Newspaper Page Text
WEDNESDAY, NOVEMBER 5, 2008
THE JACKSON HERALD
PAGE 13 C
Public Notices Continued
ferred to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc. pur
suant to said deed and the
note thereby secured, has
declared the entire amount of
said indebtedness due and
payable and pursuant to the
power of sale contained in said
deed, will on the first Tuesday
in December, 2008, during
the legal hours of sale, at the
Courthouse door in Jackson
County, sell at public outcry
to the highest bidder for cash,
the property described in said
deed to-wit:
All that tract or parcel of land
lying and being in the 455th
GMD, Jackson County, Georgia
and containing 0.85 acre, more
or less, being known as Lot 18
of Forest Lakes Subdivision,
as shown by Plat of Survey
of same of W.T. Dunahoo and
Associates, Inc., dated March
11,1985, said plat being record
ed in the Office of the Clerk
of Superior Court of Jackson
County, Georgia in Plat Book
22, Page 79. Said plat, as
recorded is hereby referenced
for a more detailed descrip
tion of said property. Subject to
existing easements and utilities
now in use. Commonly known
as 271 Forest Lake Road,
Pendergrass, GA 30567.
However, by showing this
address no additional cover
age is provided.
which has the property
address of 271 Forest Lake
Road, Pendergrass, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Josh Hall
and the proceeds of said sale
will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute
a deed to the purchaser as
provided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Josh Hall
Anthony DeMarlo, Attorney/
kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25148 /FNMA
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
AND IS ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(NVS, 12,19,26B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by CHRISTOPHER
WAYNE HEATH and
CHRISTY LYNN HEATH to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated May 12, 2008, in
the amount of $104,854.00,
and recorded in Deed Book
52-J, Page 466, Jackson
County, Georgia Records, as
last transferred to First Horizon
Home Loans, a division of
First Tennessee Bank National
Association dba Homebanc
Mortgage by assignment, the
undersigned, First Horizon
Home Loans, a division of
First Tennessee Bank National
Association dba Homebanc
Mortgage pursuant to said
deed and the note thereby
secured, has declared the
entire amount of said indebt
edness due and payable and
pursuant to the power of sale
contained in said deed, will on
the first Tuesday in December,
2008, during the legal hours of
sale, at the Courthouse door in
Jackson County, sell at public
outcry to the highest bidder for
cash, the property described in
said deed to-wit:
All that tract or parcel of
land lying and being in the City
of Commerce, 255th District,
G.M., Jackson County, Georgia,
and being that 0.344 acres,
more or less, designated as Lot
No. 10, Hillcrest Subdivision,
Phase 2, now called The Bluffs
at Commerce, as more par
ticularly shown on a plat of
survey prepared for Jonathan
S. Martin and Jennifer Martin
by Barry D. Lord, Registered
Surveyor, dated October 14,
2003, recorded in Plat Book 61,
Page 269, in the Office of the
Clerk of the Superior Court of
Jackson County, Georgia and
incorporated herein and made
a part hereof by reference for a
more detailed description.
which has the property
address of 60 Wildcat Lane,
Commerce, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Christopher
Wayne Heath and Christy Lynn
Heath and the proceeds of
said sale will be applied to the
payment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute
a deed to the purchaser as
provided in the aforementioned
Security Deed.
First Horizon Home Loans,
a division of First Tennessee
Bank National Association dba
Homebanc Mortgage Attorney
in Fact for Christopher Wayne
Heath and Christy Lynn Heath
Anthony DeMarlo, Attorney/
awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25071 /FHA
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
AND IS ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(NVS, 12,19,26B/1325-60)
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by GRACIELA E.
WEST and ROBERT L. WEST
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS
INC., dated September
22, 2005, in the amount of
$137,600.00, and recorded in
Deed Book 41-E, Page 661,
Jackson County, Georgia
Records, as last transferred
to Mortgage Electronic
Registration Systems, Inc.
by assignment; the under
signed, Mortgage Electronic
Registration Systems, Inc. pur
suant to said deed and the
note thereby secured, has
declared the entire amount of
said indebtedness due and
payable and pursuant to the
power of sale contained in said
deed, will on the first Tuesday
in December, 2008, during
the legal hours of sale, at the
Courthouse door in Jackson
County, sell at public outcry
to the highest bidder for cash,
the property described in said
deed to-wit:
All that tract or parcel of
land lying and being in the
248th GMD of Jackson County,
Georgia, being Lot 5 Block A
of Poplar Creek Estates as
shown on the subdivision plat
dated 7-30-94, by Cornerstone
Land Surveying, Georgia
Registered Surveyors, record
ed in Plat Book 42, Page 144
of the Jackson County, Georgia
Plat Records, and which plat
is hereby incorporated by ref
erence for a more complete
description of said property.
which has the property
address of 256 Poplar Springs
Rd, Hoschton, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Graciela E.
West and Robert L. West and
the proceeds of said sale will be
applied to the payment of said
indebtedness, the expense
of said sale, all as provided
in said deed, and the under
signed will execute a deed to
the purchaser as provided in
the aforementioned Security
Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Graciela E.
West and Robert L. West
Anthony DeMarlo, Attorney/
ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-06015/CONV
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
AND IS ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(NVS, 12,19,26B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of a default in the
payment of principal and inter
est on a certain Real Estate
Note dated August 15, 2008
in the original principal amount
of $66,500.00, (hereinafter
the “Note”), said Note being
secured by the real prop
erty described in that certain
Deed to Secure Debt execut
ed by SANDRA L. LEROY
to TOMMY A. BOYD, dated
August 15, 2008, recorded in
Deed Book 53-C, Pages 456-
461, in the Office of the Clerk
of Superior Court of Jackson
County, Georgia; said default
having been more than thirty
(30) days and not having been
made good in accordance with
the terms and provisions of
said Deed to Secure Debt,
TOMMY A. BOYD, pursuant
to said Deed to Secure Debt,
and the Note secured thereby,
has declared the entire amount
of the indebtedness secured
by said Deed to Secure Debt,
due, payable, and collectible;
and, pursuant to the power of
sale contained in said Deed to
Secure Debt, will, on the first
Tuesday in December, 2008,
within the legal hours of sale
before the Courthouse door in
Jackson County, Georgia, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said Deed to
Secure Debt, to wit:
All that tract or parcel of land,
situate, lying and being in the
1747th District, G.M. Jackson
County, Georgia, contain
ing 0.93 acres, more or less,
according to that certain plat
or survey entitled, “Survey For:
Tommy A. Boyd”, prepared by
James M. Paul, Registered
Land Surveyor Number 1530,
dated September25,2007, and
recorded in Plat Book 67, page
34, in the Office of the Clerk of
Jackson County, Georgia, and
being incorporated herein by
reference for a more particular
description.
TOGETHER with all right,
title, interest and use the
Grantor has in and to the
20-foot driveway easement
adjacent to the westerly side
of the above-described prop
erty and more fully described
in Driveway Easement
Agreement by and between
Hazel Seagraves and Tommy
A. Boyd dated November 1,
2007, and recorded in Deed
Book 500, page 354-362, in
the Office of the Clerk of the
Superior Court of Jackson
County, Georgia.
To the best of the under
signed’s information and belief
the street address for the
above described property is:
2068 Highway 330, Bogart,
Georgia 30622.
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale and
the Deed to Secure Debt and
Security Agreement containing
said power.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code; (2)
O.C.G.A. Section 9-13-172.1;
and (3) final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Pursuantto O.C.G.A. Section
9-13-172.1, which allows for
certain procedures regarding
the rescission of judicial and
nonjudicial sales in the State
of Georgia, the Deed Under
Power and other foreclosure
documents may not be pro
vided until final confirmation
and audit of the status of the
loan as provided in the preced
ing paragraph.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Tommy A. Boyd, 3247 Highway
330, Statham, Georgia 30666,
(706) 255-4677. However, the
secured creditor is not required
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
Said property is being sold
as the property of SANDRA
L. LEROY and subject to all
unpaid taxes, assessments
and/or matters of record, if
any.
This 31st day of October,
2008.
TOMMY A. BOYD as
Attorney-in-fact for SANDRA
L. LEROY
Fortson, Bentley and Griffin,
PA.
2500 Daniell’s Bridge Rd.
Building 200, Suite 3A
Athens, GA 30606
(706) 548-1151
(NVS, 12,19,26B/1034-70P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by CHENG VANG
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 29, 2005,
and recorded in Deed Book
38-T, Pages 509-526, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to The Bank of New York
Mellon, fka The Bank of New
York as Successor in inter
est to JP Morgan Chase Bank
NA as Trustee for Structured
Asset Mortgage Investments
II Inc. Bear Stearns ALT-A
Trust 2005-7, Mortgage Pass-
Through Certificates, Series
2005-7, by Assignment secur
ing a Note in the original prin
cipal amount of $119,600.00,
the holder thereof pursuant to
said Deed and Note thereby
secured has declared the entire
amount of said indebtedness
due and payable and, pursuant
to the power of sale contained
in said Deed, will on the first
Tuesday, December 2, 2008,
during the legal hours of sale,
before the Courthouse door
in said County, sell at public
outcry to the highest bidder for
cash, the property described in
said Deed, to-wit:
All that tract or parcel of
land, together with all improve
ments thereon containing 1.59
acres, more or less, situate,
lying and being in the 245th
G.M.D., Jackson County,
Georgia, being shown and
designated as Lot 41 on a plat
recorded in Plat Book 60, Page
65, Jackson County Records,
which plat and record are by
reference incorporated herein.
Said property is known as
270 Springbrook Court,
Jefferson, GA 30549, together
with all fixtures and personal
property attached to and con
stituting a part of said property,
if any.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, whether or
not now due and payable), the
right of redemption of any tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorney’s
fees in accordance with the
terms of the Note secured by
said Deed.
Said property will be sold as
the property of Cheng Vang,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being
presently in the possession of
Cheng Vang, and the proceeds
of said sale will be applied to
the payment of said indebted
ness and all the expenses of
said sale, including attorney’s
fees, all as provided in said
Deed, and the balance, if any,
will be distributed as provided
by law.
The Bank of New York
Mellon, fka The Bank of New
York as Successor in inter
est to JP Morgan Chase Bank
NA as Trustee for Structured
Asset Mortgage Investments
II Inc. Bear Stearns ALT-A
Trust 2005-7, Mortgage Pass-
Through Certificates, Series
2005-7 as Attorney-in-Fact for
Cheng Vang
File no. 08-006789
L. J. SWERTFEGER, JR.
SHAPIRO&SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/HP
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(NVS, 12,19,26B/1323-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by ALVIN R. SMITH
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated August 26, 2005, in
the amount of$125,000.00, and
recorded in Deed Book 40-L,
Page 468, Jackson County,
Georgia Records, as last trans
ferred to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc. pur
suant to said deed and the
note thereby secured, has
declared the entire amount of
said indebtedness due and
payable and pursuant to the
power of sale contained in said
deed, will on the first Tuesday
in December, 2008, during
the legal hours of sale, at the
Courthouse door in Jackson
County, sell at public outcry
to the highest bidder for cash,
the property described in said
deed to-wit:
All that tract or parcel of
land lying and being in the
242 G.M.D., Jackson County,
Georgia, and being known
and designated as Lot 1 more
particularly shown on a sur
vey entitled Survey for Oak
Hill Subdivision prepared by
Venable and Associates, Inc.,
Surveyors, dated February 25,
2000. Said plat is recorded
in Plat Book 57, Pages 71
and 72, Office of the Clerk
of Superior Court of Jackson
County, Georgia, and refer
ence is hereby made to said
plat for a more complete
description of the property.
Subject to the Declaration of
Protective Covenants for Big
Oaks Subdivision recorded in
Deed Book 221, at Pages 143-
149, Jackson County Records.
which has the property
address of 209 Oak Hill Drive,
Jefferson, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Alvin R.
Smith and the proceeds of
said sale will be applied to the
payment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute
a deed to the purchaser as
provided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Alvin R.
Smith
Anthony DeMarlo, Attorney/
Iseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-24909 /CONV
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
AND IS ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(NVS, 12,19,26B/1325-50)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the
power of sale contained in a
Security Deed from BATTLE
PROPERTIES, INC. to
UNITED COMMUNITY BANK,
dated December 9, 2005,
recorded December 19, 2005,
in Deed Book 41-W, Page
382, Jackson County, Georgia
Records, re-recorded July 14,
2006, in Deed Book44-Q, Page
429, Jackson County, Georgia
Records, as re-recorded
September 22, 2008, in Deed
Book 53-H, Page 244, Jackson
County, Georgia Records,
modified by Modification of
Security Deed dated November
11, 2007, recorded in Deed
Book 50-Z, Page 390, Jackson
County, Georgia Records, said
Security Deed being given to
secure a Note from BATTLE
PROPERTIES, INC., 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 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,
the following described prop
erty:
All that tract or parcel of land
lying and being in GMD 248
of Jackson County, Georgia,
being known and designated
as Lot H-51, POD H, Phase
1, of Woods at Traditions as
shown on that certain sur
vey 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, inclu
sive, Jackson County, Georgia
Records, reference to said plat
of survey and the record thereof
being hereby made for a more
complete legal description.
Including the following: (i) all
sums of Grantor on depos
it 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 here
inabove and now or hereafter
acquired by Grantor, and all
replacements, substitutions
and additions thereto (the
“Fixtures and Personalty”);
(iv) all plans, specifications,
drawings, surveys, contracts
(including contracts with gen
eral contractors and architects)
and subcontracts related to
the improvement and devel
opment of the Premises (the
“Improvement Documents”);
and (v) all proceeds (includ
ing cash proceeds and pro
ceeds of proceeds) of all of the
foregoing (all such Deposits,
Lot Sales Income, Fixtures
and Personalty, Improvement
Documents and proceeds 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, failure 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
continued on following page