgage Company by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINETY-TWO THOUSAND AND 0/100 DOLLARS ($292,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 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: Fifth Third Bank, Mail Drop 1MOC20, 5050 Kingsley Drive, Cincinnati, OH 45263, 800-375-1745opt3. 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 Lance D. Phillips and Stacey B. Phillips or a tenant or tenants and said property is more commonly known as 54 Jefferson Boulevard, Jefferson, Georgia 30546. 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.
Fifth Third Mortgage Company as Attorney in Fact for Lance D. Phillips and Stacey B. Phillips
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/wa2 6/1/10 Our file no. 5720010-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia designated as Lot 22, as shown on final plat for The Heritage at Jefferson, dated September 13, 1999, by Venable & Associates, Inc. Surveyors, and recorded in the Office of the clerk of Superior court of Jackson County, Georgia, in Plat Book 54, at Page 151. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights of way for public roads and utilities now in use. Also subject to Restrictive Covenants for The Heritage at Jefferson as recorded in Deed Book 20-V, at Pages 191-195, Jackson County Records.
(MY5,12,19,26B/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 that certain Construction Deed to Secure Debt and Security Agreement from JPL HOMES, INC. (“Grantor”) to BRANCH BANKING AND TRUST COMPANY, as Assignee of the Federal Deposit Insurance Corporation, as Receiver for Colonial Bank (the assignment to Branch Banking and Trust Company having been recorded in the real estate records of Jackson County in Deed Book 0056-N, Page 0339-0343, in the offices of the Clerk of the Superior Court of Jackson County, Georgia) (“Grantee”) dated May 19, 2005, and recorded in Deed Book 38-X, Pages 235-239, aforesaid Records (the “Security Deed”), conveying the after-described property to secure a Non-Consumer Real Estate Note in the principal amount of One Hundred Ninety One Thousand Nine Hundred Twenty ($191,920.00) Dollars, with interest thereon as set forth therein and all modifications thereto (the “Note”), the undersigned, pursuant to said Security Deed has declared the entire amount of said indebtedness due and payable because of default in the payment of said indebtedness. Further, pursuant to that Power of Sale, the undersigned will, on the first Tuesday in June, 2010 during the legal hours of sale before the courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder, for cash, the following property described in said Security Deed, to wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 255th G. M. D., Jackson County, Georgia, being designated as Lot 24 in Ridge Mill Manor Subdivision, shown on a plat recorded in Plat Book 62, Page 175, Jackson County Records, which plat and record are by reference incorporated herein (“Land”).
Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures and building, construction, and landscaping supplies and materials of any kind whatsoever, and equipment, machinery and appliances of every kind and nature whatsoever now or hereafter located in or on the Land or to be used on or in connection with the Land, including, but not limited to, all gas, electric, solar, oil burning and wood burning apparatuses, ranges and other cooking apparatuses, dishwashers, trash compactors, disposals, refrigerators, freezers, bathroom fixtures and equipment, plumbing and heating fixtures, carpeting and other floor coverings, curtains and draperies and related equipment, washers, dryers, water heaters, elevators and motors, chandeliers and all other ceiling, wall and exterior lighting devices, mirrors, mantels, air conditioning apparatus (including humidity control equipment) attic and ceiling fans, window screens and screen doors, awnings and storm windows and doors, alarm devices of all types, garage door openers, sprinkler systems, central vacuum systems, cabinets and shelving, paneling and wall coverings, all of which are hereby declared and shall be deemed fixtures and accessions to the freehold and a part of the Land as between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described.
Together with all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, minerals, royalties, easements, privileges, liberties, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor and the reversion and reversions, remainder and remainders, the rents, issues, profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same; reserving only the right to Grantor to collect the same so long as Grantor is not in default hereunder (hereinafter referred to as “Property”).
The above-referenced Property will be sold subject to the following: all, if any, outstanding ad valorem taxes and/or assessments; all, if any, other prior liens, easements, covenants, restrictions, encumbrances, zoning ordinances or other matters of record to which the Security Deed is junior in priority; and all, if any, matters affecting said Property which would be disclosed by an accurate survey and inspection of said Property. Said Property will be sold as the property of JPL Homes, Inc. and the proceeds will be applied to the payment of the described indebtedness, attorney’s fees, and all expenses of this sale. Any remaining or surplus proceeds will be applied pursuant to the Security Deed and pursuant to the laws of the State of Georgia.
The above-referenced Property will be sold on an “as is, where is” basis without recourse against Grantee and without representation or warranty of any kind or nature whatsoever by Grantee with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by JPL Homes, Inc. who is the party in possession or a tenant or tenants.
Branch Banking and Trust Company as Assignee of the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, as attorney-in-fact for JPL Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, P.C.
One Premier Plaza
5605 Glenridge Drive, Suite 690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the Power of Sale contained in that certain Construction Deed to Secure Debt and Security Agreement from JPL HOMES, INC. (“Grantor”) to BRANCH BANKING AND TRUST COMPANY, as Assignee of the Federal Deposit Insurance Corporation, as Receiver for Colonial Bank (the assignment to Branch Banking and Trust Company having been recorded in the real estate records of Jackson County in Deed Book 0056-N, Page 0339-0343, in the offices of the Clerk of the Superior Court of Jackson County, Georgia) (“Grantee”) dated May 7, 2008, and recorded in Deed Book 0052-L, Pages 0041-0049, aforesaid Records (the “Security Deed”), conveying the after-described property to secure a Non-Consumer Real Estate Note in the principal amount of Two Hundred Fifteen Thousand Two Hundred ($215,200.00) Dollars, with interest thereon as set forth therein and all modifications thereto (the “Note”), the undersigned, pursuant to said Security Deed has declared the entire amount of said indebtedness due and payable because of default in the payment of said indebtedness. Further, pursuant to that Power of Sale, the undersigned will, on the first Tuesday in June, 2010 during the legal hours of sale before the courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder, for cash, the following property described in said Security Deed, to wit:
All that tract or parcel of land lying and being in the 255th District, G. M., Jackson County, Georgia, being Lot 23, Phase 1 of Ridge Mill Manor Subdivision, as per plat thereof recorded in Plat Book 62, Page 175, in the Office of the Clerk of the Superior Court for Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description (“Land”).
Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures and building, construction, and landscaping supplies and materials of any kind whatsoever, and equipment, machinery and appliances of every kind and nature whatsoever now or hereafter located in or on the Land or to be used on or in connection with the Land, including, but not limited to, all gas, electric, solar, oil burning and wood burning apparatuses, ranges and other cooking apparatuses, dishwashers, trash compactors, disposals, refrigerators, freezers, bathroom fixtures and equipment, plumbing and heating fixtures, carpeting and other floor coverings, curtains and draperies and related equipment, washers, dryers, water heaters, elevators and motors, chandeliers and all other ceiling, wall and exterior lighting devices, mirrors, mantels, air conditioning apparatus (including humidity control equipment) attic and ceiling fans, window screens and screen doors, awnings and storm windows and doors, alarm devices of all types, garage door openers, sprinkler systems, central vacuum systems, cabinets and shelving, paneling and wall coverings, all of which are hereby declared and shall be deemed fixtures and accessions to the freehold and a part of the Land as between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described.
Together with all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, minerals, royalties, easements, privileges, liberties, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor and the reversion and reversions, remainder and remainders, the rents, issues, profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same; reserving only the right to Grantor to collect the same so long as Grantor is not in default hereunder (hereinafter referred to as “Property”).
The above-referenced Property will be sold subject to the following: all, if any, outstanding ad valorem taxes and/or assessments; all, if any, other prior liens, easements, covenants, restrictions, encumbrances, zoning ordinances or other matters of record to which the Security Deed is junior in priority; and all, if any, matters affecting said Property which would be disclosed by an accurate survey and inspection of said Property. Said Property will be sold as the property of JPL Homes, Inc. and the proceeds will be applied to the payment of the described indebtedness, attorney’s fees, and all expenses of this sale. Any remaining or surplus proceeds will be applied pursuant to the Security Deed and pursuant to the laws of the State of Georgia.
The above-referenced Property will be sold on an “as is, where is” basis without recourse against Grantee and without representation or warranty of any kind or nature whatsoever by Grantee with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by JPL Homes, Inc. who is the party in possession or a tenant or tenants.
Branch Banking and Trust Company as Assignee of the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, as attorney-in-fact for JPL Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, P.C
One Premier Plaza
5605 Glenridge Drive, Suite 690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the Power of Sale contained in that certain Construction Deed to Secure Debt and Security Agreement from JPL HOMES, INC. (“Grantor”) to BRANCH BANKING AND TRUST COMPANY, as Assignee of the Federal Deposit Insurance Corporation, as Receiver for Colonial Bank (the assignment to Branch Banking and Trust Company having been recorded in the real estate records of Jackson County in Deed Book 0056-N, Page 0339-0343, in the offices of the Clerk of the Superior Court of Jackson County, Georgia) (“Grantee”) dated February 16, 2004, and recorded in Deed Book 33-N, Pages 359-364, aforesaid Records (the “Security Deed”), conveying the after-described property to secure a Non-Consumer Real Estate Note in the principal amount of Three Hundred Fifty Five Thousand ($355,000.00) Dollars, with interest thereon as set forth therein and all modifications thereto (the “Note”), the undersigned, pursuant to said Security Deed has declared the entire amount of said indebtedness due and payable because of default in the payment of said indebtedness. Further, pursuant to that Power of Sale, the undersigned will, on the first Tuesday in June, 2010 during the legal hours of sale before the courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder, for cash, the following property described in said Security Deed, to wit:
All those tracts or parcels of land lying and being in Minish G.M.D. 255 of Jackson County, Georgia, being Lots 14 and 17 of Ridge Mill Manor Subdivision, Phase I, as per plat recorded in Plat Book 62, Page 175, Records of Jackson County, Georgia, which plat is by reference incorporated herein and made a part hereof (“Land”).
Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures and building, construction, and landscaping supplies and materials of any kind whatsoever, and equipment, machinery and appliances of every kind and nature whatsoever now or hereafter located in or on the Land or to be used on or in connection with the Land, including, but not limited to, all gas, electric, solar, oil burning and wood burning apparatuses, ranges and other cooking apparatuses, dishwashers, trash compactors, disposals, refrigerators, freezers, bathroom fixtures and equipment, plumbing and heating fixtures, carpeting and other floor coverings, curtains and draperies and related equipment, washers, dryers, water heaters, elevators and motors, chandeliers and all other ceiling, wall and exterior lighting devices, mirrors, mantels, air conditioning apparatus (including humidity control equipment) attic and ceiling fans, window screens and screen doors, awnings and storm windows and doors, alarm devices of all types, garage door openers, sprinkler systems, central vacuum systems, cabinets and shelving, paneling and wall coverings, all of which are hereby declared and shall be deemed fixtures and accessions to the freehold and a part of the Land as between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described.
Together with all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, minerals, royalties, easements, privileges, liberties, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor and the reversion and reversions, remainder and remainders, the rents, issues, profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same; reserving only the right to Grantor to collect the same so long as Grantor is not in default hereunder (hereinafter referred to as “Property”).
The above-referenced Property will be sold subject to the following: all, if any, outstanding ad valorem taxes and/or assessments; all, if any, other prior liens, easements, covenants, restrictions, encumbrances, zoning ordinances or other matters of record to which the Security Deed is junior in priority; and all, if any, matters affecting said Property which would be disclosed by an accurate survey and inspection of said Property. Said Property will be sold as the property of JPL Homes, Inc. and the proceeds will be applied to the payment of the described indebtedness, attorney’s fees, and all expenses of this sale. Any remaining or surplus proceeds will be applied pursuant to the Security Deed and pursuant to the laws of the State of Georgia.
The above-referenced Property will be sold on an “as is, where is” basis without recourse against Grantee and without representation or warranty of any kind or nature whatsoever by Grantee with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by JPL Homes, Inc. who is the party in possession or a tenant or tenants.
Branch Banking and Trust Company as Assignee of the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, as attorney-in-fact for JPL Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, P.C.
One Premier Plaza
5605 Glenridge Drive, Suite 690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26)
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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 DONNA JEAN WOOD to CITIFINANCIAL SERVICES, INC., dated June 30, 2008, recorded in Deed Book 52-T, Page 757, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND THREE HUNDRED SEVENTY-EIGHT AND 95/100 DOLLARS ($119,378.95), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia, within the legal hours of sale on the first Tuesday in June, 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Donna Jean Wood or a tenant or tenants and said property is more commonly known as 358 White Street, Hoschton, GA 30548.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND 877-675-3656. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. 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.
CitiFinancial, Inc as Attorney in Fact for Donna Jean Wood Barry King Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net BK/SA Apr/19/2010
MHS File #: GA-91000029-10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1407th G.M.D., Jackson County, Georgia, being 0.814 acres, more or less, and more particularly described on plat of survey by Borders and Associates, Surveyors, dated November 24, 1986, and recorded in the office of the Clerk of Superior Court of Jackson County in Plat Book 26, Page 39. Said plat, as recorded, is hereby incorporated by reference for a more particular description of said property. Subject to existing easements and rights of way for public roads and utilities now in use.
BK/SA Apr/19/2010 MHS File #: GA-91000029-10
(MY5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power in Deed
to Secure Debt
Georgia, Jackson County
Because of the default in the payment of the indebtedness secured by a Deed to Secure Debt executed by HERSHEL HOWINGTON and BARBARA A. HOWINGTON to 1ST FRANKLIN FINANCIAL CORPORATION, dated February 19, 2008, and recorded in Deed Book 51-O, page 643, of the records of the Clerk of the Superior Court of Jackson County, Georgia, 1ST FRANKLIN FINANCIAL CORPORATION, pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will on the first Tuesday in June 2010, during the legal hours of sale at the Courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder for cash the property described in said deed, to-wit:
ALL that tract or parcel of land lying and being in the 257th District, G.M., Jackson County, Georgia. Bounded on the North by Potts Brothers and Armstead Daniel Estate, on the West by lands of Patsy Rucker, on the South by lands of W.H. Venable on the East by Potts Brothers. Beginning at a pine knot and running thence North 42 West 38.40 chains to a pine knot, thence North 73 1/2 degrees West 16.80 chains to a pine knot, thence South 89 degrees East 15.36 chains to a red oak tree, thence South 2 ? degrees West 13.65 chains to a red oak tree, thence South 17 degrees West 20.70 chains to the Beginning corner containing 60.66 acres exclusive of exceptions set out below and known as the Old Lancaster Place.
LESS: 1.34 acres as shown by Deed from J.W. Anthony to Herman Weldon dated April 3, 1961, recorded in Deed Book 4-J at Page 1, Jackson County Superior Court Clerk’s Deed Records, described as follows:
ALL that tract or parcel of land lying and being in the State of Georgia, County of Jackson, Harrisburg District, G.M., as follows: Beginning at a rock on the West side of Brockton and Harrisburg Highway across the road West of the Anthony Home and corner of Allen lot; thence along Allen line South 49 degrees West 3.17 to Allen Rock Corner; thence North 41 degrees West 4.25 to stake, thence North 49 degrees East 3.17 to stake or rock on road; thence along road South 41 degrees West 4.25 to the Beginning corner, containing 1.34 acres, more or less, and being from the Anthony lands.
ALSO LESS: 1 acre as described in deed from J.W. Anthony to J.C. Wilkes, dated December 21, 1953, recorded in Deed Book 3-R, page 357, Jackson County Records, described as follows:
ALL that tract or parcel of land lying and being in the 257th District G.M., Jackson County, Georgia, containing One (1) acre, more or less, and being described as follows: BEGINNING at a point on the Thyatira and Brockton Public Road, where said lands join other lands of Armstead Daniel and thence running along said road toward Brockton 210 feet to an iron pin, thence leaving said road in a easterly direction 210 feet to an iron pin; thence running in a Northerly direction a distance of 210 feet to an iron pin; thence a westerly direction 210 feet to the beginning point on the Thyatira and Brockton Public Road. Said land bounded as follows: On the North by Daniel and Potts, on the East by other lands of J.W. Anthony, on the South by other lands of J. W. Anthony and on the West by Thyatira and Brockton Paved Road.
ALSO LESS: 1 acre as described in a Deed from J.W. Anthony to Herman Weldon, dated April 9, 1964, recorded in Deed Book 4-R, page 183, Jackson County Records, described as follows: All that tract or parcel of land lying and being in the State of Georgia, County of Jackson, Harrisburg 257th District, G.M., as follows:
Beginning at the Southwest corner of Herman Weldon home lot at an iron pin; thence South 49 degrees West 2.36 chains to a stake, thence North 41 degrees West 4.25 chains to a rock, thence North 49 degrees East 2.36 chains to the North corner of the original home lot, thence along back line of said lot South 41 degrees East 4.25 chains to the beginning corner, containing one (1) acre, more or less.
ALSO LESS: 1 acre described in Deed from J.W. Anthony to Teddy Max Allen to Linda Aline Allen, by Deed dated April 1, 1960, recorded in Deed Book 4-J, Page 48, Jackson County Records, described as follows:
ALL that tract or parcel of land lying and being in the State of Georgia, County of Jackson, 257th District, G.M., as follows: Beginning at a rock on the West side of Harrisburg and Brockton Highway, thence along right of way South 41 degrees West 3.17 chains to a rock; thence North 49 degrees West 3.17 chains to a rock; thence North 41 degrees East 3.17 chains to a rock; thence South 49 degrees East 3.17 chains to the beginning corner; containing 1 acre, more or less, being from the J.W. Anthony home place and across the highway a short distance West of the Anthony home.
ALSO LESS: 32 acre, more or less, described in a Deed from J.W. Anthony to John A. Miller dated June 5, 1968, recorded in Deed Book 5-F, page 442, Jackson County Deed Records and bounded on the North by lands of Y.D. Maddox, Sr., on the East by Thyatira-Brockton Road, on the South by lands of Emory Anthony and on the West by lands of Sandy Rucker.
ALSO LESS: 5.127 acres, more or less, as described in a Deed from J.W. Anthony to Walter H. Krauss dated May 6, 1971 recorded in Deed Book 5-R at Page 212, Jackson County, Georgia Superior Court Clerk’s Deed Records. A plat of said land being recorded in Plat Book 7 at Page 26.
ALSO LESS: 1 acre of land, more or less, being retained by seller, J.W. Anthony and being described according to a plat made by Surveyor Jimmy D. Bullock dated December 1, 1972 and being recorded in Plat Book 8 at page 109, Jackson County Superior Court Clerk’s Deed Records.
The above-described real estate is more commonly known as 1429 Thyatira Brockton Road, Jefferson, Georgia 30549.
The sale will be subject to any unpaid taxes and other assessments which may be liens against the property. Notice has been given of the intention to collect attorney’s fees in accordance with the terms of the note and deed to secure debt. Said property will be sold as the property of HERSHEL HOWINGTON and the proceeds will be applied to the payment of said indebtedness, the expenses and costs of sale, including attorney’s fees. Any remaining proceeds will be applied pursuant to said deed and the laws of the State of Georgia.
The undersigned will execute a deed to the purchaser at said sale as provided for in the aforementioned deed to secure debt. Said sale will divest all the right, title and interest of the maker thereof of said property and shall vest said title in the purchaser at said sale.
1ST FRANKLIN FINANCIAL CORPORATION
As Attorney in Fact for
HERSHEL HOWINGTON and
BARBARA A. HOWINGTON
Lender Contact:
1st Franklin Financial Corporation
P.O. Box 36
Jefferson, Georgia 30549-0036
Attention: Bobby Garrett, Jr.
Telephone: 706-637-9828
RUSSELL, STELL, SMITH & MATTISON, P.C.
Attorneys for 1st Franklin Financial Corporation
98 North Broad Street
P.O. Box 644
Winder, Georgia 30680
770-867-7431
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/818-130)
Notice of Sale Under Power
State of Georgia, County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (“Security Deed”) executed by JEFFREY L. CHADWICK in favor of HAMILTON STATE BANK dated January 8, 2009, and recorded at Deed Book 54-I, pages 156-161, of the Jackson County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Jackson County, Georgia, during the legal hours of sale, on the first Tuesday in June, 2010, that being June 1, 2010, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 1407th District, GM, Jackson County, Georgia, and containing 5.0 acres, more or less, as shown on that plat and survey for William R. Behrendsen prepared by Venable and Associates, Inc., surveyors and being more particularly described as follows:
BEGINNING at iron pin located on the northeastern right-of-way line of Georgia Highway 53 (50’ right-of-way) 1883 feet northwesterly from the centerline of Bill Watkins Road at the intersection of Bill Watkins Road and Georgia Highway 53; thence north 69 degrees 21 minutes west, 247.79 feet to an iron pin on the northeastern right-of-way line of Georgia Highway 53; thence north 26 degrees 46 minutes east 757.19 feet to an iron pin; thence north 68 degrees 07 minutes east, 372.94 feet to an iron pin; thence south 26 degrees 46 minutes west, 1010.78 feet to an iron pin which is the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1407th GMD, Jackson County, Georgia, containing 0.191 acres, more or less, and being more particularly described as follows:
BEGINNING at a point 26.129 feet right of and opposite station 0+810.195 on the construction centerline of State Route 53 on Georgia Highway Project No. STP-065-3(43), thence from the POINT OF BEGINNING north 64 degrees 21 minutes 02 seconds west 245.53 feet to a point on the boundary; thence north 31 degrees 37 minutes 20 seconds east, 34.10 feet to a point on the boundary; thence south 64 degrees 20 minutes 22 seconds, 245.63 feet to a point on the boundary; thence south 31 degrees 48 minutes 30 seconds west, 34.07 feet to the POINT OF BEGINNING.
Said tract described above being the same property conveyed to the Department of Transportation by Right-of-Way Deed dated October 27, 1999, recorded at Deed Book 20-K, page 282, Jackson County, Georgia records.
Upon information and belief, said property is located at: 4.81 acres Highway 53, Hoschton, Georgia 30548.
The debt secured by said Security Deed is evidenced by a Promissory Note (the “Note”), dated January 8, 2009 in the original principal amount of $74,973.94, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of JEFFREY L. CHADWICK, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of JEFFREY L. CHADWICK and will be sold as the property of JEFFREY L. CHADWICK.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
JEFFREY L. CHADWICK
By : HAMILTON STATE BANK, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
JDC/aph/8165/12095/W122291
(MY5,12,19,26B/417-70T1)
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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 ASHLEY MICHELLE ELROD and JAMES GREGORY ELROD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SunTrust Mortgage, Inc., dated November 4, 2004, recorded in Deed Book 36-S, Page 601, 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 THIRTY-TWO THOUSAND EIGHT HUNDRED SIXTY-THREE AND 0/100 DOLLARS ($132,863.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
All that lot, lying and being in the 1691st GMD of Jackson County, Georgia, being all of Lot 36 of Cedar Hollow Subdivision as shown on the subdivision plat recorded in Plat Book 60, Page 132, Jackson County, Georgia Plat 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 way, restrictive covenants and public utilities of record, including, but not limited to that certain covenant regarding underground electrical dated April 2, 2002 to Jackson EMC recorded in Deed Book 26-I, Page 138-140, Jackson County Deed records, as well as the protective covenants for Cedar Hollow Subdivision recorded in Deed Book 27-Z, Page 83, aforesaid records. This being a portion of the property conveyed from Wayne Ivey Construction, LLC to Gregory Alan Turk d/b/a Turks Quality Homes by warranty deed dated February 3, 2003 and recorded in Deed Book 29-A, Page 810, Jackson County, Georgia Deed records.
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). Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Ashley Michelle Elrod and James Gregory Elrod or a tenant or tenants and said property is more commonly known as 201 Cedar Hollow Drive, Talmo, Georgia 30575.
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 Ashley Michelle Elrod and James Gregory Elrod Johnson & Freedman, LLC
1587 Northeast Expressway Atlanta, Georgia 30329
(770) 234-9181
www.jflegal.com MSP/kns 6/1/10
Our file no. 1198210-FT19
(MY5,12,19,26B/12062-70T1P)
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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 JOHN BLANTON MCCULLOUGH, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $40,000.00 dated 06/06/2003, and recorded in Deed Book 30-Q, page 34, Jackson County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of June, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for John Blanton McCullough, Sr. the following described property:
All that tract of parcel of land lying and being in the 455th G.M.D. of Jackson County, Georgia, being Lot 14-A and containing 5.007 acres, more or less, as per survey for Imperial Group, LTD by Cleveland S. Boutwell, Jr., G.R.L.S. #1704, dated May 28, 1976. A copy of said plat is recorded in Plat Book 9, page 384 of the Jackson County Superior Court Records and incorporated herein and made a part hereof as fully as if set out herein.
Property known as: 465 Horseshoe Bend Rd, Maysville, GA 30558
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 John Blanton McCullough, Sr.
CitiMortgage, Inc., as Attorney-in-fact for John Blanton McCullough, Sr.
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. 10-02743
(MY5,12,19,26B/224-50)
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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 FRED MCGILL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 11, 2006, recorded in Deed Book 45-E, Page 231, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($117,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 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: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. 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 Fred McGill a/k/a Fred McGill Jr. or a tenant or tenants and said property is more commonly known as 62 Guy Maddox Road, Braselton, Georgia 30517.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Huntington National Bank successor by merger to Huntington Mortgage Corporation as Attorney in Fact for Fred McGill
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kgo 6/1/10 Our file no. 51338810-FT17
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1765th District, G.M., Jackson County, Georgia, containing 2.44 acres according to Boundary Survey dated August 3, 1990, prepared for Thomas Timothy Worley and Janice E. Worley by Venable & Associates, Inc., Allen L. Venable, Jr., Georgia Registered Land Surveyor No. 1761, and being more particularly described as follows: Begin at an iron pin found on the Southerly right of way of Guy Maddox Road (having a 40 foot right of way), said iron pin being located 48 feet southeasterly of the intersection of the southerly right of way of Guy Maddox Road line with the easterly right of way line of New Cut Road; thence running along the southerly right of way line of Guy Maddox Road the following courses and distances: south 79 degrees 38 minutes east, a distance of 132.8 feet to a point; thence south 80 degrees 44 minutes east, a distance of 96.2 feet to a point; thence south 69 degrees 12 minutes east a distance of 60.5 feet to a point; thence south 42 degrees 36 minutes east, a distance of 184.4 feet to a nail and iron pin found’ thence south 32 degrees 35 minutes west, a distance of 213.2 feet to an iron pin found; thence leaving said right of way line and running north 73 degrees 41 minutes east, a distance of 308.4 feet to an iron pin found; thence running north 01 degrees 46 minutes east, a distance of 309.9 feet to an iron pin found on the southerly right of way line of Guy Maddox Road, said iron pin being the Point of Beginning.
(MY5,12,19,26B/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 TINA W. MCDANIEL and KENNETH W. MCDANIEL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 16, 2002, recorded in Deed Book 27-D, Page 39, 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 TWO HUNDRED TWENTY-ONE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($221,800.00), 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 June, 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 Tina W. McDaniel and Kenneth W. McDaniel or a tenant or tenants and said property is more commonly known as 80 Lewis Roberts 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.
Wells Fargo Bank, NA as Attorney in Fact for Tina W. McDaniel and Kenneth W. McDaniel
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ras 6/1/10 Our file no. 51310310-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 245th District, G.M., State of Georgia, County of Jackson, encompassing 12.346 acres, more or less, and being more particularly described and delineated according to a plat and survey prepared by Venable & Associates, Inc., certified by Allen L. Venable, Jr., GRLS No. 1761, dated May 15, 1996, entitled “Boundary Survey for Kenneth W. McDaniel and Tina W. McDaniel,” said plat being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 48, Page 58; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description. Less and Except: All that tract or parcel of land lying and being in the 245th District, G.M., State of Georgia, County of Jackson, encompassing 1.50 acres and being more particularly described and delineated according to a plat and survey prepared by W.T. Dunahoo and Associates, Inc., certified by W.T. Dunahoo, GRLS No. 1577, dated March 8, 2000, entitled “Survey for Kenneth W. McDaniel & Tina W. McDaniel,” said plat being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 57, Page 122; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
(MY5,12,19,26B/12062-80T1P)
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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 SONNY J. REMILLARD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated March 26, 2004 in the amount of $162,300.00, and recorded in Deed Book 34-A, Page 255; and re-recorded on 10/25/2004 in Deed Book 36-M, Page 686, Jackson County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in June, 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 248th District, G.M., Jackson County, Georgia, designated as Lot 18, Block A of Berry`s Landing Subdivision, as shown by plat and survey entitled Final Plat for BERRY`S LANDING, prepared by W.T. Dunahoo and Associates, Inc., certified by W.T. Dunahoo, GRLS No. 1577, dated May 7, 2002 as recorded in Plat Book 60, Page 59, Jackson County, Georgia records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property. Subject to Protective Covenants dated June 5, 2002 as recorded in Deed Book 26-R, Page 605; Amended Protective Covenants recorded at Deed Book 27-L, page 654 and Deed Book 26-R, Page 605, Jackson County, Georgia records.
which has the property address of 27 Margie Court, 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 Sonny J. Remillard and Misty D. Remillard and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Sonny J. Remillard
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-07499 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under power
Georgia, Jackson County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by MANUEL GAMEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 21, 2006 in the amount of $218,320.00, and recorded in Deed Book 42-T, Page 238, 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 June, 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 248th GMD District of JACKSON County, Georgia, being Lot 42 of Southampton Falls, as per Plat thereof recorded in Plat Book 62, Page 95, JACKSON County, Georgia, records, which Plat is incorporated herein and made a part hereof by reference for a more detailed description.
which has the property address of 72 Bristol Court, 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 Manuel Gamez 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 Manuel Gamez
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-14856 /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.
(MY5,12,19,26B/1325-50)
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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 SARITH PHAI and KENA M. MEAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 21, 2006, recorded in Deed Book 46-X, Page 353, Jackson County, Georgia Records, as last transferred to PHH Mortgage Corporation by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($181,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 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: PHH Mortgage Corporation, Mailstop SV01, 2001 Leadenhall Rd, Mount Laurel, NJ 08054, 800-750-2518. 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 Sarith Phai and Kena M. Meas or a tenant or tenants and said property is more commonly known as 70 Feldspar Drive, 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.
PHH Mortgage Corporation as Attorney in Fact for Sarith Phai and Kena M. Meas McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/mhd 6/1/10 Our file no. 51537009-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 242nd District, G.M., Jackson County, Georgia, being Lot 2 Block D, Unit Two of Redstone Subdivision and more particularly described and delineated according to a plat and survey entitled “Final Plan for Redstone-Unit Two” prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, Georgia Registered Land Surveyor No. 1577, recorded on February 11, 2005 in Plat Book 64, Page 195, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
(MY5,12,19,26B/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 LANCE D. PHILLIPS and STACEY B. PHILLIPS to Fifth Third Mortgage Company, dated January 2, 2007, recorded in Deed Book 47-E, Page 277, Jackson County, Georgia Records, as last transferred to Fifth Third Mortgage Company by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINETY-TWO THOUSAND AND 0/100 DOLLARS ($292,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 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: Fifth Third Bank, Mail Drop 1MOC20, 5050 Kingsley Drive, Cincinnati, OH 45263, 800-375-1745opt3. 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 Lance D. Phillips and Stacey B. Phillips or a tenant or tenants and said property is more commonly known as 54 Jefferson Boulevard, Jefferson, Georgia 30546. 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.
Fifth Third Mortgage Company as Attorney in Fact for Lance D. Phillips and Stacey B. Phillips
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/wa2 6/1/10 Our file no. 5720010-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia designated as Lot 22, as shown on final plat for The Heritage at Jefferson, dated September 13, 1999, by Venable & Associates, Inc. Surveyors, and recorded in the Office of the clerk of Superior court of Jackson County, Georgia, in Plat Book 54, at Page 151. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights of way for public roads and utilities now in use. Also subject to Restrictive Covenants for The Heritage at Jefferson as recorded in Deed Book 20-V, at Pages 191-195, Jackson County Records.
(MY5,12,19,26B/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 that certain Construction Deed to Secure Debt and Security Agreement from JPL HOMES, INC. (“Grantor”) to BRANCH BANKING AND TRUST COMPANY, as Assignee of the Federal Deposit Insurance Corporation, as Receiver for Colonial Bank (the assignment to Branch Banking and Trust Company having been recorded in the real estate records of Jackson County in Deed Book 0056-N, Page 0339-0343, in the offices of the Clerk of the Superior Court of Jackson County, Georgia) (“Grantee”) dated May 19, 2005, and recorded in Deed Book 38-X, Pages 235-239, aforesaid Records (the “Security Deed”), conveying the after-described property to secure a Non-Consumer Real Estate Note in the principal amount of One Hundred Ninety One Thousand Nine Hundred Twenty ($191,920.00) Dollars, with interest thereon as set forth therein and all modifications thereto (the “Note”), the undersigned, pursuant to said Security Deed has declared the entire amount of said indebtedness due and payable because of default in the payment of said indebtedness. Further, pursuant to that Power of Sale, the undersigned will, on the first Tuesday in June, 2010 during the legal hours of sale before the courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder, for cash, the following property described in said Security Deed, to wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 255th G. M. D., Jackson County, Georgia, being designated as Lot 24 in Ridge Mill Manor Subdivision, shown on a plat recorded in Plat Book 62, Page 175, Jackson County Records, which plat and record are by reference incorporated herein (“Land”).
Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures and building, construction, and landscaping supplies and materials of any kind whatsoever, and equipment, machinery and appliances of every kind and nature whatsoever now or hereafter located in or on the Land or to be used on or in connection with the Land, including, but not limited to, all gas, electric, solar, oil burning and wood burning apparatuses, ranges and other cooking apparatuses, dishwashers, trash compactors, disposals, refrigerators, freezers, bathroom fixtures and equipment, plumbing and heating fixtures, carpeting and other floor coverings, curtains and draperies and related equipment, washers, dryers, water heaters, elevators and motors, chandeliers and all other ceiling, wall and exterior lighting devices, mirrors, mantels, air conditioning apparatus (including humidity control equipment) attic and ceiling fans, window screens and screen doors, awnings and storm windows and doors, alarm devices of all types, garage door openers, sprinkler systems, central vacuum systems, cabinets and shelving, paneling and wall coverings, all of which are hereby declared and shall be deemed fixtures and accessions to the freehold and a part of the Land as between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described.
Together with all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, minerals, royalties, easements, privileges, liberties, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor and the reversion and reversions, remainder and remainders, the rents, issues, profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same; reserving only the right to Grantor to collect the same so long as Grantor is not in default hereunder (hereinafter referred to as “Property”).
The above-referenced Property will be sold subject to the following: all, if any, outstanding ad valorem taxes and/or assessments; all, if any, other prior liens, easements, covenants, restrictions, encumbrances, zoning ordinances or other matters of record to which the Security Deed is junior in priority; and all, if any, matters affecting said Property which would be disclosed by an accurate survey and inspection of said Property. Said Property will be sold as the property of JPL Homes, Inc. and the proceeds will be applied to the payment of the described indebtedness, attorney’s fees, and all expenses of this sale. Any remaining or surplus proceeds will be applied pursuant to the Security Deed and pursuant to the laws of the State of Georgia.
The above-referenced Property will be sold on an “as is, where is” basis without recourse against Grantee and without representation or warranty of any kind or nature whatsoever by Grantee with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by JPL Homes, Inc. who is the party in possession or a tenant or tenants.
Branch Banking and Trust Company as Assignee of the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, as attorney-in-fact for JPL Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, P.C.
One Premier Plaza
5605 Glenridge Drive, Suite 690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the Power of Sale contained in that certain Construction Deed to Secure Debt and Security Agreement from JPL HOMES, INC. (“Grantor”) to BRANCH BANKING AND TRUST COMPANY, as Assignee of the Federal Deposit Insurance Corporation, as Receiver for Colonial Bank (the assignment to Branch Banking and Trust Company having been recorded in the real estate records of Jackson County in Deed Book 0056-N, Page 0339-0343, in the offices of the Clerk of the Superior Court of Jackson County, Georgia) (“Grantee”) dated May 7, 2008, and recorded in Deed Book 0052-L, Pages 0041-0049, aforesaid Records (the “Security Deed”), conveying the after-described property to secure a Non-Consumer Real Estate Note in the principal amount of Two Hundred Fifteen Thousand Two Hundred ($215,200.00) Dollars, with interest thereon as set forth therein and all modifications thereto (the “Note”), the undersigned, pursuant to said Security Deed has declared the entire amount of said indebtedness due and payable because of default in the payment of said indebtedness. Further, pursuant to that Power of Sale, the undersigned will, on the first Tuesday in June, 2010 during the legal hours of sale before the courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder, for cash, the following property described in said Security Deed, to wit:
All that tract or parcel of land lying and being in the 255th District, G. M., Jackson County, Georgia, being Lot 23, Phase 1 of Ridge Mill Manor Subdivision, as per plat thereof recorded in Plat Book 62, Page 175, in the Office of the Clerk of the Superior Court for Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description (“Land”).
Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures and building, construction, and landscaping supplies and materials of any kind whatsoever, and equipment, machinery and appliances of every kind and nature whatsoever now or hereafter located in or on the Land or to be used on or in connection with the Land, including, but not limited to, all gas, electric, solar, oil burning and wood burning apparatuses, ranges and other cooking apparatuses, dishwashers, trash compactors, disposals, refrigerators, freezers, bathroom fixtures and equipment, plumbing and heating fixtures, carpeting and other floor coverings, curtains and draperies and related equipment, washers, dryers, water heaters, elevators and motors, chandeliers and all other ceiling, wall and exterior lighting devices, mirrors, mantels, air conditioning apparatus (including humidity control equipment) attic and ceiling fans, window screens and screen doors, awnings and storm windows and doors, alarm devices of all types, garage door openers, sprinkler systems, central vacuum systems, cabinets and shelving, paneling and wall coverings, all of which are hereby declared and shall be deemed fixtures and accessions to the freehold and a part of the Land as between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described.
Together with all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, minerals, royalties, easements, privileges, liberties, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor and the reversion and reversions, remainder and remainders, the rents, issues, profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same; reserving only the right to Grantor to collect the same so long as Grantor is not in default hereunder (hereinafter referred to as “Property”).
The above-referenced Property will be sold subject to the following: all, if any, outstanding ad valorem taxes and/or assessments; all, if any, other prior liens, easements, covenants, restrictions, encumbrances, zoning ordinances or other matters of record to which the Security Deed is junior in priority; and all, if any, matters affecting said Property which would be disclosed by an accurate survey and inspection of said Property. Said Property will be sold as the property of JPL Homes, Inc. and the proceeds will be applied to the payment of the described indebtedness, attorney’s fees, and all expenses of this sale. Any remaining or surplus proceeds will be applied pursuant to the Security Deed and pursuant to the laws of the State of Georgia.
The above-referenced Property will be sold on an “as is, where is” basis without recourse against Grantee and without representation or warranty of any kind or nature whatsoever by Grantee with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by JPL Homes, Inc. who is the party in possession or a tenant or tenants.
Branch Banking and Trust Company as Assignee of the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, as attorney-in-fact for JPL Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, P.C
One Premier Plaza
5605 Glenridge Drive, Suite 690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the Power of Sale contained in that certain Construction Deed to Secure Debt and Security Agreement from JPL HOMES, INC. (“Grantor”) to BRANCH BANKING AND TRUST COMPANY, as Assignee of the Federal Deposit Insurance Corporation, as Receiver for Colonial Bank (the assignment to Branch Banking and Trust Company having been recorded in the real estate records of Jackson County in Deed Book 0056-N, Page 0339-0343, in the offices of the Clerk of the Superior Court of Jackson County, Georgia) (“Grantee”) dated February 16, 2004, and recorded in Deed Book 33-N, Pages 359-364, aforesaid Records (the “Security Deed”), conveying the after-described property to secure a Non-Consumer Real Estate Note in the principal amount of Three Hundred Fifty Five Thousand ($355,000.00) Dollars, with interest thereon as set forth therein and all modifications thereto (the “Note”), the undersigned, pursuant to said Security Deed has declared the entire amount of said indebtedness due and payable because of default in the payment of said indebtedness. Further, pursuant to that Power of Sale, the undersigned will, on the first Tuesday in June, 2010 during the legal hours of sale before the courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder, for cash, the following property described in said Security Deed, to wit:
All those tracts or parcels of land lying and being in Minish G.M.D. 255 of Jackson County, Georgia, being Lots 14 and 17 of Ridge Mill Manor Subdivision, Phase I, as per plat recorded in Plat Book 62, Page 175, Records of Jackson County, Georgia, which plat is by reference incorporated herein and made a part hereof (“Land”).
Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures and building, construction, and landscaping supplies and materials of any kind whatsoever, and equipment, machinery and appliances of every kind and nature whatsoever now or hereafter located in or on the Land or to be used on or in connection with the Land, including, but not limited to, all gas, electric, solar, oil burning and wood burning apparatuses, ranges and other cooking apparatuses, dishwashers, trash compactors, disposals, refrigerators, freezers, bathroom fixtures and equipment, plumbing and heating fixtures, carpeting and other floor coverings, curtains and draperies and related equipment, washers, dryers, water heaters, elevators and motors, chandeliers and all other ceiling, wall and exterior lighting devices, mirrors, mantels, air conditioning apparatus (including humidity control equipment) attic and ceiling fans, window screens and screen doors, awnings and storm windows and doors, alarm devices of all types, garage door openers, sprinkler systems, central vacuum systems, cabinets and shelving, paneling and wall coverings, all of which are hereby declared and shall be deemed fixtures and accessions to the freehold and a part of the Land as between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described.
Together with all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, minerals, royalties, easements, privileges, liberties, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor and the reversion and reversions, remainder and remainders, the rents, issues, profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same; reserving only the right to Grantor to collect the same so long as Grantor is not in default hereunder (hereinafter referred to as “Property”).
The above-referenced Property will be sold subject to the following: all, if any, outstanding ad valorem taxes and/or assessments; all, if any, other prior liens, easements, covenants, restrictions, encumbrances, zoning ordinances or other matters of record to which the Security Deed is junior in priority; and all, if any, matters affecting said Property which would be disclosed by an accurate survey and inspection of said Property. Said Property will be sold as the property of JPL Homes, Inc. and the proceeds will be applied to the payment of the described indebtedness, attorney’s fees, and all expenses of this sale. Any remaining or surplus proceeds will be applied pursuant to the Security Deed and pursuant to the laws of the State of Georgia.
The above-referenced Property will be sold on an “as is, where is” basis without recourse against Grantee and without representation or warranty of any kind or nature whatsoever by Grantee with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by JPL Homes, Inc. who is the party in possession or a tenant or tenants.
Branch Banking and Trust Company as Assignee of the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, as attorney-in-fact for JPL Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, P.C.
One Premier Plaza
5605 Glenridge Drive, Suite 690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DONNA JEAN WOOD to CITIFINANCIAL SERVICES, INC., dated June 30, 2008, recorded in Deed Book 52-T, Page 757, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND THREE HUNDRED SEVENTY-EIGHT AND 95/100 DOLLARS ($119,378.95), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia, within the legal hours of sale on the first Tuesday in June, 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Donna Jean Wood or a tenant or tenants and said property is more commonly known as 358 White Street, Hoschton, GA 30548.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND 877-675-3656. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. 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.
CitiFinancial, Inc as Attorney in Fact for Donna Jean Wood Barry King Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net BK/SA Apr/19/2010
MHS File #: GA-91000029-10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1407th G.M.D., Jackson County, Georgia, being 0.814 acres, more or less, and more particularly described on plat of survey by Borders and Associates, Surveyors, dated November 24, 1986, and recorded in the office of the Clerk of Superior Court of Jackson County in Plat Book 26, Page 39. Said plat, as recorded, is hereby incorporated by reference for a more particular description of said property. Subject to existing easements and rights of way for public roads and utilities now in use.
BK/SA Apr/19/2010 MHS File #: GA-91000029-10
(MY5,12,19,26B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power in Deed
to Secure Debt
Georgia, Jackson County
Because of the default in the payment of the indebtedness secured by a Deed to Secure Debt executed by HERSHEL HOWINGTON and BARBARA A. HOWINGTON to 1ST FRANKLIN FINANCIAL CORPORATION, dated February 19, 2008, and recorded in Deed Book 51-O, page 643, of the records of the Clerk of the Superior Court of Jackson County, Georgia, 1ST FRANKLIN FINANCIAL CORPORATION, pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will on the first Tuesday in June 2010, during the legal hours of sale at the Courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder for cash the property described in said deed, to-wit:
ALL that tract or parcel of land lying and being in the 257th District, G.M., Jackson County, Georgia. Bounded on the North by Potts Brothers and Armstead Daniel Estate, on the West by lands of Patsy Rucker, on the South by lands of W.H. Venable on the East by Potts Brothers. Beginning at a pine knot and running thence North 42 West 38.40 chains to a pine knot, thence North 73 1/2 degrees West 16.80 chains to a pine knot, thence South 89 degrees East 15.36 chains to a red oak tree, thence South 2 ? degrees West 13.65 chains to a red oak tree, thence South 17 degrees West 20.70 chains to the Beginning corner containing 60.66 acres exclusive of exceptions set out below and known as the Old Lancaster Place.
LESS: 1.34 acres as shown by Deed from J.W. Anthony to Herman Weldon dated April 3, 1961, recorded in Deed Book 4-J at Page 1, Jackson County Superior Court Clerk’s Deed Records, described as follows:
ALL that tract or parcel of land lying and being in the State of Georgia, County of Jackson, Harrisburg District, G.M., as follows: Beginning at a rock on the West side of Brockton and Harrisburg Highway across the road West of the Anthony Home and corner of Allen lot; thence along Allen line South 49 degrees West 3.17 to Allen Rock Corner; thence North 41 degrees West 4.25 to stake, thence North 49 degrees East 3.17 to stake or rock on road; thence along road South 41 degrees West 4.25 to the Beginning corner, containing 1.34 acres, more or less, and being from the Anthony lands.
ALSO LESS: 1 acre as described in deed from J.W. Anthony to J.C. Wilkes, dated December 21, 1953, recorded in Deed Book 3-R, page 357, Jackson County Records, described as follows:
ALL that tract or parcel of land lying and being in the 257th District G.M., Jackson County, Georgia, containing One (1) acre, more or less, and being described as follows: BEGINNING at a point on the Thyatira and Brockton Public Road, where said lands join other lands of Armstead Daniel and thence running along said road toward Brockton 210 feet to an iron pin, thence leaving said road in a easterly direction 210 feet to an iron pin; thence running in a Northerly direction a distance of 210 feet to an iron pin; thence a westerly direction 210 feet to the beginning point on the Thyatira and Brockton Public Road. Said land bounded as follows: On the North by Daniel and Potts, on the East by other lands of J.W. Anthony, on the South by other lands of J. W. Anthony and on the West by Thyatira and Brockton Paved Road.
ALSO LESS: 1 acre as described in a Deed from J.W. Anthony to Herman Weldon, dated April 9, 1964, recorded in Deed Book 4-R, page 183, Jackson County Records, described as follows: All that tract or parcel of land lying and being in the State of Georgia, County of Jackson, Harrisburg 257th District, G.M., as follows:
Beginning at the Southwest corner of Herman Weldon home lot at an iron pin; thence South 49 degrees West 2.36 chains to a stake, thence North 41 degrees West 4.25 chains to a rock, thence North 49 degrees East 2.36 chains to the North corner of the original home lot, thence along back line of said lot South 41 degrees East 4.25 chains to the beginning corner, containing one (1) acre, more or less.
ALSO LESS: 1 acre described in Deed from J.W. Anthony to Teddy Max Allen to Linda Aline Allen, by Deed dated April 1, 1960, recorded in Deed Book 4-J, Page 48, Jackson County Records, described as follows:
ALL that tract or parcel of land lying and being in the State of Georgia, County of Jackson, 257th District, G.M., as follows: Beginning at a rock on the West side of Harrisburg and Brockton Highway, thence along right of way South 41 degrees West 3.17 chains to a rock; thence North 49 degrees West 3.17 chains to a rock; thence North 41 degrees East 3.17 chains to a rock; thence South 49 degrees East 3.17 chains to the beginning corner; containing 1 acre, more or less, being from the J.W. Anthony home place and across the highway a short distance West of the Anthony home.
ALSO LESS: 32 acre, more or less, described in a Deed from J.W. Anthony to John A. Miller dated June 5, 1968, recorded in Deed Book 5-F, page 442, Jackson County Deed Records and bounded on the North by lands of Y.D. Maddox, Sr., on the East by Thyatira-Brockton Road, on the South by lands of Emory Anthony and on the West by lands of Sandy Rucker.
ALSO LESS: 5.127 acres, more or less, as described in a Deed from J.W. Anthony to Walter H. Krauss dated May 6, 1971 recorded in Deed Book 5-R at Page 212, Jackson County, Georgia Superior Court Clerk’s Deed Records. A plat of said land being recorded in Plat Book 7 at Page 26.
ALSO LESS: 1 acre of land, more or less, being retained by seller, J.W. Anthony and being described according to a plat made by Surveyor Jimmy D. Bullock dated December 1, 1972 and being recorded in Plat Book 8 at page 109, Jackson County Superior Court Clerk’s Deed Records.
The above-described real estate is more commonly known as 1429 Thyatira Brockton Road, Jefferson, Georgia 30549.
The sale will be subject to any unpaid taxes and other assessments which may be liens against the property. Notice has been given of the intention to collect attorney’s fees in accordance with the terms of the note and deed to secure debt. Said property will be sold as the property of HERSHEL HOWINGTON and the proceeds will be applied to the payment of said indebtedness, the expenses and costs of sale, including attorney’s fees. Any remaining proceeds will be applied pursuant to said deed and the laws of the State of Georgia.
The undersigned will execute a deed to the purchaser at said sale as provided for in the aforementioned deed to secure debt. Said sale will divest all the right, title and interest of the maker thereof of said property and shall vest said title in the purchaser at said sale.
1ST FRANKLIN FINANCIAL CORPORATION
As Attorney in Fact for
HERSHEL HOWINGTON and
BARBARA A. HOWINGTON
Lender Contact:
1st Franklin Financial Corporation
P.O. Box 36
Jefferson, Georgia 30549-0036
Attention: Bobby Garrett, Jr.
Telephone: 706-637-9828
RUSSELL, STELL, SMITH & MATTISON, P.C.
Attorneys for 1st Franklin Financial Corporation
98 North Broad Street
P.O. Box 644
Winder, Georgia 30680
770-867-7431
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/818-130)
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