Jackson County Public Notices 05-26-10 pt 3

Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia, County of Jackson
Under and by virtue of the Power of Sale contained in the Deed to Secure Debt from WINMARK HOMES, INC. to CRESCENT BANK, dated October 23, 2007, and recorded in Deed Book 50-O, Page 161, in the offices of the Clerk of the Superior Court of Jackson County, Georgia, as modified by that certain Modification of Deed to Secure Debt, dated May 27, 2009, and recorded in Deed Book 55-J, Page 0463, aforesaid records (collectively, the “Security Deed”); the undersigned will sell at public outcry to the highest and best 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, the following described real property, to wit:
All that tract or parcel of land lying and being in 1785 GMD, Jackson County, Georgia, and being Lots 1 and 2 of Block A, Unit 3, Lots 4 through 12 of Block A, Unit 1, Lots 48 through 58 of Block A, Unit 2, Lot 93 of Block A, Unit 1, Lots 94 through 126 of Block A, Unit 3, Lots 131 through 141, Lots 147 through 149, and Lots 152 through 155, all of Block B Unit 2, and Lot 204 of Block A, Unit 3, Liberty Estates Subdivision, per plats of the Subdivision recorded in Plat Book 68, Pages 180 through 185, Plat Book 70, Pages 4 through 7, and Plat Book 70, Pages 69 through 71, which plats are incorporated herein by reference and made a part hereof.
LESS AND EXCEPT: Lots 58, 141, 147, 148, 149, 152, 153, 154 and 155, Liberty Estates Subdivision.
In addition, under and by virtue of the power of sale contained in the Security Deed, the undersigned will also sell at public outcry to the highest bidder for cash before the door of the Courthouse of Jackson County, Georgia, immediately following the sale of the above-described real property, the following described personal property owned by Winmark Homes, Inc., or its successors-in-title and secured by the Security Deed, to wit:
All personal property described in and subject to the Security Deed, which is hereby incorporated by this reference.
Less and except any fixtures subject to the security interest on the above-described real property.
The debt secured by the Security Deed is evidenced by a renewal Promissory Note from Winmark Homes, Inc. in favor of Crescent Bank - North Fulton, dated May 27, 2009, in the original principal amount of $2,952,790.00 (the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of Winmark Homes, Inc., the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by Winmark Homes, Inc.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is Winmark Homes, Inc., and tenants holding under it.
All personal property will be sold in one lot to the highest and best bidder for cash as the property of Winmark Homes, Inc., or its successors-in-title, on an “as is, where is” basis and without representation, warranty or recourse, express or implied, of the undersigned, and subject to all matters of record affecting said personal property, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees and the lawful expenses of said sale, all as provided in the Security Deed.
Crescent Bank, aka Crescent Bank - North Fulton, as Attorney-in-Fact for Winmark Homes, Inc.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MY5,12,19,25P4)

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Notice of Sale
Advertisement of Sale Under Power of Sale 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 (hereinafter known as the “Security Deed”) from GRACE HOMES, LLC to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated September 28, 2007 and recorded on October 23, 2007 in Deed Book 50-L, Pages 697-699, as last amended by Modification of Deed to Secure Debt recorded on July 16, 2009 in Deed Book 55-S, Pages 48-49, Jackson County, Georgia Records. This Security Deed secures a Note dated July 8, 2009 in the original principal amount of $252,947.68, plus interest; there will be sold by the undersigned at public outcry to the highest and best 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 and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 245th GM District, Jackson County, Georgia, containing 2.739 acres, more or less, shown as Lot 6, as per plat prepared for Regency Estates by Venable & Associates, Inc., GRLS, dated 02/20/02 and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia in Plat Book 60, Page 74. Said plat as recorded is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. 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. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Grace Homes, LLC and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Grace Homes, LLC.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Grace Homes, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(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 CASSIE M. FOWLER and JAMES M. FOWLER, III and ALICE F. MITCHELL and GARY E. MITCHELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated May 18, 2006, in the amount of $172,296.00, and recorded in Deed Book 44-K, Page 575, Jackson County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. as nominee for GMAC Mortgage, LLC by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. as nominee for GMAC Mortgage, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in 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 245th District, G.M., Jackson County, Georgia, being known as Lot 12, Jefferson Place Subdivision, as per plat recorded in Plat Book 64, Page 232, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference.
According to Schedule A attached hereto and made a part hereof. The said Cassie M. Fowler, acting herein by her attorney-in-fact for Gary E. Mitchell and Alice F. Mitchell, duly appointed by Power of Attorney dated 18th of May 2006, and intended to be forthwith recorded in the Office for the recording of deeds in and for the County of Jackson County, GA.
which has the property address of 196 Red Bud Road, Jefferson, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. 
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Cassie M. Fowler and James M. Fowler, III and Alice F. Mitchell and Gary E. Mitchell  and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. as nominee for GMAC Mortgage, LLC Attorney in Fact for Cassie M. Fowler and James M. Fowler, III and Alice F. Mitchell and Gary E. Mitchell
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-03916 /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.
(MY5,12,19,25B/1325-60)

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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 TIM WHEELUS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., as nominee for The COMMUNITY BANK, dated October 23, 2002, recorded in Deed Book 28-B, Page 326, Jackson County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association, the current lender, as the purchaser of the loans and other assets of Washington Mutual Bank, fka Washington Mutual Bank, FA as successor in interest to Long Beach Mortgage Company from the Federal Deposit Insurance Corporation, acting as receiver for Washington Mutual Bank and pursuant to its authority under the Federal Deposit Insurance Act, 12 USC Sec. 1821 (d) 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 FIFTY-NINE THOUSAND AND 0/100 DOLLARS ($159,000.00), 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 the 242 GMD, Jackson County, Georgia, containing 6.39 acres, more or less, as shown on plat and survey of W.T. Dunahoo and Associates, Surveyors, dated August 29, 1997, recorded in Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 51, Page 91. For a more detailed description to said tract, reference is hereby made to said plat as recorded. This is the same property described in a deed dated August 29, 1997 from Stephen E. Joyce to Tim Wheelus, said deed recorded on the Deed Records of Jackson County, Georgia.
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). JPMorgan Chase Bank, National Association can be contacted at 800-848-9136 or by writing to 7255 Baymeadows Way, Jacksonville, FL 32256, 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 Tim Wheelus or a tenant or tenants and said property is more commonly known as 371 Underwood Rd., Jefferson, Georgia 30549-5249. 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.
JPMorgan Chase Bank, National Association, the current lender, as the purchaser of the loans and other assets of Washington Mutual Bank, fka Washington Mutual Bank, FA as successor in interest to Long Beach Mortgage Company from the Federal Deposit Insurance Corporation, acting as receiver for Washington Mutual Bank and pursuant to its authority under the Federal Deposit Insurance Act, 12 USC Sec. 1821 (d) as Attorney in Fact for Tim Wheelus
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/skr 6/1/10
Our file no. 1201010-FT8
(MY5,12,19,25B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SAVORN LONG to WELLS FARGO HOME MORTGAGE, INC., dated March 26, 2002, recorded in Deed Book 26H, Page 189, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-FIVE THOUSAND AND 0/100 DOLLARS ($45,000.00), 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: 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 Savorn Long and Sameth Long or a tenant or tenants and said property is more commonly known as 161 Hightower Tr., 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, N.A. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for Savorn Long
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ras 6/1/10 Our file no. 5779107-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 245th District, G.M., Jackson County, Georgia, in the town of Arcada, containing 1.81 acres, more or less, and designated as Lot 3, as shown on that plat of survey of Hightower Forest, Unit 1, by W.T. Dunahoo and Associates, Inc., Surveyors, dated February 12, 1988, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 29, Page 59, said plat as recorded , is hereby referenced for a more detailed description to said property. Subject to existing easements and rights of way for public roads and utilities now in use. Also subject to restrictive covenants recorded in Deed Book 10-E, Page 83, Jackson County, Georgia Records. MR/ras 6/1/10 Our file no. 5779107 - FT7
(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 TARA L. MCALISTER to WELLS FARGO BANK, N.A., dated October 25, 2007, recorded in Deed Book 0050-R, Page 0180, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTEEN THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($117,200.00), 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 Tara L. McAlister or a tenant or tenants and said property is more commonly known as 372 Grandview Dr., 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, N.A. as Attorney in Fact for Tara L. McAlister
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ras 6/1/10
Our file no. 5338910-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 257th GMD of Jackson County, Georgia, being Lot 14 of Grandview, as per plat thereof recorded in Plat Book 64, Page 13, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference for a more detailed description. MR/ras 6/1/10 Our file no. 5338910 - FT7
(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 CORNEL OROIAN and ANGELA OROIAN to WELLS FARGO BANK, NA, dated March 20, 2009, recorded in Deed Book 0054-V, Page 0223, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED SEVENTY THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($270,400.00), 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 Cornel Oroian and Angela Oroian or a tenant or tenants and said property is more commonly known as 256 Cherokee Trail, 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.
Wells Fargo Bank, NA as Attorney in Fact for Cornel Oroian and Angela Oroian
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ras 6/1/10
Our file no. 5838810-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1407th District, G.M., Jackson County, Georgia designated as Lot 10 of Indian Creek Manor, as shown on a plat and survey recorded in the Office of the Clerk of the Superior Court of Jackson County, Georgia in Plat Book 50, Page 291, which plat and the recording are by reference incorporated herein for a more complete description of the subject property. Subject to protective covenants and restrictions for Indian Creek Manor as recorded in Deed Book 19-C, Pages 175-177, Jackson County, Georgia Deed records. MR/ras 6/1/10 Our file no. 5838810 - FT7
(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 DOUGLAS MCKIBBIN to EQUIFIRST CORPORATION dated November 8, 2002, in the amount of $365,000.00, and recorded in Deed Book 28-G; rerecorded at Deed Book/Page 28L/292 , Page 458, Jackson County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee by assignment, the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee 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 255 G.M.D., Jackson County, Georgia, designated as Lot 11, 5.09 acres, Montgomery Shores, as shown on plat and survey of W.T. Dunahoo and Associates, Inc., recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 46, at Page 146. For a more detailed description to said Tract, reference is hereby made to said plat as recorded. Subject to existing easements and Rights of Way for public roads and utilities now in use. Also subject to Protective Covenants for Montgomery Shores as recorded in Deed Book 10-S, as Pages 557-561, Jackson County Records.
which has the property address of 22 Lake Vista Lane, 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 Douglas McKibbin  and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee Attorney in Fact for Douglas McKibbin
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-18595 /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/1325-60)

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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 CINDY Y. POLAND and CHAD I. POLAND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 7, 2006, recorded in Deed Book 44-V, Page 651, Jackson County, Georgia Records, and as modified by that certain Load Modification Agreement recorded in Deed Book 54-E, Page 486, Jackson County, Georgia Records as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee under the Pooling and Servicing Agreement dated as of August 1, 2006, GSAMP Trust 2006-HE5 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 NINETY-THREE THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($93,850.00), 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 Cindy Y. Poland and Chad I. Poland or a tenant or tenants and said property is more commonly known as 199 Glenfield Dr., Jefferson, Georgia 30549-6821. 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, National Association as successor by merger to LaSalle Bank National Association, as trustee under the Pooling and Servicing Agreement dated as of August 1, 2006, GSAMP Trust 2006-HE5 as Attorney in Fact for Cindy Y. Poland and Chad I. Poland
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/skr 6/1/10
Our file no. 51351310-FT8
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Jefferson in the 245th GMD of Jackson County, Georgia, being designated as Lot 8, of Glenfield Subdivision, according to that plat of survey recorded in Plat Book 64, Page 211, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. MR/skr 6/1/10 Our file no. 51351310 - FT8
(MY5,12,19,25B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CAROLINE M. CAMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 24, 2005, recorded in Deed Book 39-N, Page 723, Jackson County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as indenture trustee for the Encore Credit Receivables Trust 2005-3 by assignment recorded in Deed Book 52V, Page 724, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED SEVENTY-THREE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($373,100.00), 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: Select Portfolio Servicing, 3815 S West Temple, Salt Lake City, UT 84115, 888-818-6032. 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 Caroline M. Camp or a tenant or tenants and said property is more commonly known as 1400 Plainview Road, Maysville, Georgia 30558. 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.
Deutsche Bank National Trust Company, as indenture trustee for the Encore Credit Receivables Trust 2005-3 as Attorney in Fact for Caroline M. Camp
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tmh 6/1/10
Our file no. 5713408-FT8
EXHIBIT “A”
All that tract or parcel of land located or being in Georgia Militia District 455, Jackson County, Georgia, and being more particularly described as follows: Commence at the intersection of the centerline of Dunahoo Road and the right of way of Plainview Road (100 foot right of way) and proceed westerly along the right of way of said Plainview Road a distance of 5,326 feet to a 1/2 inches rebar found; said rebar being the point of beginning. Proceed thence along the rights of way of said Plainview Road along the arc of a curve having a radius of 555.45 feet a distance of 358.97 feet, said arc being subtended by a chord having a bearing of north 67 degrees 09 minutes 00 seconds west and a length of 365.53 feet to a point; thence north 20 degrees 44 minutes 43 seconds east 427.94 feet to a 1/2 inches rebar set; thence south 81 degrees 11 minutes 54 seconds East 586.04 feet to a 1/2 inches rebar found; thence south 41 degrees 38 minutes 00 seconds West 601.97 feet to a 1/2 inches rebar found, said point also being the point of beginning. Said tract or parcel of land contains 5.00 acres and is more particularly described on a plat of survey prepared for Caroline Camp by Venable & Associates, Inc. dated January 12, 2000. MR/tmh 6/1/10 Our file no. 5713408 - FT8
(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 PHILIP A. SHERMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 22, 2002, recorded in Deed Book 25-Q, Page 701, Jackson County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FOUR THOUSAND TWO HUNDRED FIFTY AND 0/100 DOLLARS ($74,250.00), 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 Philip A. Sherman or a tenant or tenants and said property is more commonly known as 5090 New Kings Bridge Rd., Nicholson, Georgia 30565. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Philip A. Sherman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ras 6/1/10
Our file no. 52650809-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, containing 1.496 acres, more or less, situate, lying and being in the 1704th District, G. M., Jackson County, Georgia, being particularly described on a plat entitled “Survey for Philip A. Sherman,” prepared by Ben McLeroy, Georgia Registered “Surveyor, dated November 3, 1978, last revised November 23, 1933, and recorded at Plat Book 41, Page 188, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, which said plat and the record thereof are by reference incorporated herein; and being the same property conveyed to Philip A. Sherman from Joanna Sherman by warranty deed dated April 30, 1998, recorded at Deed Book 17-V, Page 198, in said Clerk’s Office; MR/ras 6/1/10 Our file no. 52650809 - FT7
(MY5,12,19,26B/12062-70T1P)

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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 GARY MCCLURE to NATIONAL CITY MORTGAGE dated December 4, 2007, in the amount of $203,162.00, and recorded in Deed Book 51-A, Page 510, Jackson County, Georgia Records, as last transferred to PNC Mortgage, a division of PNC Bank, National Association, f/k/a National City Mortgage Co. by assignment, the undersigned, PNC Mortgage, a division of PNC Bank, National Association, f/k/a National City Mortgage Co. 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 1407 GMD, Jackson County, Georgia, being Lot 8, Indian Creek manor Subdivision, as per plat recorded in Plat Book 50, Page 291, Revised as Plat Book 54, Page 196, Jackson County, Georgia Records, which recorded plat is incorporated herein by this reference and made a part of this description. Said property being known as 208 Cherokee Trail according to the present system of numbering property in Jackson County, Georgia.
which has the property address of 208 Cherokee Trail, 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 Gary Mcclure  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, National Association, f/k/a National City Mortgage Co. Attorney in Fact for Gary Mcclure
Anthony DeMarlo, Attorney/apatterson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-04998 /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
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 ERIK T. ROWE and KRISTEN L. ROWE to WINMARK FINANCIAL, LLC, dated May 16, 2007, recorded in Deed Book 48-Y, Page 242, Jackson County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm to Wells Fargo Home Mortgage, Inc. by assignment recorded in Deed Book 0051V, Page 0319, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTY-EIGHT THOUSAND FIVE HUNDRED NINETY-THREE AND 0/100 DOLLARS ($158,593.00), 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 Erik T. Rowe and Kristen L. Rowe or a tenant or tenants and said property is more commonly known as 1414 New Liberty Way, 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.
Wells Fargo Bank, NA sbm to Wells Fargo Home Mortgage, Inc. as Attorney in Fact for Erik T. Rowe and Kristen L. Rowe
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ras 6/1/10
Our file no. 53086409-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in GMD 1785, Jackson County, Georgia, being Lot 44, Block A, Unit Two of Liberty Estates Subdivision, as per plat thereof recorded in Plat Book 66, Pages 261-264, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description. MR/ras 6/1/10 Our file no. 53086409 - FT7
(MY5,12,19,26B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the Power of Sale contained in that Security Deed executed and delivered by JOSEPH DOUGLAS DALTON and TERESA PAGE DALTON to REGIONS BANK, dated March 27, 2007, and recorded in Deed Book 48-A, Page 118, Jackson County Records, conveying the after-described property to secure a Note in the original principal amount of FORTY SIX THOUSAND FOUR HUNDRED FIFTY THREE DOLLARS and 75/00 ($46,453.75) with interest thereon as set forth therein, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in June, 2010, to the highest bidder for cash, the following described property, as follows:
All that tract or parcel of land lying and being in the 242nd District, G.M., Jackson County, Georgia, and containing 18.60 acres, more or less, as shown by plat and survey of James Flanders, Surveyor, dated November 22, 1966, being recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 5, Page 38. Said tract being bounded on the north by lands of Dooley in part and lands of Martin in part, on the southeast by lands of Elrod, on the south by lands of Sheppard, on the southwest by lands of Stancil in part and the Gainesville Midland Railroad in part also on the west by the Gainesville Midland Railroad. Said Plat is hereby incorporated by reference for a more particular description.
Also: All that tract or parcel of land lying and being in the 242nd District, G.M., Jackson County, Georgia, and being a 40 foot right of way easement leading from U.S. Highway 129 to the right of way of the Gainesville Midland Railroad. Said 40 foot right of way begins at a point on the right of way of U.S. Highway 129 which is the most southwest point of the right of way highway of that certain tract of land which was deeded to Dewitt F. Dooley from Thomas H. Barrett by that certain deed dated April 30, 1965, being recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Deed Book 4-T, Page 423, a copy of said plat being recorded in Plat Book 4, Page 240 in the Jackson County Records. Thence from this point north 18 degrees 30 minutes west 40 feet, thence from that point north 64 degrees 16 minutes east to the right of way of the Gainesville Midland Railroad, thence along said right of way south 18 degrees 30 minutes east 40 feet to a point, thence south 64 degrees 16 minutes west to the point of beginning to the right of way of U.S. Highway 129.
Upon information and belief of lender, said property is commonly known as 154 JT Elrod Road, Athens, Georgia 30607.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney’s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of Whisper Wilder by virtue of that certain QuitClaim Deed from Margie Dalton to Whisper Wilder, dated March 8, 2010, recorded in Deed Book 57-G, Page 114, Jackson County, Georgia Records, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.
Said property will be sold as the property of Joseph Douglas Dalton and Teresa Page Dalton, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
Regions Bank, as attorney in fact for Joseph Douglas Dalton and Teresa Page Dalton
MICHAEL D. PAYNE, Attorney for Regions Bank
McCullough, Payne & Haan, LLC
171 17th Street, N.W., Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(MY5,12,19,26P4)

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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia, County of Jackson
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from RUD LONGTERM INVESTMENTS, LLC (“Debtor”) to BRANCH BANKING AND TRUST COMPANY (“Lender”) dated December 12, 2005, recorded in Deed Book 41-W, Page 40, in the offices of the Clerk of the Superior Court of Jackson County, Georgia (the “Security Deed”), the undersigned will sell at public outcry before the door of the Courthouse of Jackson County, Georgia, during the legal hours of sale, on the first Tuesday in June 2010 to the highest and best bidder for cash the following property described in said Security Deed (collectively, the “Premises”), to wit:
(a) All that certain tract or parcel of land more particularly described below (hereinafter referred to as the “Land”);
All that tract or parcel of land lying and being in the 245th District, Jackson County, Georgia, being Lots 1, 2, 3, 4, 5, 9, 10, 12, 17, 18, 20 AND 21, Sterling Lake at Jefferson, as per plat recorded in Plat Book 66, Pages 171-174, Jackson County Records, said plat being incorporated herein by reference thereto.
(b) All buildings, structures and other improvements of every kind and nature whatsoever now or hereafter situated on the Land; and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be 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 either of them; and
(c)  All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way now or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now owned or hereafter acquired by Debtor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements now or hereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Debtor, of, in and to the same; and
(d)  Any and all rents which are now due or may hereafter become due by reason of the renting, leasing and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
TO HAVE AND TO HOLD all the Premises to the use, benefit and behoof of Lender, its successors and assigns, IN FEE SIMPLE forever.
The debt secured by the Security Deed is evidenced by a Promissory Note dated December 12, 2005 executed by Debtor to the order of Lender in the original principal amount of $954,450.00 (as modified and/or amended from time to time, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
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 attorneys’ fees, notice of intent to collect attorneys’ fees having been given. Said Premises will be sold subject to any outstanding ad valorem taxes and/or assessments (including taxes which are a lien but are not yet due and payable), possible redemptive rights of the Internal Revenue Service, if any, any matters which might be disclosed by an accurate survey and inspection of the Premises, and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final audit and confirmation of the status of the loan with the holder of the Security Deed.
To the best of the undersigned’s knowledge and belief, the Premises are presently owned by RUD Longterm Investments, LLC. To the best of the undersigned’s knowledge and belief, the parties in possession of the Premises are RUD Longterm Investments, LLC and tenants holding under RUD Longterm Investments, LLC.
Branch Banking and Trust Company, as Attorney-in-Fact for RUD Longterm Investments, LLC.
Michael R. Wing
Greenberg Traurig, LLP
The Forum, Suite 400
3290 Northside Parkway, N.W.
Atlanta, Georgia 30327
(678) 553-2675
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND 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 in Security Deed
State of Georgia, County of Jackson
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from RUD LONGTERM INVESTMENTS, LLC (“Debtor”) to BRANCH BANKING AND TRUST COMPANY (“Lender”) dated December 12, 2005, recorded in Deed Book 41-W, Page 27, in the offices of the Clerk of the Superior Court of Jackson County, Georgia (the “Security Deed”), the undersigned will sell at public outcry before the door of the Courthouse of Jackson County, Georgia, during the legal hours of sale, on the first Tuesday in June 2010 to the highest and best bidder for cash the following property described in said Security Deed (collectively, the “Premises”), to wit:
(a) All that certain tract or parcel of land more particularly described below (hereinafter referred to as the “Land”);
All that tract or parcel of land lying and being in the 245th District, Jackson County, Georgia, being Lots 23, 26, 27, 28, 29, 30, 32, 34, 35, 37, 38, 40, 41, 42, 43, AND 44, Sterling Lake at Jefferson, as per plat recorded in Plat Book 66, Pages 171-174, Jackson County Records, said plat being incorporated herein by reference thereto.
(b) All buildings, structures and other improvements of every kind and nature whatsoever now or hereafter situated on the Land; and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be 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 either of them; and
(c)  All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way now or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now owned or hereafter acquired by Debtor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements now or hereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Debtor, of, in and to the same; and
(d)  Any and all rents which are now due or may hereafter become due by reason of the renting, leasing and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
TO HAVE AND TO HOLD all the Premises to the use, benefit and behoof of Lender, its successors and assigns, IN FEE SIMPLE forever.
The debt secured by the Security Deed is evidenced by a Promissory Note dated December 12, 2005 executed by Debtor to the order of Lender in the original principal amount of $954,450.00 (as modified and/or amended from time to time, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
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 attorneys’ fees, notice of intent to collect attorneys’ fees having been given. Said Premises will be sold subject to any outstanding ad valorem taxes and/or assessments (including taxes which are a lien but are not yet due and payable), possible redemptive rights of the Internal Revenue Service, if any, any matters which might be disclosed by an accurate survey and inspection of the Premises, and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final audit and confirmation of the status of the loan with the holder of the Security Deed.
To the best of the undersigned’s knowledge and belief, the Premises are presently owned by RUD Longterm Investments, LLC. To the best of the undersigned’s knowledge and belief, the parties in possession of the Premises are RUD Longterm Investments, LLC and tenants holding under RUD Longterm Investments, LLC.
Branch Banking and Trust Company, as Attorney-in-Fact for RUD Longterm Investments, LLC.
Michael R. Wing
Greenberg Traurig, LLP
The Forum, Suite 400
3290 Northside Parkway, N.W.
Atlanta, Georgia 30327
(678) 553-2675
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)