Newspaper Page Text
WEDNESDAY, NOVEMBER 5, 2008
THE JACKSON HERALD
PAGE 7C
Legal Notices
Civil Lawsuits
Superior Court
• Madelyn A. Reynolds and Destiny L. Reynolds vs. Stacy J.
Reynolds - Complaint for Recovery of Child Support
• Lacey B. Palmer vs. Butch E. Palmer - Petition for Medical
Support
•Assignee of Palisades Acquisition XVI, LLC, MBNA and The
Successor by Merger Mann Bracken, LLC vs. Charles Gettig -
Application to Confirm an Arbitration Award
• Howard Wyatt Martin - Petition to Change Name of Minor
Child
•Thomas B. Bishop vs. Joey W. Bishop and Aileen H. Conn -
Petition to Adopt Agency Recommendation
• Carley Foster, Katherine G. Carpenter and Kassandra D.
Carpenter vs. Stephanie M. Roe - Complaint for Contempt
•Summer Howington vs. Frank Reed - Complaint for
Contempt
• Logan T. Evans vs. Brandy L. Carlile - Complaint for
Recovery of Child Support
•Timothy K. McKeithan and Zachary S. McKeithan vs. Katrina
A. Dickerson - Complaint for Recovery of Child Support
•Jakob M. Hewatt vs. Robert L. Hewatt - Complaint for
Recovery of Child Support
•Jessica M. Brown vs. Catherine L. King - Complaint for
Contempt
• Cory M. Reed Jr. vs. Cory M. Reed - Complaint for
Contempt
• Devon Lester and Bryson Thompson vs. Shelley Lester -
Complaint for Recovery of Child Support
• Devon Lester, Bryson Thompson and Destiny Lester vs. Gary
A. Lester - Complaint for Recovery of Child Support
•Jennifer Daniel vs. Bradley L. Hewell - Petition for Medical
Support
•Gloria M. Goss vs. Marion J. Goss - Complaint for Recovery
of Child Support
•Julius Rakestraw Jr. vs. Julius Radestraw - Complaint for
Contempt
• North Star Capital Acquisition A/A/O Capital One Bank (USA)
NA vs. Julie B. Thomas - Suit on Account
•Assignee of Velocity Investments, LLC vs. Sadruddin M.
Murdhani-Suit on Account
•Assignee of Arrow Financial Services LLC vs. Donnie Banks
-Suiton Account
• HSBC Bank Nevada, N.A. vs. Brenda E. Adams - Suit on
Account
• Fidelity National Bank vs. Christopher Call - Garnishee
- Waste Pro of Georgia, Inc. - Affidavit for Continuing
Garnishment
•Asset Acceptance LLC A/A/O Dell Financial Services vs. Matt
Wood-Suit on Account
•The Lyric Co. LLC Assignee of First USA Bank, NA vs. Troy
A. Lasley - Complaint on a Contract
• Colorado Capital Investments, Inc. vs. Sandra D. Thomas -
Complaint on a Contract
• Colorado Capital Investments, Inc. A/A/O Citibank USA, N.A.
vs. Troy Lasley - Complaint on a Contract
•Assignee of Asset Acceptance LLC vs. Alicia Michelle Sapp
-Suit on Account
• Christopher Strother vs. Laura Smetana - Petition for
Modification of Child Support
• Ned Appleby vs. Lillie Bell Porter, Peggy Jean Moore,
Chris Randolph, Express Mortgage Services, Inc., Fred Wilson,
Maquaita Cooper, Kenneth Cooper, Rachel Watson and Elbert
Kidd - Petition to Establish Title Against All the World
• Michael Delgado vs. Susan Williams-Petition to Legitimate
& to Determine Paternity
• Lisa Carr vs. Embry J. Carr - Petition for Stalking Temporary
Protective Order
• Capital One Bank (USA) N.A. vs. Shantara F. Huff - Suit on
Account
• Discover Bank vs. Michael A. Vultaggio - Suit on Account
•Jakob M. Hewatt vs. Ericka A. Sturkie - Complaint for
Recovery of Child Support
• Kaleb Howington vs. Trandum Howington - Complaint for
Contempt
•Anthony J. Twiss vs. John G. Gibson Jr. - Complaint for
Contempt
•Jaden M. Garner vs. Loren A. McGee - Complaint for
Contempt
•James R. Davis Jr. vs. Janet D. Davis - Petition for
Modification
• Five Divorce Cases were Filed
October 23, 2008 - October 28, 2008
State Court
•Assignee of Harwig Collection Services, LLC V and
Household Bank Nevada, N.A. vs. Johnny Pierce - Complaint
on a Contract
• HSBC Bank Nevada, N.A. vs. Dennis R. McNabb — Complaint
on Account
• Midland Funding, LLC vs. Kelsei Crowe - Complaint on
Account
•Yellow Book Sales & Distribution Co. Inc. vs. Rooter Express
Plumbing, Inc. and Thomas Roderick Allred - Complaint on
Contract
•Target National Bank vs. Jenny R. Marshall - Complaint
•Target National Bank vs. Janice Mattson - Complaint
•Target National Bank vs. Lori M. Findley - Complaint on
Account
• HD Supply vs. Global H.V.A.C. Inc. and Michael Walker -
Complaint
• BJC Medical vs. Scott Hall - Complaint on Contract
• BJC Medical vs. Mary McCurtain - Complaint on Contract
• BJC Medical vs. Johnny Sanders - Complaint on Contract
• BJC Medical vs. Billy Bowles-Complaint on Contract
• BJC Medical vs. Ina Smith - Complaint on Contract
• Nemdegelt Inc. Assignee of Green Light Finance Co. vs.
Cataka Menena Petty - Complaint on Contract
• International Portfolio Inc. vs. Yancey L. Hill - Complaint
on Contract
October 23. 2008 - October 27. 2008
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”) exe
cuted and delivered by GAREN
HOMES, INC. (“Grantor”) to
UNITED COMMUNITY BANK
(“Lender”), dated June 20,
2006, filed on June 28, 2006,
in Deed Book 44-L, Page 613,
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 481, Jackson
County Records (the Deed
to Secure Debt, as so modi
fied by the Modification, being
hereinafter referred to as the
“Security Instrument”), which
Security Instrument was
given to secure that certain
Promissory Note, dated June
20, 2006, from Grantor to
Lender in the original princi
pal amount of $260,000.00, as
amended from time to time, in
order to, among other things,
decrease the original princi
pal amount to $57,634.17
(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, secur
ing or otherwise relating to the
indebtedness evidenced and
secured thereby, there will
be sold by the undersigned
at public outcry, to the high
est bidder for cash, before the
courthouse door at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in December, 2008,
to wit: December 2, 2008,
the real and personal prop
erty conveyed by the Security
Instrument, and described as
follows but specifically exclud
ing any and all escrows and/
or reserves for taxes, insur
ance 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 herein
after 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 par
ticularly described as follows:
All that tract or parcel of
land lying and being in the
248th GMD, Jackson County,
Georgia, being Lot 86, Pod
C, Links at Traditions, as per
Plat recorded in Plat Book 64,
Page 215, Jackson County
Records, said Plat being incor
porated herein by reference
thereto; and
(b) All buildings, structures
and other improvements of
every kind and nature whatso
ever then or thereafter situated
on the Land; and all machinery,
equipment, fixtures, applianc
es 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 spe
cifically, 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 claim
ing, by, through or under either
of them; and
(c) All and singular the ease
ments, 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, miner
als, royalties, privileges, liber
ties, tenements, hereditaments
and appurtenances what
soever, 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 improve
ments then or thereafter locat
ed 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 acceler
ated 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 person
alty separately or in a single lot
shall be given by announce
ment made at the commence
ment of the public sale.
To the best of the under
signed’s knowledge and belief,
the Premises is in the pos
session 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 war
ranty, express or implied, of
any nature whatsoever with
respect thereto, with no assur
ance 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, inci
dent to the Premises;
3. Such matters as would
be revealed by an accurate
survey and inspection of the
Premises;
4. All valid zoning ordinanc
es; and
5. All other, if any, ease
ments, limitations, reserva
tions, 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 giv
ing 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
(NV5,12,19,26N/C)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of
Sale contained in that cer
tain Security Deed from
WILLARD A. BRADLEY to
MORTGAGE ELECTRONIC
REGISTRATION
SYSTEMS, INC. as nomi
nee for HARBOURTON
MORTGAGE INVESTMENT
CORPORATION ISAOA,
dated October 30, 2006,
recorded in Deed Book 46-M,
Page 656, Jackson County,
Georgia Records, said Security
Deed having been given to
secure a Note of even date in
the original principal amount
of TWO HUNDRED FORTY
THOUSAND AND 00/100
DOLLARS ($240,000.00) with
interest thereon as provided
for therein, said Security Deed
having been last sold, assigned
and transferred to Bayview
Loan, LLC, there will be sold
at public outcry to the high
est bidder for cash before the
Courthouse door of Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in December 2008
the following described prop
erty:
The following described real
property situate in the City of
Jefferson, County of Jackson,
and State of Georgia, to wit:
All that tract or parcel of land
lying and being in 245 G.M.D.,
Jackson County Georgia, des
ignated as Lot 64 as shown on
plat and survey of Wood Farms,
Phase I, as shown on plat
and survey of Wood Brothers
Land Surveyors, Inc., dated
December 17, 2003, record
ed in the office of the Clerk
of Superior Court of Jackson
County, Georgia, in Plat Book
62, at Page 148. For a more
detailed description, reference
is hereby made to said plat as
recorded.
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 attorney’s
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: all zoning ordi
nances; 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 restric
tive covenants, easements,
rights-of-way and any other
matters of record superior to
said Security Deed. To the
best knowledge and belief of
the undersigned, the party in
possession of the property is
Willard A. Bradley or a tenant
or tenants, and said property
is more commonly known as
107 Wood Cove, Jefferson,
GA 30549.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the Security
Deed.
Bayview Loan Servicing,
LLC as Attorney in Fact for
Willard A. Bradley
Contact: Crystal Trahan
THE CALLINS LAW FIRM,
LLC
101 Marietta Street, Suite
1030
Atlanta ,GA 30303
(404) 681-5826
File No. F08.03.270
THIS LAW FIRM IS
ATTAMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(NV5,12,19,26P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
Jackson County
By virtue of the power of sale
contained in that certain Deed
to Secure Debt and Security
Agreement from ROYCE
HOMES - ATLANTA, LLC, a
Delaware limited liability com
pany (“Borrower”), to RBC
Bank (USA), a North Carolina
banking corporation, formerly
known as RBC CENTURA
BANK, a North Carolina bank
ing corporation (“Lender”),
dated January 16, 2007, filed
for record January 18, 2007,
recorded in Deed Book 47-F,
Page 49, Jackson County,
Georgia Records, said Deed
to Secure Debt having been
given to secure a Promissory
Note dated January 20, 2006,
in the original principal sum of
SIXTEEN MILLION DOLLARS
($16,000,000.00) executed
by Royce Homes, L.P., a
Delaware limited partnership,
and Royce Homes-Phoenix,
LLC, a Delaware limited liability
company, and payable to the
order of Franklin Bank, SSB,
a Texas state savings bank, a
Promissory Note dated January
20,2006, in the original principal
sum of NINETEEN MILLION
DOLLARS ($19,000,000.00)
executed by Royce Homes,
L.P., a Delaware limited part
nership, and Royce Homes-
Phoenix, LLC, a Delaware
limited liability company, and
payable to the order of Lender,
and a Promissory Note dated
January 20,2006, in the original
principal sum of FIVE MILLION
DOLLARS ($5,000,000.00)
executed by Royce Homes,
L.P., a Delaware limited part
nership, and Royce Homes-
Phoenix, LLC, a Delaware
limited liability company, and
payable to the order of Royal
Bank of Canada, a Canadian
chartered bank (collective
ly, “Notes”, the payment of
which has been assumed by
Borrower), with interest from
said dates at the rates stated
in said Notes on the unpaid
balance until paid, there will
be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse door at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in December, 2008, to
wit December 2, 2008, the fol
lowing described real property
(the “Land”):
All that tract or parcel of land
lying and being in G.M.D. 248
of Jackson County, Georgia,
being more particularly
described on that certain sub
division of Charlotte Estates,
being Lots 11-19, 47, 48, 49,
91, 92, and 93, and recorded
at Plat Book 68, Pages 211-
220, Jackson County Records.
TOGETHER WITH the fol
lowing personal property,
whether now owned or here
after acquired by Borrower: (i)
all buildings and improvements
now or hereafter erected on the
Land; (ii) all fixtures, machinery,
equipment and other articles of
real, personal or mixed prop
erty attached to, situated or
installed in or upon, or used in
the operation or maintenance
of, the Land or any buildings or
improvements situated there
on, whether or not such real,
personal or mixed property is
or shall be affixed to the Land;
(iii) all building materials, build
ing machinery and building
equipment delivered on site to
the Land during the course of,
or in connection with, any con
struction, repair or renovation
of the buildings and improve
ments situated or to be situated
thereon; (iv) all leases, licenses
or occupancy agreements of
all or any part of the Land and
all extensions, renewals, and
modifications thereof, and any
options, rights of first refusal or
guarantees relating thereto; all
rents, income, revenues, secu
rity deposits, issues, profits,
awards and payments of any
kind payable under the leases
or otherwise arising from the
Land; (v) all contract rights,
accounts receivable and gen
eral intangibles relating to the
Land or the use, occupancy,
maintenance, construction,
repair or operation thereof;
all management agreements,
franchise agreements, util
ity agreements and deposits;
all maps, plans, surveys and
specifications; all warranties
and guaranties; all permits,
licenses and approvals; and
TolbertpiBradford
ATTORNEYS AT lAW
STOP Foreclosures
STOP Repossessions
STOP Garnishments
STOP Tax Levies
STOP Creditor Harassment
Chapter 13 Repayment (Pay only Filing Fees to Start)
Chapter 7 Get a Fresh Start
Free Initial Consultation
Athens • 706-549-8545 • 320 E. Clayton Street, Suite 514 • Athens, GA 30601
Jefferson • 706-367-5290 • 62 Washington Street • Jefferson, Georgia 30549