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 JASON D. TEAGUE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 19, 2006, recorded in Deed Book 50-Y, Page 723, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, as trustee, on behalf of the holders of the Asset Backed Pass-Through Certificates, Series RFC 2007-HE1 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 September, 2008, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Select Portfolio Servicing, 3815 S West Temple, Salt Lake City, UT 84115, 888-349-8955. 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 Jason D. Teague or a tenant or tenants and said property is more commonly known as 17 Mandy Lane, 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.
U.S. Bank National Association, as trustee, on behalf of the holders of the Asset Backed Pass-Through Certificates, Series RFC 2007-HE1 as Attorney-in-Fact for Jason D. Teague
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bjs 9/2/08
Our file no. 52279607-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1765 of Jackson County, Georgia, and being shown and designated as Lot 26, of Pine Ridge Subdivision, Phase III, according to Plat thereof recorded in Plat Book 54, Page 111, in the Clerk Office of the Superior Court of Jackson County, Georgia.
(AU6,13,20,27B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in that certain Security Deed given by JASON D. TEAGUE in the form of an Affidavit to PEOPLES HOME CHOICE LOANS, dated September 9, 2006, recorded December 17, 2007, recorded in Deed Book 50-Y, Page 723, Jackson County, Georgia Records, and last transferred to Franklin Credit Management Corporation by assignment to be recorded, conveying the after-described property to secure a Note in the original principal amount of Twenty Six Thousand Dollars ($26,000.00), 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 September 2, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 1765 of Jackson County Georgia, and being shown and designated as Lot 26, Pine Ridge Subdivision, Phase III, according to Plat thereof recorded in Plat Book 54, Page 111, in the Clerk of Superior Court 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 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, 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 Jason D. Teague or a tenant or tenants and said property is more commonly known as 17 Mandy Lane, Braselton, Georgia 30517.
The sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code.
FRANKLIN CREDIT MANAGEMENT CORPORATION, as Attorney in Fact for Jason D. Teague.
By: Heath W. Williams
Attorney for Franklin Credit Management Corporation
Heath W. Williams, LLC
170 Mitchell Street, SW
Atlanta, Georgia 30303
(404) 525-5204
(404) 581-3801 (fax)
(AU6,13,20,27P4)
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 Construction Loan Deed to Secure Debt and Security Agreement from CLEAR CREEK BUILDERS, INC. (the “Grantor”) to and in favor of Bank of NORTH GEORGIA (the “Lender”) dated April 21, 2006, filed for record May 8, 2006, and recorded in Deed Book 43-T, Pages 148-153, Jackson County, Georgia Records (the “Security Deed”); securing that certain renewal Universal Note from Grantor to and in favor of Lender dated June 25, 2007 in the original principal sum of SEVEN HUNDRED EIGHTY THOUSAND AND 00/100 DOLLARS ($780,000.00) (the “Note”) and the repayment of all other indebtedness, liabilities and obligations of Grantor to Lender, however and whenever incurred or evidenced, whether absolute or contingent, primary or secondary, joint or several; there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Jackson County, Georgia, on the first Tuesday in September, 2008, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in G.M.D. 1407, Jackson County, Georgia, being Lots 1, 2, 10, 15, 49, 52, 53, 54, 62, 72, 73, 78, 83, 84 and 86, The Villages at Hoschton, as per plat recorded in Plat Book 61, Page 245, Jackson County, Georgia records, which plat is incorporated herein and made a part hereof by reference (the “Land”).
Together with all buildings, structures, and improvements now or hereafter erected on the Land; all tenements, easements, rights, appurtenances, reversions, remainders, rents, royalties, rights and profits to, from and appertaining to, the Land; all minerals, oil, gas, water, water rights and water stock, rights to trees, crops, timber and shrubs now or hereafter on the Land; all equipment, machinery, and fixtures now or hereafter attached to the Land, including replacements and additions thereto; any and all awards or payments, including interest thereon, and the right to receive same, as a result of the exercise of the right of condemnation, eminent domain, the alteration of the grade of any street, or any other injury to, taking of, or decrease, in the value of any of the foregoing property.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF NORTH GEORGIA As Attorney-in-Fact for CLEAR CREEK BUILDERS, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(AU6,13,20,27P4)
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 Construction Loan Deed to Secure Debt and Security Agreement from CLEAR CREEK BUILDERS, INC. (the “Grantor”) to and in favor of BANK OF NORTH GEORGIA (the “Lender”) dated April 21, 2006, filed for record May 8, 2006, and recorded in Deed Book 43-T, Pages 142-147, Jackson County, Georgia Records (the “Security Deed”); securing that certain renewal Master Promissory Note from Grantor to and in favor of Lender dated May 10, 2007, in the original principal sum of THREE MILLION ONE HUNDRED TEN THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($3,110,500.00) (the “Note”) and the repayment of all other indebtedness, liabilities and obligations of Grantor to Lender, however and whenever incurred or evidenced, whether absolute or contingent, primary or secondary, joint or several; there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Jackson County, Georgia, on the first Tuesday in September, 2008, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in G.M.D. 1407, Jackson County, Georgia, being Lots 12, 32, 47, 56, 58, 59, 65, 66, 71, 74, 85, 88 and 89, The Villages at Hoschton, as per plat recorded in Plat Book 61, Page 245, Jackson County, Georgia records, which plat is incorporated herein and made a part hereof by reference (the “Land”).
Together with all buildings, structures, and improvements now or hereafter erected on the Land; all tenements, easements, rights, appurtenances, reversions, remainders, rents, royalties, rights and profits to, from and appertaining to, the Land; all minerals, oil, gas, water, water rights and water stock, rights to trees, crops, timber and shrubs now or hereafter on the Land; all equipment, machinery, and fixtures now or hereafter attached to the Land, including replacements and additions thereto; any and all awards or payments, including interest thereon, and the right to receive same, as a result of the exercise of the right of condemnation, eminent domain, the alteration of the grade of any street, or any other injury to, taking of, or decrease, in the value of any of the foregoing property.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF NORTH GEORGIA As Attorney-in-Fact for CLEAR CREEK BUILDERS, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(AU6,13,20,27P4)
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 and Security Agreement from Clear Creek Builders, Inc. (the “Grantor”) to and in favor of Bank of North Georgia (the “Lender”) dated February 11, 2005, filed for record February 28, 2005, and recorded in Deed Book 37V, Pages 691-712, Jackson County, Georgia records (the “Security Deed”); securing that certain renewal Universal Note from Grantor to and in favor of Lender dated February 10, 2007 in the original principal sum of TWO MILLION TWO HUNDRED NINETY-FIVE THOUSAND AND 00/100 DOLLARS ($2,295,000.00) (the “Note”) and the payment of any and all other indebtedness owing by Grantor to Lender, however and whenever incurred or evidenced, whether express or implied, direct or indirect, absolute or contingent, due or to become due, and all renewals, modifications, consolidations and extensions thereof; there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Jackson County, Georgia, on the first Tuesday in September, 2008, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in General Militia District 245, City of Jefferson, Jackson County, Georgia and being more particularly described as follows:
Beginning at a point found on the southern right-of-way line of Old Pendergrass Road (80 foot right-of-way) 2769.04 feet as measured along the southern right-of-way line of Old Pendergrass Road from the centerline intersection of Old Swimming Pool Road; thence South 16 degrees 56 minutes 49 seconds West 1134.56 feet to a rock corner found; thence South 60 degrees 01 minutes 14 seconds West 1509.00 feet to a point on the centerline of the Middle Oconee River; thence along the centerline of said River North 41 degrees 04 minutes 00 seconds West 493.50 feet to a point; thence continuing along the centerline of said River North 46 degrees 08 minutes 00 seconds West a distance of 240.69 feet to a point (centerline of the Middle Oconee River is the property line); thence North 38 degrees 04 minutes 00 seconds West 28.77 feet to a point; thence North 34 degrees 42 minutes 21 seconds East 557.30 feet to an iron pin set; thence North 39 degrees 53 minutes 22 seconds East 215.31 feet to a 1/2” rebar found; thence North 52 degrees 35 minutes 08 seconds East 377.88 feet to an iron pin set; thence North 36 degrees 07 minutes 17 seconds East 216.62 feet to a 1/2 inch rebar found; thence North 26 degrees 54 minutes 31 seconds East 623.85 feet to an iron pin set on the southern right-of-way line of Old Pendergrass Road; thence along said right-of-way line South 72 degrees 52 minutes 50 seconds East 362.48 feet to a point; thence continuing along said right-of-way South 72 degrees 38 minutes 05 seconds East 519.31 feet to a point; thence along said right-of-way South 72 degrees 56 minutes 00 seconds East 152.38 feet to the point of beginning.
LESS AND EXCEPT:
All that tract of land lying and being in Land Lot 245 of G.M.D. of Jackson County, Georgia containing 12.964 acres and being described as follows:
To reach the TRUE POINT OF BEGINNING, commence at the intersection of centerlines of Benton Road and Old Pendergrass Road; Thence South 72 degrees 41 minutes 19 seconds East for a distance of 322.63 feet to a point on the centerline; Thence South 26 degrees 54 minutes 31 seconds West for a distance of 40.59 feet to a point on the centerline; Thence South 26 degrees 54 minutes 31 seconds West for a distance of 566.57 feet to a point; Thence South 57 degrees 13 minutes 08 seconds East for a distance of 80.94 feet to a point; Thence South 32 degrees 46 minutes 52 seconds West for a distance of 40.00 feet to a point; Thence South 32 degrees 45 minutes 49 seconds West for a distance of 203.19 feet to a point; Thence South 54 degrees 31 minutes 31 seconds West for a distance of 223.35 feet to a point; Thence South 45 degrees 18 minutes 55 seconds West for a distance of 319.48 feet to a point; Thence South 34 degrees 28 minutes 52 seconds West for a distance of 347.90 feet to a point; Thence South 11 degrees 12 minutes 34 seconds West for a distance of 218.79; Thence South 54 degrees 30 minutes 08 seconds West for a distance of 124.70 feet to a point; Thence South 46 degrees 08 minutes 00 seconds East for a distance of 132.80 feet to a point; Thence 41 degrees 04 minutes 00 seconds East along the centerline of Middle Oconee River, for a distance of 493.50 feet to a point; Thence North 60 degrees 01 minutes 14 seconds East for a distance of 520.82 feet to a point; Thence North 37 degrees 48 minutes 39 seconds West for a distance of 780.89 feet to a point; Thence North 40 degrees 37 minutes 25 seconds East for a distance of 1013.70 feet to a point; Thence North 10 degrees 23 minutes 23 seconds West for a distance of 780.89 feet to a point; Thence North 05 degrees 25 minutes 41 seconds East for a distance of 173.53 feet to a point; Thence North 33 degrees 20 minutes 37 seconds East for a distance of 133.02 feet to a point; Thence North 72 degrees 52 minutes 50 seconds West for a distance of 35.93 feet to a point; said point being the TRUE POINT OF BEGINNING
AND LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia, containing 3.085 acres, more or less, as shown on plat and survey of Griffin Land Surveying, Inc., dated October 7, 2005, and more particularly described as follows:
To establish the point of beginning, begin at a point at the intersection of the Old Pendergrass Road and Benton Road, thence along the centerline of the right of way of the Old Pendergrass Road, south 72 degrees 41 minutes 19 seconds east 322.63 feet; thence leaving the right of way of Old Pendergrass Road, south 26 degrees 54 minutes 31 seconds west 566.57 feet to an iron pin, said iron pin being the point of beginning; thence south 57 degrees 13 minutes 08 seconds east 80.94 feet to a point; thence south 32 degrees 46 minutes 52 seconds west 40.00 feet to a point; thence south 32 degrees 45 minutes 49 seconds west 203.19 feet to a point; thence south 54 degrees 31 minutes 31 seconds west 223.35 feet to a point; thence south 45 degrees 18 minutes 55 seconds west 319.48 feet to a point; thence south 34 degrees 28 minutes 52 seconds west 347.90 feet to a point; thence south 11 degrees 12 minutes 34 seconds west 218.79 feet to a point; thence south 54 degrees 30 minutes 08 seconds west 124.70 feet to a point at the centerline of Middle Oconee River; thence along said river north 46 degrees 08 minutes 00 seconds west 107.88 feet to a point; thence north 38 degrees 04 minutes 00 seconds west 28.77 feet to a point; thence north 34 degrees 42 minutes 21 seconds east 557.30 feet to a point; thence north 39 degrees 53 minutes 22 seconds east 215.31 feet to a point; thence north 52 degrees 35 minutes 08 seconds east 377.88 feet to a point; thence north 36 degrees 07 minutes 17 seconds east 216.62 feet to a point; thence north 26 degrees 43 minutes 31 seconds east 57.28 feet to beginning point; being a portion of the property conveyed in Warranty Deed dated February 11, 2005, recorded in Deed Book 37-V, at pages 689-690, Jackson County Records (the “Land”).
Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulations or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes, which are or shall be attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles (excluding Grantor’s personal automobiles, if any), building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever now or hereafter owned by Grantor and located in or on the Premises, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposits or payments now or hereafter made by Grantor or on behalf of Grantor; all tradenames, trademarks, servicemarks, logos and goodwill related thereto which in any way now or hereafter belong, relate or appertain to the Premises or any part thereof or are now or hereafter acquired by Grantor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove.
Together with all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, 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.
Together with all incomes, 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 whether held by Grantor or in a trust account, 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.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF NORTH GEORGIA As Attorney-in-Fact for CLEAR CREEK BUILDERS, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(AU6,13,20,27P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of Sale contained in that certain Security Deed FROM BETTY J. BECKETT, to BRANCH BANKING AND TRUST COMPANY, dated May 15, 2006, in Deed Book 44-M, Page 475, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00), with interest thereon as provided for 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 September 2008, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 245th District G.M., State of Georgia, County of Jackson, being lot of Lea Meadows Sudivision, and being more particularly described and delineated according to a plat and survey prepared by Venable & Associates, Inc., GRLS, dated September 1, 1999, and plat being of record in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 54, Page 104; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed 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 attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: first position security deed in favor of Betty J. Beckett to Branch Banking and Trust Company, in the original principal amount of $142,400.00 dated 10/31/2001, recorded at Deed Book 24-Y, Page 636, Jackson County Records; all 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 Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Betty J Beckett (s).
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 as Attorney in Fact for Betty J Beckett.
Contact: Patrick J. Geheren, Esq.,
1535 Mount Vernon Road,
Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU6,13,20,27P4)
xxxxxxxxxxx
Jackson County Public Notices 08-27-2008 pt 2
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 CAROLYN BARNETT and TOMMY BARNETT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 27, 2004, in the amount of $101,380.00, and recorded in Deed Book 37-E, Page 403, Jackson County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2008, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land together with all improvements thereon, situate, lying and being in the 1704th GMD, Jackson County, Georgia, containing 1.5 acres, more or less, and being more particularly described and delineated by plat of survey prepared for Sherri L. Barnett and Jeffrey L. Malcolm dated May 20, 1993, by James R. Smith, GRLS recorded in Plat Book 35, Page 276, Jackson County, Georgia records, together with a perpetual non-exclusive 20 foot driveway easement for ingress-egress, and utility fully shown and described on the above referenced plat.
which has the property address of 220 Tommy Barnett Road, Nicholson, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Carolyn Barnett and Tommy Barnett and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Carolyn Barnett and Tommy Barnett
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-16690 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU6,13,20,27B/1325-50)
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 RONALD L. CANUP to UNITED COMMUNITY BANK, dated December 11, 2007, recorded December 14, 2007, in Deed Book 50-Y, Page 314, Jackson County, Georgia Records, said Security Deed being given to secure a Note from RONALD L. CANUP of even date in the original principal amount of ONE HUNDRED TWENTY THOUSAND AND 00/100 ($120,000.00) 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 September, 2008, the following described property:
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia, containing 4.446 acres, more or less, and designated as a portion of Lot 8, Brian-Berry Estates, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated December 2, 1999, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 56, at Page 57. 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.
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 RONALD L. CANUP or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for RONALD L. CANUP
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00566
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU6,13,20,27B/16022-50)
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 CRESCENT VENTURES, LLC to FIRST PIEDMONT BANK, dated October 11, 2006, and recorded in Deed Book 46-C, Page 508, of the records of the Clerk of the Superior Court of Jackson County, Georgia, said deed having been modified by Modification Agreement dated May 10, 2007, and recorded in Deed Book 48-R, Page 86, Jackson County Records, FIRST PIEDMONT BANK, 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 September 2008, 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 GMD 248 of Jackson County, Georgia and being designated as Lot 2 of Braselton Farms Subdivision, according to that Final Plat for Braselton Farms Subdivision prepared by Ringo Abernathy & Associates, certified by Kevin V. Ringo, GA RLS #2278 and S. Guy Abernathy, GA RLS #15252 dated 06/07/06 and recorded in Plat Book 68, Page 89, 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.
The above-described real estate is more commonly known as 320 Braselton Farms Trail, Hoschton, Georgia 30548.
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 CRESCENT VENTURES, LLC 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.
FIRST PIEDMONT BANK As Attorney in Fact for CRESCENT VENTURES, LLC
Lender Contact:
First Piedmont Bank
P.O. Box 565
Winder, Georgia 30680
Attention: Brad Carter
Telephone: 770-307-1212
RUSSELL, STELL, SMITH &
MATTISON, P.C.
ATTORNEYS FOR FIRST PIEDMONT BANK
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.
(AU6,13,20,27B/818-50)
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 CRESCENT VENTURES, LLC to FIRST PIEDMONT BANK, dated October 11, 2006, and recorded in Deed Book 46-C, Page 524, of the records of the Clerk of the Superior Court of Jackson County, Georgia, said deed having been modified by Modification Agreement dated May 10, 2007, and recorded in Deed Book 48-R, Page 84, Jackson County Records, FIRST PIEDMONT BANK, 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 September 2008, 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 GMD 248 of Jackson County, Georgia and being designated as Lot 12 of Braselton Farms Subdivision, according to that Final Plat for Braselton Farms Subdivision prepared by Ringo Abernathy & Associates, certified by Kevin V. Ringo, GA RLS #2278 and S. Guy Abernathy, GA RLS #15252 dated 06/07/06 and recorded in Plat Book 68, Page 89, 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.
The above-described real estate is more commonly known as 132 Braselton Farms Drive, Hoschton, Georgia 30548.
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 CRESCENT VENTURES, LLC 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.
FIRST PIEDMONT BANK As Attorney in Fact for CRESCENT VENTURES, LLC
Lender Contact:
First Piedmont Bank, P.O. Box 565
Winder, Georgia 30680
Attention: Brad Carter
Telephone: 770-307-1212
RUSSELL, STELL, SMITH &
MATTISON, P.C.
ATTORNEYS FOR FIRST PIEDMONT BANK
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.
(AU6,13,20,27B/818-50)
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 CRESCENT VENTURES, LLC to FIRST PIEDMONT BANK, dated October 11, 2006, and recorded in Deed Book 46-C, Page 516, of the records of the Clerk of the Superior Court of Jackson County, Georgia, said deed having been modified by Modification Agreement dated May 10, 2007, and recorded in Deed Book 48-R, Page 82, Jackson County Records, FIRST PIEDMONT BANK, 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 September 2008, 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 GMD 248 of Jackson County, Georgia and being designated as Lot 4 of Braselton Farms Subdivision, according to that Final Plat for Braselton Farms Subdivision prepared by Ringo Abernathy & Associates, certified by Kevin V. Ringo, GA RLS #2278 and S. Guy Abernathy, GA RLS #15252 dated 06/07/06 and recorded in Plat Book 68, Page 89, 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.
The above-described real estate is more commonly known as 340 Braselton Farms Trail, Hoschton, Georgia 30548.
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 CRESCENT VENTURES, LLC 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.
FIRST PIEDMONT BANK As Attorney in Fact for CRESCENT VENTURES, LLC
Lender Contact:
First Piedmont Bank
P.O. Box 565
Winder, Georgia 30680
Attention: Brad Carter
Telephone: 770-307-1212
RUSSELL, STELL, SMITH &
MATTISON, P.C.
ATTORNEYS FOR FIRST PIEDMONT BANK
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.
(AU6,13,20,27B/818-50)
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 RONALD SCOTT SMITH and STEPHANIE SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 21, 2006, and recorded in Deed Book 45-H, Page 388, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to LaSalle Bank National Association, as Trustee for MSM 2006-15XS, by Assignment securing a Note in the original principal amount of $140,000.00, 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, September 2, 2008, 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:
The following described property, to-wit: All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th District, G.M., of Jackson County, Georgia, being Tract 2, containing 1.50 acres, more or less, and being more particularly described as per plat of survey for Kenneth McDaniel and Tina McDaniel, by Venable & Associates, Inc., dated June 21, 1991, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, recorded in Plat Book 37, Page 80, which plat is incorporated herein for a more complete legal description. Also conveyed is a perpetual, non-exclusive 20’ ingress-egress easement appurtenant to the 1.50 acre tract described above which gives access to Jackson Trail Road and is further described by the plat referenced above.
Said property is known as 3651 Jackson Trail Road, Jefferson, GA 30549, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Ronald Scott Smith and Stephanie Smith, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Ronald Scott Smith and Stephanie Smith, 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.
LaSalle Bank National Association, as Trustee for MSM 2006-15XS as Attorney-in-Fact for Ronald Scott Smith and Stephanie Smith
File no. 08-004449
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/HP
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU6,13,20,27B/1323-60T1P)
Notice of Sale
Notice of Sale Under Power of Attorney
Contained in Security Deed
Under and by virtue of the power of sale contained in that Security Deed from TRAVIS HALBROOK to COMMUNITY BANK AND TRUST, dated February 22, 2005, and recorded in Deed Book 37-U, Pages 339-343 (the Deed) Jackson County, Georgia Records, such Deed being given to secure obligations arising under: a Real Estate Note dated April 5, 2007, made by Grantor in the original principal amount of $22,205.40 (the Note), together with interest thereon and other obligations as provided in the Note and Deed (collectively the Debt), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in September, 2008, to wit: September 2, 2008, the following described property:
All that tract or parcel of land lying and being in the 455th GMD, Jackson County, Georgia, and being designated as Farm #46, containing 1.07 acres, more or less, in the Deer Crossing Farm Subdivision, as shown on plat as recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 12, Page 387. Said plat as recorded, is hereby referenced for a more detailed description of said property.
The Debt is declared immediately due and payable because of, inter alia, default in the payment of the Debt in the manner required by the Notes and Deed. The Sale will be made for the purpose of paying the Debt and all expenses of Sale, including reasonable attorney fee (notice of intention to collect attorney’s fees has been given). The sale shall be subject to all restrictions, liens, easements and encumbrances of record, and all unpaid taxes and assessments, if any, having priority over the Deed. To the undersigned’s knowledge, information and belief, Grantor is in possession of but does not occupy the property which is known as 207 Nichols Road, Pendergrass, GA.
Community Bank and Trust as Attorney in Fact for Travis Halbrook
Vince Fitzgerald
629 Dawsonville Highway, Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
(AU6,13,20,27P4)
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 RICKY STEPHENS and PATTY STEPHENS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 31, 2005, and recorded in Deed Book 41-I, Page 287, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee, by Assignment securing a Note in the original principal amount of $113,600.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 2, 2008, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the City of Commerce, 255th GMD of Jackson County, Georgia and being Lot 19 and Block A of Deer Creek Subdivision, as per plat recorded in Plat Book 57, Page 251, Jackson County, Georgia Records, which said recorded plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property.
Said property is known as 26 Wesley Way, 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 Ricky Stephens and Patty Stephens, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Ricky Stephens and Patty 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.
US Bank National Association as Trustee as Attorney-in-Fact for Ricky Stephens and Patty Stephens
File no. 08-004488
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/HP
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU6,13,20,27B/1323-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in a Security Deed from FAITH A. MCCAIG and DORIS E. GRAY to CONSECO FINANCE SERVICING CORP. n/k/a GREEN TREE SERVICING LLC, dated JANUARY 24, 2001, and recorded on JANUARY 29, 2001, in DEED BOOK 22-Q, PAGE 352, of the JACKSON County, Georgia Records; conveying the after-described property to secure a Note in the original principal amount of SIXTY-ONE THOUSAND FIFTY-NINE Dollars and 43/100 ($61,059.43) 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 SEPTEMBER, 2008, the following described property:
All that tract or parcel of land lying and being in the 257th GM District, Jackson County, Georgia, containing 2.25 acres, more or less, as shown on a plat of survey for Faith McCaig, prepared by Sherald G. Sharp, RLS No. 2044, dated December 28, 2000, filed in Plat Book 58, Page 65, recorded January 24, 2001, Jackson County, Georgia Records.
This is portion of the same property shown on a plat of survey, containing 11.21 acres, for Melvin C. Gray, prepared by Borders and Associates, RLS, dated February 27, 1980, filed in Plat Book 20, Page 145, Jackson County, Georgia Superior Court Records.
Also conveyed herewith is a 1996 General 16x80 Manufactured Home, Serial Number GMHGA2139610717, which is permanently attached to and made a part of the real property.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said 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) and all other payments provided for under the terms of the Security Deed and Note.
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 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Green Tree Servicing LLC, 225 Townpark Drive, Suite 325, Kennesaw, Georgia 30144, (800) 2824-153. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief, said property is also known as 5428 South Apple Valley Road, Jefferson, Georgia, and the party in possession of the property is Faith A. McCaig, Doris E. Gray or a tenant or tenants of said property.
CONSECO FINANCE SERVICING CORP.
N/K/A
GREEN TREE SERVICING LLC As Attorney-in-Fact for FAITH A. MCCAIG and DORIS E. GRAY
Kenney, Solomon & Medina, P.C.
3675 Crestwood Parkway, Suite 300
Duluth, Georgia 30096
(770) 564-1600
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU6,13,20,27P4)
Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by OSCAR A. MIGUEL MOSCOSO to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), as nominee for America’s Wholesale Lender, dated March 8, 2006, and filed for record March 17, 2006, in Deed Book 43-A, Page 710, Jackson County, Georgia Records, and securing a Note in the original principal amount of $142,000.00; last transferred to U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CW2 by Assignment filed for record in the public deed records of Jackson County, Georgia, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Jackson County, Georgia, between the legal hours of sale on the first Tuesday in September 2008, by U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CW2 as Attorney-in-Fact for Oscar A. Miguel Moscoso the following property to-wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 22, Block A, Jefferson Walk West, Unit Two, as per plat recorded in Plat Book 62, Page 279, Jackson County Records, said plat being incorporated herein by reference thereto.
The above described property is also known as 1073 Jefferson Walk Circle, Jefferson, GA 30549.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Oscar A. Miguel Moscoso .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P. O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CW2 as Attorney-in-Fact for Oscar A. Miguel Moscoso
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU6,13,20,27B/119-60)
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 (the “Security Deed”) from JEFF STREETMAN CONSTRUCTION, LLC to NORTHEAST GEORGIA BANK, dated November 8, 2004, and recorded on November 10, 2004, recorded in Deed Book 36-R, Pages 232-236, as last modified on December 28, 2007, recorded January 8, 2008, in Deed Book 51-E, Page 444, records of Jackson County, Georgia; the Security Deed secures Note dated December 28, 2007, in the original principal amount of $152,149.00, plus interest; there will be sold by the under-signed 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 September, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the 245th District G.M., State of Georgia, County of Jackson, being Lot 54, Finch Landing, Phase II 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 February 14, 2004, and revised April 1, 2004, entitled “Final Plan for Finch Landing, Phase II,” said plat being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 62, Pages 241-242; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
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.
Said property will be sold as the property of Jeff Streetman Construction, 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 Jeff Streetman Construction, LLC.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the debtor is Northeast Georgia Bank 12461 Augusta Road, Lavonia, Georgia 30553, Phone Number 706-356-4444.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NORTHEAST GEORGIA BANK
By: __
As Attorney-in-fact for: Jeff Streetman Construction, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(AU6,13,20,27P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of power of sale contained in Commercial Deed to Secure Debt and Security Agreement dated August 29, 2006 from JEFFERSON BUILDERS, LLC to AFB&T, a Georgia State Bank, recorded in Deed Book 45-I, Page 273 in the Office of the Clerk of the Superior Court of Jackson County, Georgia (hereinafter “Security Deed”), said Security Deed securing five notes each dated December 2, 2007, in the respective original principal amounts of $248,200.00, $247,400.00, $247,400.00, $247,400.00 and $248,200.00 with interest from dates at the rates specified in the notes on the unpaid balances until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Jackson County, Georgia, within the legal hours of sale on the first Tuesday in September, 2008, the following described property:
ALL THAT TRACT OR PARCEL OF LAND situate lying and being in Jackson County, Georgia, and being more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof.
EXHIBIT “A”
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia, being Lots 15, 32, 34, 45 and 48, Belmont Chase, as per plat recorded in Plat Book 64, Pages 243-245, Jackson County Records, said plat being incorporated herein by reference thereto.
Together with all buildings, structures, and other improvements now or hereafter located on said property, or any part and parcel thereof.
As permitted by the Security Deed, AFB&T, a Georgia state bank, intends to sell each of the above lots separately and take separate bids for each of said lots.
The debts secured by the Security Deed have been and are hereby declared due because of, among other possible events of default, nonpayment of amounts due on said loans when due, and the loans having matured by their terms and not been paid. Said defaults not being cured, and the debts remaining in default, the sale will be made for the purpose of paying the same and all expenses of the sale, including accrued attorney’s fees.
Said property will be sold by AFB&T, a Georgia state bank, subject to any outstanding ad valorem taxes and/or assessments, and matters of record, if any, having priority over the Security Deed.
To the best of the knowledge and belief of AFB&T, a Georgia state bank, the person in possession of the property known as 347 Whirlaway Street, Jefferson, Georgia 30549, 576 Whirlaway Street, Jefferson, Georgia 30549, 53 Secretariat Lane, Jefferson, Georgia 30549, 398 Whirlaway Street, Jefferson, Georgia 30549 and 282 Whirlaway Street, Jefferson, Georgia 30549 is Jefferson Builders, LLC or persons claiming under it.
The name, address and telephone number of the individual or entity who has full authority to negotiate, amend and modify all terms of the Security Deed is Ms. Lori Martin, Vice President, AFB&T, Mailing address: AFB&T, Attention: Lori Martin, Post Office Box 1747, Athens, Georgia 30603; Physical Address: AFB&T, Attention: Lori Martin, 2365 Prince Avenue, Athens Georgia 30606; Telephone number: (706) 357-7015, provided however, AFB&T is not required to negotiate, amend or modify the terms of the Security Deed.
Said property will be sold and deed executed by the undersigned to the purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Security Deed containing said power.
AFB&T, a Georgia state bank, as Attorney in Fact for Jefferson Builders, LLC
DARREL BEGNAUD
BEGNAUD & MARSHALL, LLP
Post Office Box 8085
Athens, Georgia 30603
(AU6,13,20,27B/313-60T4P)
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 GENE C. ESTEP to NATIONAL CITY MORTGAGE CO. dated November 26, 2003, in the amount of $83,126.00, and recorded in Deed Book 321, Page 350, Jackson County, Georgia Records; as last transferred to GMAC Mortgage, LLC by assignment; the undersigned, 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 September, 2008, 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 on the Northeasterly side of U.S. Highway 441 in the 253rd G.M. District of Jackson County, Georgia, containing .079 acres, more or less, and being designated as Lot No. 1 according to Plat Book 10, Page 174, Jackson County Records. Said Plat of Survey is incorporated herein and by reference made a part of this description. Also all that tract or parcel of land lying and being on the Northeasterly side of U.S. Highway 441 in the 253rd G.M. District and being designated as Lot 2 according to a Plat of Survey prepared for L.C. Coalson by Allen L. Venable, Jr., Registered Surveyor, dated June 27, 1974, which plat is recorded in Plat Book 10, Page 174, Jackson County Records and Plat of Survey is incorporated herein and by reference made a part hereof.
which has the property address of 2615 Highway 441 South, 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 Gene C. Estep 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.
GMAC Mortgage, LLC
Attorney in Fact for Gene C. Estep
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-14777 /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.
(AU6,13,20,27B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from W.D. THOMAS HOMES, INC., party of the first part, to PIEDMONT BANK OF GEORGIA, now known as THE PRIVATEBANK (through acquisition and merger), party of the second part, dated September 27, 2005, and recorded in Deed Book 40-U, Page 374-380, Jackson County, Georgia Records (the “Security Deed”), conveying the after-described property to secure a Note (the “Note”) in the principal amount of ONE MILLION FOUR HUNDRED NINETY NINE THOUSAND SIX HUNDRED TWENTY-FIVE ($1,499,625.00) DOLLARS, with interest thereon as set forth therein, and all modifications thereto, 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 September 2008, 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 (the “Land”) described in said Security Deed, to wit:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots 42, 45, 53, 55 and 56, Pod D, Traditions of Braselton, Phase I, as per Plat recorded in Plat Book 62, Pages 271 and 272, Jackson County, Georgia Records, which plat is hereby incorporated herein by reference.
Less and except Lot 53 by virtue of sale.
TOGETHER WITH all buildings, structures and improvements now or hereafter erected upon the Land and any and all of the following items of property which party of the first part has heretofore placed or caused to be placed or hereafter places or causes to be placed in or on the said buildings; gas and electric fixtures, radiators, beaters, furnaces, heating equipment, steam and hot water boilers, hot water heaters, stoves, ranges and ovens, refrigerators, refrigerating plants, air conditioning equipment, elevators, tubs, sinks, water closets and basins, garbage disposal equipment, vacuum cleaning equipment, sprinkler systems, fire alarm systems, carpets, shades, screens, blinds, awnings, and all other furniture, furnishings and equipment placed in and about the said buildings for use therein which are necessary to the completed end comfortable use and occupancy of the said buildings for the purpose for which they were or are to be constructed or erected and together with all renewals or replacements of or articles in substitution for the said enumerated and described items of property. The items of property dealt with in this paragraph shall include but not be limited to those shown on any plans and specifications furnished by the party of the first part to party of the second part in connection with the making of the loan hereby secured. The items of property dealt with in this paragraph not actually attached to the buildings where located shall be deemed to be constructively attached and all items herein dealt with whether actually or constructively attached are agreed to be fixtures constituting a part of the realty above described (all 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 W.D. Thomas Homes, Inc., and the proceeds will be applied to the payment of the described indebtedness, the Security Deed and all expenses of this sale. Any remaining proceeds will be applied 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 party of the second part and without representation or warranty of any kind or nature whatsoever by party of the second part with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by W.D. Thomas Homes, Inc. who is the party in possession or a tenant or tenants, and said Property is more commonly known as Lots 42, 45, 55 and 56, Pod D, Traditions of Braselton, Phase I, Jackson County, Georgia.
The PrivateBank as attorney-in-fact for W.D. Thomas 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.
(AU6,13,20,27P4)
xxxxxxxxxx
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by CAROLYN BARNETT and TOMMY BARNETT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 27, 2004, in the amount of $101,380.00, and recorded in Deed Book 37-E, Page 403, Jackson County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2008, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land together with all improvements thereon, situate, lying and being in the 1704th GMD, Jackson County, Georgia, containing 1.5 acres, more or less, and being more particularly described and delineated by plat of survey prepared for Sherri L. Barnett and Jeffrey L. Malcolm dated May 20, 1993, by James R. Smith, GRLS recorded in Plat Book 35, Page 276, Jackson County, Georgia records, together with a perpetual non-exclusive 20 foot driveway easement for ingress-egress, and utility fully shown and described on the above referenced plat.
which has the property address of 220 Tommy Barnett Road, Nicholson, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Carolyn Barnett and Tommy Barnett and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Carolyn Barnett and Tommy Barnett
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-16690 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU6,13,20,27B/1325-50)
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 RONALD L. CANUP to UNITED COMMUNITY BANK, dated December 11, 2007, recorded December 14, 2007, in Deed Book 50-Y, Page 314, Jackson County, Georgia Records, said Security Deed being given to secure a Note from RONALD L. CANUP of even date in the original principal amount of ONE HUNDRED TWENTY THOUSAND AND 00/100 ($120,000.00) 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 September, 2008, the following described property:
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia, containing 4.446 acres, more or less, and designated as a portion of Lot 8, Brian-Berry Estates, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated December 2, 1999, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 56, at Page 57. 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.
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 RONALD L. CANUP or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for RONALD L. CANUP
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00566
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU6,13,20,27B/16022-50)
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 CRESCENT VENTURES, LLC to FIRST PIEDMONT BANK, dated October 11, 2006, and recorded in Deed Book 46-C, Page 508, of the records of the Clerk of the Superior Court of Jackson County, Georgia, said deed having been modified by Modification Agreement dated May 10, 2007, and recorded in Deed Book 48-R, Page 86, Jackson County Records, FIRST PIEDMONT BANK, 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 September 2008, 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 GMD 248 of Jackson County, Georgia and being designated as Lot 2 of Braselton Farms Subdivision, according to that Final Plat for Braselton Farms Subdivision prepared by Ringo Abernathy & Associates, certified by Kevin V. Ringo, GA RLS #2278 and S. Guy Abernathy, GA RLS #15252 dated 06/07/06 and recorded in Plat Book 68, Page 89, 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.
The above-described real estate is more commonly known as 320 Braselton Farms Trail, Hoschton, Georgia 30548.
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 CRESCENT VENTURES, LLC 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.
FIRST PIEDMONT BANK As Attorney in Fact for CRESCENT VENTURES, LLC
Lender Contact:
First Piedmont Bank
P.O. Box 565
Winder, Georgia 30680
Attention: Brad Carter
Telephone: 770-307-1212
RUSSELL, STELL, SMITH &
MATTISON, P.C.
ATTORNEYS FOR FIRST PIEDMONT BANK
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.
(AU6,13,20,27B/818-50)
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 CRESCENT VENTURES, LLC to FIRST PIEDMONT BANK, dated October 11, 2006, and recorded in Deed Book 46-C, Page 524, of the records of the Clerk of the Superior Court of Jackson County, Georgia, said deed having been modified by Modification Agreement dated May 10, 2007, and recorded in Deed Book 48-R, Page 84, Jackson County Records, FIRST PIEDMONT BANK, 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 September 2008, 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 GMD 248 of Jackson County, Georgia and being designated as Lot 12 of Braselton Farms Subdivision, according to that Final Plat for Braselton Farms Subdivision prepared by Ringo Abernathy & Associates, certified by Kevin V. Ringo, GA RLS #2278 and S. Guy Abernathy, GA RLS #15252 dated 06/07/06 and recorded in Plat Book 68, Page 89, 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.
The above-described real estate is more commonly known as 132 Braselton Farms Drive, Hoschton, Georgia 30548.
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 CRESCENT VENTURES, LLC 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.
FIRST PIEDMONT BANK As Attorney in Fact for CRESCENT VENTURES, LLC
Lender Contact:
First Piedmont Bank, P.O. Box 565
Winder, Georgia 30680
Attention: Brad Carter
Telephone: 770-307-1212
RUSSELL, STELL, SMITH &
MATTISON, P.C.
ATTORNEYS FOR FIRST PIEDMONT BANK
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.
(AU6,13,20,27B/818-50)
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 CRESCENT VENTURES, LLC to FIRST PIEDMONT BANK, dated October 11, 2006, and recorded in Deed Book 46-C, Page 516, of the records of the Clerk of the Superior Court of Jackson County, Georgia, said deed having been modified by Modification Agreement dated May 10, 2007, and recorded in Deed Book 48-R, Page 82, Jackson County Records, FIRST PIEDMONT BANK, 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 September 2008, 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 GMD 248 of Jackson County, Georgia and being designated as Lot 4 of Braselton Farms Subdivision, according to that Final Plat for Braselton Farms Subdivision prepared by Ringo Abernathy & Associates, certified by Kevin V. Ringo, GA RLS #2278 and S. Guy Abernathy, GA RLS #15252 dated 06/07/06 and recorded in Plat Book 68, Page 89, 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.
The above-described real estate is more commonly known as 340 Braselton Farms Trail, Hoschton, Georgia 30548.
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 CRESCENT VENTURES, LLC 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.
FIRST PIEDMONT BANK As Attorney in Fact for CRESCENT VENTURES, LLC
Lender Contact:
First Piedmont Bank
P.O. Box 565
Winder, Georgia 30680
Attention: Brad Carter
Telephone: 770-307-1212
RUSSELL, STELL, SMITH &
MATTISON, P.C.
ATTORNEYS FOR FIRST PIEDMONT BANK
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.
(AU6,13,20,27B/818-50)
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 RONALD SCOTT SMITH and STEPHANIE SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 21, 2006, and recorded in Deed Book 45-H, Page 388, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to LaSalle Bank National Association, as Trustee for MSM 2006-15XS, by Assignment securing a Note in the original principal amount of $140,000.00, 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, September 2, 2008, 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:
The following described property, to-wit: All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th District, G.M., of Jackson County, Georgia, being Tract 2, containing 1.50 acres, more or less, and being more particularly described as per plat of survey for Kenneth McDaniel and Tina McDaniel, by Venable & Associates, Inc., dated June 21, 1991, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, recorded in Plat Book 37, Page 80, which plat is incorporated herein for a more complete legal description. Also conveyed is a perpetual, non-exclusive 20’ ingress-egress easement appurtenant to the 1.50 acre tract described above which gives access to Jackson Trail Road and is further described by the plat referenced above.
Said property is known as 3651 Jackson Trail Road, Jefferson, GA 30549, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Ronald Scott Smith and Stephanie Smith, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Ronald Scott Smith and Stephanie Smith, 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.
LaSalle Bank National Association, as Trustee for MSM 2006-15XS as Attorney-in-Fact for Ronald Scott Smith and Stephanie Smith
File no. 08-004449
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/HP
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU6,13,20,27B/1323-60T1P)
Notice of Sale
Notice of Sale Under Power of Attorney
Contained in Security Deed
Under and by virtue of the power of sale contained in that Security Deed from TRAVIS HALBROOK to COMMUNITY BANK AND TRUST, dated February 22, 2005, and recorded in Deed Book 37-U, Pages 339-343 (the Deed) Jackson County, Georgia Records, such Deed being given to secure obligations arising under: a Real Estate Note dated April 5, 2007, made by Grantor in the original principal amount of $22,205.40 (the Note), together with interest thereon and other obligations as provided in the Note and Deed (collectively the Debt), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in September, 2008, to wit: September 2, 2008, the following described property:
All that tract or parcel of land lying and being in the 455th GMD, Jackson County, Georgia, and being designated as Farm #46, containing 1.07 acres, more or less, in the Deer Crossing Farm Subdivision, as shown on plat as recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 12, Page 387. Said plat as recorded, is hereby referenced for a more detailed description of said property.
The Debt is declared immediately due and payable because of, inter alia, default in the payment of the Debt in the manner required by the Notes and Deed. The Sale will be made for the purpose of paying the Debt and all expenses of Sale, including reasonable attorney fee (notice of intention to collect attorney’s fees has been given). The sale shall be subject to all restrictions, liens, easements and encumbrances of record, and all unpaid taxes and assessments, if any, having priority over the Deed. To the undersigned’s knowledge, information and belief, Grantor is in possession of but does not occupy the property which is known as 207 Nichols Road, Pendergrass, GA.
Community Bank and Trust as Attorney in Fact for Travis Halbrook
Vince Fitzgerald
629 Dawsonville Highway, Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
(AU6,13,20,27P4)
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 RICKY STEPHENS and PATTY STEPHENS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 31, 2005, and recorded in Deed Book 41-I, Page 287, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association as Trustee, by Assignment securing a Note in the original principal amount of $113,600.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 2, 2008, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the City of Commerce, 255th GMD of Jackson County, Georgia and being Lot 19 and Block A of Deer Creek Subdivision, as per plat recorded in Plat Book 57, Page 251, Jackson County, Georgia Records, which said recorded plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property.
Said property is known as 26 Wesley Way, 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 Ricky Stephens and Patty Stephens, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Ricky Stephens and Patty 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.
US Bank National Association as Trustee as Attorney-in-Fact for Ricky Stephens and Patty Stephens
File no. 08-004488
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/HP
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU6,13,20,27B/1323-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in a Security Deed from FAITH A. MCCAIG and DORIS E. GRAY to CONSECO FINANCE SERVICING CORP. n/k/a GREEN TREE SERVICING LLC, dated JANUARY 24, 2001, and recorded on JANUARY 29, 2001, in DEED BOOK 22-Q, PAGE 352, of the JACKSON County, Georgia Records; conveying the after-described property to secure a Note in the original principal amount of SIXTY-ONE THOUSAND FIFTY-NINE Dollars and 43/100 ($61,059.43) 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 SEPTEMBER, 2008, the following described property:
All that tract or parcel of land lying and being in the 257th GM District, Jackson County, Georgia, containing 2.25 acres, more or less, as shown on a plat of survey for Faith McCaig, prepared by Sherald G. Sharp, RLS No. 2044, dated December 28, 2000, filed in Plat Book 58, Page 65, recorded January 24, 2001, Jackson County, Georgia Records.
This is portion of the same property shown on a plat of survey, containing 11.21 acres, for Melvin C. Gray, prepared by Borders and Associates, RLS, dated February 27, 1980, filed in Plat Book 20, Page 145, Jackson County, Georgia Superior Court Records.
Also conveyed herewith is a 1996 General 16x80 Manufactured Home, Serial Number GMHGA2139610717, which is permanently attached to and made a part of the real property.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said 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) and all other payments provided for under the terms of the Security Deed and Note.
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 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Green Tree Servicing LLC, 225 Townpark Drive, Suite 325, Kennesaw, Georgia 30144, (800) 2824-153. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief, said property is also known as 5428 South Apple Valley Road, Jefferson, Georgia, and the party in possession of the property is Faith A. McCaig, Doris E. Gray or a tenant or tenants of said property.
CONSECO FINANCE SERVICING CORP.
N/K/A
GREEN TREE SERVICING LLC As Attorney-in-Fact for FAITH A. MCCAIG and DORIS E. GRAY
Kenney, Solomon & Medina, P.C.
3675 Crestwood Parkway, Suite 300
Duluth, Georgia 30096
(770) 564-1600
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU6,13,20,27P4)
Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by OSCAR A. MIGUEL MOSCOSO to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), as nominee for America’s Wholesale Lender, dated March 8, 2006, and filed for record March 17, 2006, in Deed Book 43-A, Page 710, Jackson County, Georgia Records, and securing a Note in the original principal amount of $142,000.00; last transferred to U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CW2 by Assignment filed for record in the public deed records of Jackson County, Georgia, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Jackson County, Georgia, between the legal hours of sale on the first Tuesday in September 2008, by U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CW2 as Attorney-in-Fact for Oscar A. Miguel Moscoso the following property to-wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 22, Block A, Jefferson Walk West, Unit Two, as per plat recorded in Plat Book 62, Page 279, Jackson County Records, said plat being incorporated herein by reference thereto.
The above described property is also known as 1073 Jefferson Walk Circle, Jefferson, GA 30549.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Oscar A. Miguel Moscoso .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P. O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CW2 as Attorney-in-Fact for Oscar A. Miguel Moscoso
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU6,13,20,27B/119-60)
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 (the “Security Deed”) from JEFF STREETMAN CONSTRUCTION, LLC to NORTHEAST GEORGIA BANK, dated November 8, 2004, and recorded on November 10, 2004, recorded in Deed Book 36-R, Pages 232-236, as last modified on December 28, 2007, recorded January 8, 2008, in Deed Book 51-E, Page 444, records of Jackson County, Georgia; the Security Deed secures Note dated December 28, 2007, in the original principal amount of $152,149.00, plus interest; there will be sold by the under-signed 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 September, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the 245th District G.M., State of Georgia, County of Jackson, being Lot 54, Finch Landing, Phase II 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 February 14, 2004, and revised April 1, 2004, entitled “Final Plan for Finch Landing, Phase II,” said plat being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 62, Pages 241-242; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
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.
Said property will be sold as the property of Jeff Streetman Construction, 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 Jeff Streetman Construction, LLC.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the debtor is Northeast Georgia Bank 12461 Augusta Road, Lavonia, Georgia 30553, Phone Number 706-356-4444.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NORTHEAST GEORGIA BANK
By: __
As Attorney-in-fact for: Jeff Streetman Construction, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(AU6,13,20,27P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of power of sale contained in Commercial Deed to Secure Debt and Security Agreement dated August 29, 2006 from JEFFERSON BUILDERS, LLC to AFB&T, a Georgia State Bank, recorded in Deed Book 45-I, Page 273 in the Office of the Clerk of the Superior Court of Jackson County, Georgia (hereinafter “Security Deed”), said Security Deed securing five notes each dated December 2, 2007, in the respective original principal amounts of $248,200.00, $247,400.00, $247,400.00, $247,400.00 and $248,200.00 with interest from dates at the rates specified in the notes on the unpaid balances until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Jackson County, Georgia, within the legal hours of sale on the first Tuesday in September, 2008, the following described property:
ALL THAT TRACT OR PARCEL OF LAND situate lying and being in Jackson County, Georgia, and being more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof.
EXHIBIT “A”
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia, being Lots 15, 32, 34, 45 and 48, Belmont Chase, as per plat recorded in Plat Book 64, Pages 243-245, Jackson County Records, said plat being incorporated herein by reference thereto.
Together with all buildings, structures, and other improvements now or hereafter located on said property, or any part and parcel thereof.
As permitted by the Security Deed, AFB&T, a Georgia state bank, intends to sell each of the above lots separately and take separate bids for each of said lots.
The debts secured by the Security Deed have been and are hereby declared due because of, among other possible events of default, nonpayment of amounts due on said loans when due, and the loans having matured by their terms and not been paid. Said defaults not being cured, and the debts remaining in default, the sale will be made for the purpose of paying the same and all expenses of the sale, including accrued attorney’s fees.
Said property will be sold by AFB&T, a Georgia state bank, subject to any outstanding ad valorem taxes and/or assessments, and matters of record, if any, having priority over the Security Deed.
To the best of the knowledge and belief of AFB&T, a Georgia state bank, the person in possession of the property known as 347 Whirlaway Street, Jefferson, Georgia 30549, 576 Whirlaway Street, Jefferson, Georgia 30549, 53 Secretariat Lane, Jefferson, Georgia 30549, 398 Whirlaway Street, Jefferson, Georgia 30549 and 282 Whirlaway Street, Jefferson, Georgia 30549 is Jefferson Builders, LLC or persons claiming under it.
The name, address and telephone number of the individual or entity who has full authority to negotiate, amend and modify all terms of the Security Deed is Ms. Lori Martin, Vice President, AFB&T, Mailing address: AFB&T, Attention: Lori Martin, Post Office Box 1747, Athens, Georgia 30603; Physical Address: AFB&T, Attention: Lori Martin, 2365 Prince Avenue, Athens Georgia 30606; Telephone number: (706) 357-7015, provided however, AFB&T is not required to negotiate, amend or modify the terms of the Security Deed.
Said property will be sold and deed executed by the undersigned to the purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Security Deed containing said power.
AFB&T, a Georgia state bank, as Attorney in Fact for Jefferson Builders, LLC
DARREL BEGNAUD
BEGNAUD & MARSHALL, LLP
Post Office Box 8085
Athens, Georgia 30603
(AU6,13,20,27B/313-60T4P)
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 GENE C. ESTEP to NATIONAL CITY MORTGAGE CO. dated November 26, 2003, in the amount of $83,126.00, and recorded in Deed Book 321, Page 350, Jackson County, Georgia Records; as last transferred to GMAC Mortgage, LLC by assignment; the undersigned, 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 September, 2008, 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 on the Northeasterly side of U.S. Highway 441 in the 253rd G.M. District of Jackson County, Georgia, containing .079 acres, more or less, and being designated as Lot No. 1 according to Plat Book 10, Page 174, Jackson County Records. Said Plat of Survey is incorporated herein and by reference made a part of this description. Also all that tract or parcel of land lying and being on the Northeasterly side of U.S. Highway 441 in the 253rd G.M. District and being designated as Lot 2 according to a Plat of Survey prepared for L.C. Coalson by Allen L. Venable, Jr., Registered Surveyor, dated June 27, 1974, which plat is recorded in Plat Book 10, Page 174, Jackson County Records and Plat of Survey is incorporated herein and by reference made a part hereof.
which has the property address of 2615 Highway 441 South, 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 Gene C. Estep 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.
GMAC Mortgage, LLC
Attorney in Fact for Gene C. Estep
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-14777 /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.
(AU6,13,20,27B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from W.D. THOMAS HOMES, INC., party of the first part, to PIEDMONT BANK OF GEORGIA, now known as THE PRIVATEBANK (through acquisition and merger), party of the second part, dated September 27, 2005, and recorded in Deed Book 40-U, Page 374-380, Jackson County, Georgia Records (the “Security Deed”), conveying the after-described property to secure a Note (the “Note”) in the principal amount of ONE MILLION FOUR HUNDRED NINETY NINE THOUSAND SIX HUNDRED TWENTY-FIVE ($1,499,625.00) DOLLARS, with interest thereon as set forth therein, and all modifications thereto, 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 September 2008, 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 (the “Land”) described in said Security Deed, to wit:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots 42, 45, 53, 55 and 56, Pod D, Traditions of Braselton, Phase I, as per Plat recorded in Plat Book 62, Pages 271 and 272, Jackson County, Georgia Records, which plat is hereby incorporated herein by reference.
Less and except Lot 53 by virtue of sale.
TOGETHER WITH all buildings, structures and improvements now or hereafter erected upon the Land and any and all of the following items of property which party of the first part has heretofore placed or caused to be placed or hereafter places or causes to be placed in or on the said buildings; gas and electric fixtures, radiators, beaters, furnaces, heating equipment, steam and hot water boilers, hot water heaters, stoves, ranges and ovens, refrigerators, refrigerating plants, air conditioning equipment, elevators, tubs, sinks, water closets and basins, garbage disposal equipment, vacuum cleaning equipment, sprinkler systems, fire alarm systems, carpets, shades, screens, blinds, awnings, and all other furniture, furnishings and equipment placed in and about the said buildings for use therein which are necessary to the completed end comfortable use and occupancy of the said buildings for the purpose for which they were or are to be constructed or erected and together with all renewals or replacements of or articles in substitution for the said enumerated and described items of property. The items of property dealt with in this paragraph shall include but not be limited to those shown on any plans and specifications furnished by the party of the first part to party of the second part in connection with the making of the loan hereby secured. The items of property dealt with in this paragraph not actually attached to the buildings where located shall be deemed to be constructively attached and all items herein dealt with whether actually or constructively attached are agreed to be fixtures constituting a part of the realty above described (all 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 W.D. Thomas Homes, Inc., and the proceeds will be applied to the payment of the described indebtedness, the Security Deed and all expenses of this sale. Any remaining proceeds will be applied 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 party of the second part and without representation or warranty of any kind or nature whatsoever by party of the second part with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by W.D. Thomas Homes, Inc. who is the party in possession or a tenant or tenants, and said Property is more commonly known as Lots 42, 45, 55 and 56, Pod D, Traditions of Braselton, Phase I, Jackson County, Georgia.
The PrivateBank as attorney-in-fact for W.D. Thomas 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.
(AU6,13,20,27P4)
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