Jackson County Public Notices 09-24-2008 pt 3

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 (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated March 31, 2006, filed on April 12, 2006, in Deed Book 43-K, Page 418, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated March 31, 2006 from Grantor to Lender in the original principal amount of $112,000.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, 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 October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots C-80 and C-84, Pod C, Links at Traditions, Phase 1, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)

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 (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated March 31, 2006, recorded on April 12, 2006, in Deed Book 43-K, Page 429, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated March 31, 2006 from Grantor to Lender in the original principal amount of $112,000.00, as amended from time to time, in order to, among other things, decrease the original principal amount to $56,000.00 (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, 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 October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots C-82 and C-86, Pod C, Links at Traditions, Phase 1, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, (the “Plat”), which Plat is hereby incorporated herein by reference; LESS AND EXCEPT all that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot C-86, Pod C, Links at Traditions, Phase 1, as per the Plat, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)

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 (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated January 31, 2006, filed on February 6, 2006, in Deed Book 42-L, Page 778, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated January 31, 2006 from Grantor to Lender in the original principal amount of $65,000.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, 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 October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot H-66, Pod H, Woods at Traditions, Phase 1, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)

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 (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated January 31, 2006, filed on February 6, 2006, in Deed Book 42-M, Page 3, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated January 31, 2006 from Grantor to Lender in the original principal amount of $60,091.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, 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 October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot C92, Links at Traditions, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)

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 (the “Deed to Secure Debt”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated June 29, 2006, filed on July 10, 2006, in Deed Book 44O, Page 433, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), as modified by that certain Modification of Deed to Secure Debt and Security Agreement (the “Modification”), dated March 16, 2007, filed on March 30, 2007, in Deed Book 48B, Page 483, Jackson County Records (the Deed to Secure Debt, as so modified by the Modification, being hereinafter referred to as the “Security Instrument”), which Security Instrument was given to secure that certain Promissory Note, dated June 29, 2006, from Grantor to Lender in the original principal amount of $213,750.00, as amended from time to time in order to, among other things, decrease the original principal amount to $68,487.75 (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, 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 October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in the 248th GMD, Jackson County, Georgia, being Lot 21, Pod G, Fairways at Traditions, as per Plat recorded in Plat Book 64, Page 218, Jackson County Records, said Plat being incorporated herein by reference thereto; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mill/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)

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 (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated December 22, 2005, filed on January 19, 2006, in Deed Book 42-H, Page 86, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated December 22, 2005 from Grantor to Lender in the original principal amount of $59,736.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, 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 October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot C-90, POD C, PHASE 1 of LINKS AT TRADITIONS as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Rights of upper, lower and adjacent riparian owners in and to the waters of any stream, creek or branch and the natural flow thereof, free from diminution or pollution, including, without limitation, Morris Creek;
3. Declaration of Covenants, Conditions, and Restrictions for Traditions at Braselton recorded April 29, 2003, at Deed Book 29-Z, Page 59, Jackson County Records, as amended at Deed Book 31-D, Page 737, and as further amended by that certain Second Supplemental Declaration of Covenants, Conditions and Restrictions for Traditions at Braselton, dated December 17, 2003, recorded at Deed Book 32W, Page 408, Jackson County Records;
4. Easement Agreement from Bluegreen Communities of Georgia, LLC to Links at Traditions, LLC and Woods at Traditions, LLC dated December 17, 2003, recorded in Deed Book 32W, Page 429 Jackson County Records; as amended by that certain Amendment to Easement Agreement recorded at Deed Book 33-G, Page 244, Jackson County Records;
5. Declaration of Easements by Links at Traditions, LLC and Woods at Traditions, LLC dated December 17, 2003, recorded in Deed Book 32W, Page 458 Jackson County Records; as amended by First Declaration of Easements recorded at Deed Book 33G, Page 257, Jackson County Records; as further amended by Second Amendment to Declaration of Easements recorded at Deed Book 36Z, Page 574, Jackson County Records;
6. Declaration of Restrictive Covenants by Bluegreen Communities of Georgia, LLC, Links at Traditions, LLC and Woods at Traditions, LLC dated December 17, 2003, recorded in Deed Book 32W, Page 447 Jackson County Records;
7. Boundary Line Agreement by and between Links at Traditions, LLC, Woods at Traditions, LLC, Fairways at Traditions, LLC, The Brand Banking Company, The Peachtree Bank, Arlington Capital, LLC and Andrews Investment Associates, LLC and Richard B. Means dated November 30, 2004, filed and recorded on December 13, 2004 at Deed Book 36Z, Page 556, Jackson County Records;
8. Such matters as would be revealed by an accurate survey and inspection of the Premises;
9. All valid zoning ordinances; and
10. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)

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 (the “Security Instrument”) executed and delivered by GAREN HOMES, LLC (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), as the surviving entity of a merger with First Bank of the South, as the surviving entity of a merger with Lanier Community Bank, dated March 25, 2005, filed on April 6, 2005, in Deed Book 38-I, Page 133, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Construction/Development Loan Note dated March 25, 2005 from Grantor to Lender (as successor by merger) in the original principal amount of $230,000.00 (which Construction/Development Loan Note, together with any and all notes issued and accepted in substitution or exchange therefor, and as any of the foregoing may have been from time to time modified, extended, renewed, consolidated, restated or replaced, is hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, 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 October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Property”):
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lots H-62 and H-78, POD H, PHASE 1 of WOODS AT TRADITIONS as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description; and
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lots C-70 and C-74, POD C, PHASE 1 of LINKS AT TRADITIONS as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description; and
All building materials, equipment and appliances, including without limiting the generally of the foregoing, bricks, mortar, lumber and other items and equipment, which were acquired by Grantor to be placed upon or used in connection with the property, whether or not such materials are located upon or attached to the property, and all guaranties and warranties of workmanship or quality relating to said building materials, equipment and appliances, or other personal property and improvements and the construction and installation thereof, and all contract rights, business names and other intangibles of Grantor relating to the construction, equipment and operation of the property.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Property as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Property is in the possession of Grantor or other parties claiming by, through or under Grantor. The Property will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Property will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Property;
3. Such matters as would be revealed by an accurate survey and inspection of the Property;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Property conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)