Newspaper Page Text
WEDNESDAY, NOVEMBER 21, 2007
THE JACKSON HERALD
PAGE 13C
Public Notices Continued
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 EDGAR RODRIGUEZ to
NORTHPOINT CAPITAL, INC.,
dated January 3, 2003, recorded in
Deed Book 28-V, Page 244, Jackson
County, Georgia Records, as last
transferred to Chase Manhattan
Mortgage Corporation by assign
ment recorded in Deed Book 28V,
Page 261, Jackson County, Georgia
Records, conveying the after-
described property to secure a Note
in the original principal amount
of ONE HUNDRED THIRTY-SIX
THOUSAND SEVEN HUNDRED
FIFTY AND 0/100 DOLLARS
($136,750.00), with interest thereon
as set forth therein, there will be sold
at public outcry to the highest bid
der for cash before the Courthouse
door of Jackson County, Georgia,
within the legal hours of sale on the
first Tuesday in December, 2007, 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, fail
ure to pay the indebtedness as and
when due and in the manner pro
vided 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 attor
neys 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 ordi
nances, 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 EDGAR
RODRIGUEZ or a tenant or tenants
and said property is more com
monly known as 203 Kiley Drive,
Hoschton, Georgia 30548.
The sale will be conducted subject
(1) to confirmation that the sale
is not prohibited under the U.S.
Bankruptcy Code and (2) to final
confirmation and audit of the status
of the loan with the holder of the
security deed.
Chase Home Finance LLC sbm
to Chase Manhattan Mortgage
Corporation as Attorney-in-Fact for
Edgar Rodriguez
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
w w w. foreclosurehotline. net
MR/ell 12/4/07
Our file no. 51211905-FT3
EXHIBIT A
All that tract or parcel of land lying
and being in the 248th District, G.M.,
Jackson County, Georgia, being Lot
7, of Kiley's Korner Subdivision, as
per plat recorded in Plat Book 57,
Page 267, in the office of the Clerk
of the Superior Court of Jackson
County, Georgia, which recorded
plat is hereby incorporated herein
by reference and made a part of this
description.
MR/ell 12/4/07
Our file no. 51211905 - FT3
(NV7,14,21,28B/12062 5000)
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 CASEY VANCE
JONES to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. as
nominee for American Freedom
Mortgage Inc., dated September
14, 2005, recorded in Deed Book
40-U, Page 291, Jackson County,
Georgia Records, as last transferred
to The Bank of New York as Trustee
for Equity One Inc. Mortgage/pass
through certificate series # 2005-6
by assignment to be recorded in the
Office of the Clerk of Superior Court
of Jackson County, Georgia Records,
conveying the after-described prop
erty to secure a Note in the original
principal amount of ONE HUNDRED
FORTY-FOUR THOUSAND AND
0/100 DOLLARS ($144,000.00),
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 December, 2007, the fol
lowing described property:
All that tract or parcel of land
lying and being in the 1765 District,
G.M., Jackson, Georgia, encom
passing 0.78 acres, more or less,
according to plat of survey for Ercie
Whitney Akers”, as surveyed by
W.T. Dunahoo and Associates, Inc.,
dated August 13, 1997, and being
more particularly described and
delineated as follows:
Commencing at a point to the
center of Curt Roberts Road/Cr 183
(dirt) (no r/w/) said point lying
2.650 feet along the center line
of said road from its intersection
with the Highway 53; from said
point proceed along said center line
the following courses and distances;
north 85 degrees 02 minutes 00
seconds east, a distance of 28.70
feet south 82 degrees 35 minutes
00 seconds east, a distance of 38.00
feet, south 72 degrees 01 minutes 00
seconds east, a distance of 100.30
feet, south 66 degrees 52 minutes
00 seconds east, a distance of 160
feet to a point; thence leaving said
roadway south 24 56 minutes 00
seconds west, a distance of 189.50
feet to an ips on the line common
with n/f H.L. Duck; thence north
40 degrees 30 minutes 00 seconds
west, a distance of 352.50 feet to
a point on the center line of Curk
Roberts Road being the point of
beginning.
Less and Except any portion of
the above described property lying
within the right of way of Curk
Roberts Road/CR 183
The debt secured by said Security
Deed has been and is hereby
declared due because of, among
other possible events of default, fail
ure to pay the indebtedness as and
when due and in the manner pro
vided 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 attor
neys 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 ordi
nances, 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 CASEY
VANCE JONES or a tenant or ten
ants and said property is more com
monly known as 510 Curk Roberts
Rd., 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.
The Bank of New York as Trustee
for Equity One Inc. Mortgage/pass
through certificate series # 2005-6
as Attorney-in-Fact for CASEY
VANCE JONES
Morris, Schneider, Prior, Johnson
& Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_
sales.asp
MSP/eds 12/4/07
Our file no. 1765807-FT10
(NV7,14,21,28B/12062 7000)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the power of sale
contained in a Deed to Secure Debt
from R.G. CLOER ENTERPRISES,
INC. to THE BRAND BANKING
COMPANY dated December 8,
2004, and recorded in Deed Book
37-A at Pages 2-4, in the Records of
the Clerk of Superior Court, Jackson
County, Georgia, there will be
offered for sale at public outcry to
the highest bidder for cash before
the Courthouse door of said County
during the legal hours of sale on the
First Tuesday in December, 2007,
the following described property:
All that tract or parcel of land
lying and being in the 1691st G.M.
District of Jackson County, Georgia,
designated as Lot 35, The Meadows
Subdivision, as per plat recorded in
Plat Book 64, Pages 73-81, Jackson
County Records, which plat is here
by referred to and made a part of
this description.
The aforesaid Deed secures any
other or future indebtedness of the
Grantor therein specified, including
any renewal thereof.
The indebtedness secured by said
Deed has been declared due and
payable by reason of default under
the provisions of said Deed and the
terms of the Note or Notes secured
thereby, and sale will be made for
the purpose of applying the pro
ceeds thereof toward expenses of
sale, payment of the indebtedness
and interest thereon, and any bal
ance remaining shall be applied as
provided by law.
The property will be sold as
the property of R.G. CLOER
ENTERPRISES, INC., who, to the
best of the undersigned's knowledge
and belief, is the party in possession
of the property.
Notice has been given of intention
to enforce provisions for collection
of attorneys' fees and expenses of
foreclosure in accordance with legal
requirements and the terms of the
above Note and Deed.
The property will be sold subject
to any and all unpaid taxes, assess
ments, general subdivision restric
tions, and other restrictions and
easements of record, if any.
THE BRAND BANKING COMPANY,
Attorney-in-Fact for R.G. CLOER
ENTERPRISES, INC.
Steven A. Pickens, Esq.
MAHAFFEY PICKENS TUCKER,
LLP
1550 North Brown Road
Suite 125
Lawrenceville, Georgia 30043
770-232-0000
(NV7,14,21,28P4)
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 JORGE LLANES to UNITED
COMMUNITY BANK, dated March
14, 2006, recorded March 29,
2006, in Deed Book 43-F, Page 306,
Jackson County, Georgia Records,
as last modified by Modification of
Security Deed dated February 23,
2007, recorded in Deed Book 47-T,
Page 506, Jackson County, Georgia
Records; as cross-collateralized with
that certain Deed to Secure Debt
dated March 14, 2006, recorded
March 24, 2006 in Deed Book 5634,
Page 276, Hall County, Georgia
Records and that certain Deed to
Secure Debt date March 14, 2006,
recorded April 24, 2006, in Deed
Book 5664, Page 46, Hall County,
Georgia Records; said Security Deed
being given to secure a Note from
JORGE LLANES dated February
23, 2007, in the original principal
amount of Two Hundred Eleven
Thousand One Hundred Ninety
One and 33/100 ($211,191.33)
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 December, 2007, the fol
lowing described property:
All that tract or parcel of land lying
and being in the City of Commerce,
Jackson County, Georgia, described
as follows: Beginning at a rock,
thence North 58 West 1.80 to a rock,
thence North 22 1/2 East 88 to a
rock; thence South 58 East 1.85 to a
rock, thence 30 1/2 West 88 to the
beginning point, being all of the bal
ance of the Lot or Tract of land that
was left after Lon Rucker has sold
a Lot to John Bond, being the same
lands described in Deed from Lon
Rucker to Lloyd Smith and Emma
Lillie Smith, recorded in the Office
of Superior Court Clerk of Jackson
County, Georgia in Deed Book
3-H, Page 452, and known by the
City Street Numbering System of
Commerce, Georgia as 628 Homer
Road, upon which land is located a
frame dwelling.
The debt secured by said Security
Deed has been and is hereby
declared due because of, among
other possible events of default, fail
ure to pay the indebtedness as and
when due and in the manner pro
vided 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 attor
ney's fees (notice of intent to collect
attorney's fees having been given).
Said property will be sold sub
ject to any outstanding ad valorem
taxes (including taxes which are
a lien, but not yet due and pay
able), any matters which might
be disclosed by an accurate sur
vey 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 JORGE
LLANES or a tenant or tenants.
UNITED COMMUNITY BANK, as
Attorney-in-Fact for JORGE LLANES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00189
THIS LAW FIRM IS ATTEMPTING
TO COLLECT
A DEBT.
ANY
INFORMATION
OBTAINED
WILL
BE USED FOR THAT PURPOSE.
(NV7,14,21,28B/16022 6000)
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 BEAR CREEK PLANTATION
BUILDERS, LLC to UNITED
COMMUNITY BANK, dated July 27,
2005, recorded August 1, 2005, in
Deed Book 39-X, Page 652, Jackson
County, Georgia Records, as amend
ed by Amendment to Deed to Secure
Debt and Security Agreement dated
February 15, 2007, recorded in Deed
Book47-Q, Page 745, Jackson County,
Georgia Records, said Security
Deed being given to secure a Note
from BEAR CREEK PLANTATION
BUILDERS, LLC of even date in the
original principal amount of Three
Hundred Fifteen Thousand and
00/100 ($315,000.00) Dollars, as
amended, 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 December, 2007, the fol
lowing described property:
All that tract or parcel of land sit
uate, lying and being in the 1747th
District, G.M. Jackson County,
Georgia, and identified as Lots 1,
14, 15, 21, 26, 27 and 28 in that
certain plat of survey entitled "Final
Plat for Bear Creek Plantation",
dated March 5, 2004, prepared
by Schmitt Engineering and Land
Surveying, Inc., Phillip J. Schmitt,
GRLS, and recorded in Plat Book 62,
Page 239, in the Office of the Clerk
of the Superior Court of Jackson
County, Georgia.
LESS AND EXCEPT: All that tract
or parcel of land situate, lying
and being in the 1747th District,
G.M. Jackson County, Georgia, and
identified as Lot 27 in that certain
plat of survey entitled "Final Plat
for Bear Creek Plantation”, dated
March 5, 2004, prepared by Schmitt
Engineering and Land Surveying,
Inc., Phillip J. Schmitt, GRLS, and
recorded in Plat Book 62, Page 239,
in the Office of the Clerk of the
Superior Court of Jackson County,
Georgia.
Including the following: (i) all
sums of Grantor on deposit with
Grantee from time to time (the
"Deposits”); (ii) if the Land is to
be subdivided into lots, all income
received from the sale of such lots
(the "Lot Sales Income”); (iii) all
fixtures and personal property
included (whether generally or
specifically) in the definition of
"Premises" set forth hereinabove
and now or hereafter acquired by
Grantor, and all replacements, sub
stitutions and additions thereto (the
"Fixtures and Personalty"); (iv) all
plans, specifications, drawings, sur
veys, contracts (including contracts
with general contractors and archi
tects) and subcontracts related to
the improvement and development
of the Premises (the “Improvement
Documents"); and (v) all proceeds
(including cash proceeds and pro
ceeds of proceeds) of all of the fore
going (all such Deposits, Lot Sales
Income, Fixtures and Personalty,
Improvement Documents and pro
ceeds are collectively referred to
herein as the "Collateral”).
The debt secured by said Security
Deed has been and is hereby
declared due because of, among
other possible events of default, fail
ure to pay the indebtedness as and
when due and in the manner pro
vided 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 attor
ney's fees (notice of intent to collect
attorney's fees having been given).
Said property will be sold sub
ject to any outstanding ad valorem
taxes (including taxes which are
a lien, but not yet due and pay
able), any matters which might
be disclosed by an accurate sur
vey 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 BEAR
CREEK PLANTATION BUILDERS,
LLC or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for BEAR CREEK
PLANTATION BUILDERS, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00175
(NV7,14,21,28B/16022 7000)
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 BEAR CREEK PLANTATION
BUILDERS, LLC to UNITED
COMMUNITY BANK, dated July
27, 2005, recorded August 1, 2005,
in Deed Book 39-X, Page 665,
Jackson County, Georgia Records,
as last amended by Amendment to
Deed to Secure Debt and Security
Agreement dated February 15,
2007, recorded in Deed Book 47-Q,
Page 747, Jackson County, Georgia
Records; said Security Deed being
given to secure a Note from BEAR
CREEK PLANTATION BUILDERS,
LLC of even date in the original
principal amount of One Million
Sixty Two Thousand and 00/100
($1,062,000.00) Dollars, as amend
ed, 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 December, 2007, the fol
lowing described property:
All that tract or parcel of land sit
uate, lying and being in the 1747th
District, G.M., Jackson County,
Georgia, and identified as Lots 9,
20, 22, 23, 29 and 30 in that cer
tain plat of survey entitled "Final
Plat for Bear Creek Plantation”,
dated March 5, 2004, prepared
by Schmitt Engineering and Land
Surveying, Inc., Phillip J. Schmitt,
GRLS, and recorded in Plat Book 62,
Page 239, in the office of the Clerk
of the Superior Court of Jackson
County, Georgia.
LESS AND EXCEPT: All that tract
or parcel of land lying and being
in the 1747th District, G.M., Jackson
County, Georgia, and being Lots 9,
23 and 29 of Bear Creek Plantation
Subdivision, as per plat recorded
in Plat Book 62, Page 239, Jackson
County, Georgia, which plat is
incorporated herein by reference
for a more detailed description.
The debt secured by said Security
Deed has been and is hereby
declared due because of, among
other possible events of default, fail
ure to pay the indebtedness as and
when due and in the manner pro
vided 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 attor
ney's fees (notice of intent to collect
attorney's fees having been given).
Said property will be sold sub
ject to any outstanding ad valorem
taxes (including taxes which are
a lien, but not yet due and pay
able), any matters which might
be disclosed by an accurate sur
vey 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 BEAR
CREEK PLANTATION BUILDERS,
LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as
attorney-in-Fact for BEAR CREEK
PLANTATION BUILDERS, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00176
(NV7,14,21,28B/16022 60000
Inc. Notice
Notice is given that Articles of
Incorporation which will incorpo
rate BAER CORPORATION will be
delivered to the Secretary of State
for filing in accordance with the
Georgia Business Corporation Code.
The initial registered office of the
corporation is located at 144 Melvin
Drive, Jefferson, Georgia, and its ini
tial registered agent at such address
is Marc A. Middleton.
(NV21,28P2)
Barnes Estate
Notice to Debtors
and Creditors
In Re: Estate of JAMES WILBUR
BARNES, SR., Deceased
All creditors of the Estate of JAMES
WILBUR BARNES, SR., Deceased,
are hereby notified to render their
demands to the me according to
law, and all debtors to said Estate
are required to make immediate
payment to me.
This 13th day of November, 2007.
Jack H. Barnes, Executor
Estate of James Wilbur Barnes, Sr.
Mitchell A. Musser
Attorney for Executor
Russell, Stell, Smith & Mattison,
P.C.
4977 Highway 53
Braselton, Georgia 30517
706-824-0250
(NV21,28,DC5,12B/818 1000)
Public Hearing
The Jackson County Board
of Adjustment will hold a Public
Hearing on Thursday, December 6,
2007, at 7:00 p.m., at the Jackson
County Administrative Auditorium,
67 Athens Street, Jefferson, Georgia,
on the following matters:
BOA-07-19 Curtis S Dale and
Atlas Pools have requested a vari
ance to reduce the 20 foot setback
for a pool at 577 Hunting Hills Drive
from the required 20 feet mini
mum down to 10 feet for property
zoned R-l (Residential Low Density
District) as stated in Section 302(b)
(l)h. (Map 117C Parcel 022)
BOA-07-20 Jared Bailey has
requested a variance to permit
the placement of an accessory use
(swimming pool) in front of the
principle structure as required by
Section 302 (b)2.c. for property
located at 65 Ambrosia Walk. The
property is zoned R-l (Residential
Low Density District) (Map 114
Parcel 021D)
Complete applications, plats,
texts, maps, and public hearing pro
cedures are available for review in
the Planning Division Office, of the
Department of Public Development
during regular office hours. All
interested persons are invited to
attend.
(NV21B/485 2000)
Name Change
Notice of Petition
to Change Name
In the Superior Court
of Jackson County
State of Georgia
In re the Name Change of:
Petitioner: KATIE CAPE POE
Notice is hereby given that KATIE
CAPE POE, the undersigned, filed
her petition to the Superior Court
of Jackson County, Georgia, on the
14th day of November, 2007, pray
ing for change in the name of peti
tioner from KATIE CAPE POE to
KATIE ELIZABETH CAPE.
Notice is hereby given pursuant
to law to any interested or affected
party to appear in said Court and
file objections to such name change.
Objections must be filed with the
Court within 30 days of the filing of
said petition.
This 14th day of November, 2007.
Katie Cape Poe
53 Rainwater Lane
Pendergrass, GA 30567
706-693-4126
(NV21,28,DC5,12P4)
Inc. Notice
Notice of Intent to Incorporate
Notice is given that Articles of
Incorporation which will incorpo
rate ROOSTER CAFE OF JEFFERSON,
INC. will be delivered to the Secretary
of State for filing in accordance with
the Georgia Business Corporation
Code. The initial registered office
of the corporation will be located
at 769 Highway 124 W, Jefferson,
Jackson County, Georgia 30549.
The initial registered agent at such
address shall be KIMBERLY POPE.
DAVID H. ROBERTSON
ROBERTSON & GABLE, LLC
3075 Breckinridge Blvd.
Suite 450
Duluth, GA 30096
(770) 736-5182
(NV21,28P2)
Notice
Public Sale of
Abandoned Vehicle
Pursuant to OCGA Subsection
40-11-2, Seymour's Wrecker Service
through its agents states that the
following vehicle is abandoned and
will be sold at auction Monday,
December 3, 2007, at 10 A.M. at
2909 Ila Road, Commerce, GA
continued on following page