Newspaper Page Text
WEDNESDAY, NOVEMBER 5, 2008
THE JACKSON HERALD
PAGE 15 C
Public Notices Continued
as Attorney in Fact for Evelyn
S. Myers
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/lr3 12/2/08
Our file no. 51764108-FT12
EXHIBIT A
All that tract or parcel of land
lying and being in The 248th
G.M. District, Jackson County,
Georgia, Being Lot 16, Phase
One of Olde Trail Subdivision,
as per Plat thereof recorded
in Plat Book 68, Pages 47^49,
Jackson County, Georgia
Records, which recorded Plat
is incorporated herein by refer
ence and made a part of this
description.
(NVS, 12,19,26B/12062-60T1P)
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
WILLIAM A. SILVERMAN and
LARRY J. SMITH to AME
FINANCIAL CORPORATION,
dated January 24,2007, record
ed in Deed Book 47-J, Page
56, Jackson County, Georgia
Records, as last transferred
to EMC Mortgage Corporation
by assignment to be recorded
in the Office of the Clerk of
Superior Court of Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of FOUR HUNDRED EIGHT
THOUSAND AND 0/100
DOLLARS ($408,000.00),
with interest thereon as set
forth therein, 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:
SEE EXHIBIT A ATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, failure to pay
the indebtedness as and when
due and in the manner 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
attorneys fees (notice of intent
to collect attorneys fees having
been given).
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of
record superior to the Security
Deed first set out above.
The entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: EMC
Mortgage Corporation, 800
State Highway 121 Bypass,
Lewisville, TX 75067, 1-888-
577-4011. Please understand
that the secured creditor is not
required by law to negotiate,
amend, or modify the terms of
the mortgage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is William A. Silverman
and Larry J. Smith or a tenant
or tenants and said property
is more commonly known as
215 Ryans Run, Jefferson,
Georgia 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.
EMC Mortgage Corporation
as Attorney in Fact for William
A. Silverman and Larry J.
Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 12/2/08
Our file no. 52422508-FT7
EXHIBIT A
All that tract or parcel of
land, together with all improve
ments thereon situate, lying
and being in the 245th G.M.
District, Jackson County,
Georgia, being Lot 22,
Phase Three of Wood Farm
Subdivision, as per plat thereof
recorded in Plat Book 64, Page
69, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
(NVS, 12,19,26B/12062-60T1P)
Notice of Sale
Notice of Sate Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by LEGACY SOUTH
PROPERTIES, INC., Grantor,
to PEOPLES BANK & TRUST,
Grantee, dated NOVEMBER
9, 2006, said deed recorded in
Jackson County Deed Records
at Deed Book 46-K, Page 754,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the Note there
by 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, Georgia, sell
at public outcry, to the highest
bidder for cash, the property
described in said deed, to wit:
All that tract or parcel of
land lying and being in GMD
245, Jackson County, Georgia,
being Lot 27, Summit Chase
East Subdivision, on plat of
said subdivision recorded in
Jackson County Plat Records
at Plat Book 68, Pages 159-
161, and is incorporated herein
by reference for a more com
plete description.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to
any unpaid taxes or other
assessments which may be
liens against said property; all
prior protective or restrictive
covenants, rights-of-way, and
easements; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters of record superior to the
PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney
fees in accordance with the
terms of the Note secured by
said deed.
Said property will be sold
as the property of LEGACY
SOUTH PROPERTIES, INC.
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 at said
sale as provided in the afore
mentioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Factfor LEGACY
SOUTH PROPERTIES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING 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
Georgia Jackson County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by SHELBY J. JOY
to HERITAGE LENDING &
INVESTMENTS, LLL dated
February 1, 2008, in the
amount of $113,172.00, and
recorded in Deed Book 51-M,
Page 282, 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
GMD 455 of Jackson County,
Georgia, and consisting of 1.44
acres, more or less, as shown
and depicted on that certain
plat of survey dated July 21,
1988, prepared of Michael and
Shelby Joy by Savage and
Associates, RGLS #2305, and
which plat of survey is record
ed in Plat Book 31, Page 9 of
the Jackson County, Georgia
Plat Records, and which plat
of survey is hereby incorpo
rated herein by reference for
a more complete and accu
rate description of said prop
erty. This is the same prop
erty referenced in that certain
deed recorded in Deed Book
51-F, Page 610 and is also
the same property referenced
in that certain deed record
ed in Deed Book 14-F, Page
612, Jackson County, Georgia
Deed Records; together with
an immovable and permanent
fixture attached thereto, a 2008
Horton 27 x 68 Manufactured
Home, Model STP-C1749GC,
Serial Number(s) to be deter
mined. Map and Parcel No.:
089-010A.
which has the property
address of 4200 Pondfork
Church Road, Pendergrass,
Georgia, together with all fix
tures and other personal prop
erty 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 Shelby J.
Joy 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 Shelby J.
Joy
Anthony DeMarlo, Attorney/
ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-23423 /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
By reason of default in the
terms and conditions of the
Construction Security Deed
from HOMECRAFTERS, INC.
in favor of STOCK BUILDING
SUPPLY, INC. recorded atDeed
Book 48-W, Page 782, Fulton
County, Georgia Records,
the entire indebtedness has
been declared due and Stock
Building Supply, Inc. as attor
ney in fact for Homecrafters,
Inc. will sell at public outcry in
front of the Courthouse door in
Jackson County, Georgia, on
the first Tuesday in December,
2008, during the legal hours
of sale (such sale to continue
from day to day thereafter until
the property is sold), to the
highest bidder for cash, the
property described as:
All that tract or parcel of land
lying and being in the 248th
District, G. M., Jackson County,
Georgia, being LotA-1, Phase
I of Scenic Falls of Braselton
Subdivision, as per plat there
of recorded in Plat Book 70,
Pages 9 - 13, in the Office of
the Clerk of the Superior Court
for Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
Said property will be sold as
the property of Homecrafters,
Inc. and by virtue of the power
and authority contained in the
aforementioned Construction
Security Deed.
Said property will be sold
subject: (i) to all unpaid taxes
and assessments, if any; and
(ii) all easements and restric
tions of record senior in priority
to the aforementioned deed to
secure debt.
Stock Loan Services,
LLC Attorney in fact for
Homecrafters, Inc.
J. Richard Wilkinson Jr.
Attorney at Law
Six North Parkway Square
4200 Northside Parkway
Atlanta, Georgia 30327
(404) 848 9393
(NV5,12,19,26P4)
Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
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
dated September 29, 2006
(the “Security Deed”) from
COMSTOCK HOMES OF
ATLANTA, LLC, a Georgia lim
ited liability company (herein
after referred to as “Grantor”),
to BANK OF AMERICA, N.A.,
a national banking associa
tion (hereinafter referred to
as “Grantee”), filed for record
in Deed Book 45U, Page 57,
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia; said Security
Deed being given to secure
payment of that certain Real
Estate Note dated January 16,
2004 given by Grantor in favor
of Grantee up to the original
principal amount OF SEVEN
MILLION FIVE HUNDRED
THOUSAND AND NO/100
DOLLARS ($7,500,000.00),
as affected by that certain
Amendment to Promissory
Note dated July 1,2005, and as
further affected by that certain
Loan Modification Agreement
dated December 28, 2006 (as
amended, the “Note”), as such
Note was renewed, extended,
and increased in amount, the
last such modification being
December 28, 2006, 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,
namely December 2, 2008,
the property conveyed by said
Security Deed (the “Land”) and
described as follows, to-wit:
All that tract or parcel of land
lying and being in Minish GMD
No. 255, Jackson County,
Georgia, being Lots 44,45,46,
47, 48, 49 & 50, Brentwood
Estates, Phase Three, as per
plat recorded at Plat Book 61,
page 2, in the Office of the
Clerk of the Superior Court of
Jackson County, Georgia.
TOGETHER WITH:
All that tract or parcel of land
lying and being in Minish GMD
No. 255, Jackson County,
Georgia, being Lots 58 & 59,
Brentwood Estates, Phase
Four, as per plat recorded at
Plat Book 60, Page 111, in
the Office of the Clerk of the
Superior Court of Jackson
County, Georgia.
Together with all buildings,
structures and other improve
ments located on the premises
hereinbefore described, or any
part and parcel thereof; and
Together with all rights, title
and interest of Grantor in and to
the minerals, flowers, shrubs,
crops, trees, timber and other
emblements on said property
or above the same or any part
or parcel thereof; and
Together with all and sin
gular the tenements, heredita
ments, easements and appur
tenances thereunto belonging
or in any wise appertaining,
and the reversion or rever
sions, remainder and remain
ders, rents, issues and profits
thereof; and also all the estate,
right, title, interest, claim and
demand whatsoever of Grantor
of, in and to the same and of,
in and to every part and parcel
thereof; and
Together with all machinery,
apparatus, equipment, fittings,
fixtures, whether actually or
constructively attached to said
property and including all trade
domestic and ornamental fix
tures, and articles of personal
property of every kind and
nature whatsoever (hereinafter
collectively called “Equipment”)
located in, upon or under said
property or any part thereof
and used or usable in connec
tion with any present or future
operation of said property
and now owned or hereafter
acquired by Grantor, including,
but without limiting the general
ity of the foregoing, all heating,
air-conditioning, freezing, light
ing, laundry, incinerating and
power equipment; engines;
pipes; pumps; tanks; motors;
conduits; switchboards; plumb
ing, lifting, cleaning, fire preven
tion, fire extinguishing, refriger
ating, ventilating and commu
nications apparatus; boilers,
ranges, furnaces oil burners
or units thereof; appliances;
air-cooling and air-conditioning
apparatus; vacuum cleaning
systems; elevators; escalators;
shades; awnings, screens;
storm doors and windows;
stoves; wall beds; refrigerators;
attached cabinets; partitions;
ducts and compressors; rugs
and carpets; draperies; furni
ture and furnishings in com
mercial, institutional and indus
trial buildings; together with all
building materials and equip
ment delivered to the premises
and intended to be installed
therein; together with all addi
tions thereto and replacements
thereof; and
Together with any and all
rents which are now due or
may hereafter become due by
reason of the renting, leas
ing and bailment of property
improvements thereon and
Equipment; and
Together with any and all
awards or payments, includ
ing interest thereon, and the
right to receive the same, as
a result of (a) the exercise of
the right of eminent domain,
(b) the alteration of the grade
of any street, or (c) any other
injury to, taking of, or decrease
in the value of, the premises
(all the foregoing together with
the above described Land, the
“Property”).
Because of the default in
the payment of the installments
due under the Note which the
Security Deed was given to
secure, the Property will be
sold as the property of Grantor
to satisfy the indebtedness evi
denced by the Note togeth
er with the cost of said sale,
including attorney’s fees, notice
having been given pursuant to
the Official Code of Georgia
Annotated Section 13-1-11. At
the election of Grantee, the
Property may be sold in one
parcel and as an entirety, or in
such parcels, manner or order
as Grantee, in its sole discre
tion may elect, and one or
more exercises of the powers
granted in the Security Deed
shall not extinguish or exhaust
the powers granted in the
Security Deed unless the entire
Property is sold or the secured
indebtedness is paid in full.
To the best of the under
signed’s knowledge and belief,
the party in possession of said
Property is Grantor, or tenants
claiming by, through or under
Grantor. The above referenced
Property is located in Minish
GMD No. 255 of Jackson
County, Georgia; however, the
exact address of such property
is unknown.
The Property will be sold sub
ject to all liens, encumbrances,
easements and other matters
of record, if any, to which the
Security Deed is junior and
inferior in terms of priority, and
subject to any and all unpaid
taxes or assessments relating
to the Property.
Bank of America, N.A., a
national banking association,
as attorney-in-factfor Comstock
Homes of Atlanta, LLC
Valerie L. Combs, Esq.
Troutman Sanders LLP
600 Peachtree Street, N.E.
Suite 5200
Atlanta, Georgia 30308
404-885-2744
Attorneys for Bank of
America, N.A.
(NV5,12,19,26P4)
Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
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 dated
June 23, 2005 (the “Security
Deed”) from PARKER-
CHANDLER HOMES, INC., a
Georgia corporation, predeces
sor by merger to COMSTOCK
HOMES OF ATLANTA, LLC,
a Georgia limited liability com
pany (hereinafter referred to
as “Grantor”), to BANK OF
AMERICA, N.A., a national
banking association (hereinaf
ter referred to as “Grantee”),
filed for record in Deed Book
39-U, Page 783, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia;
said Security Deed being given
to secure payment of that cer
tain Real Estate Note dated
January 16, 2004 given by
Grantor in favor of Grantee
up to the original principal
amount of SEVEN MILLION
FIVE HUNDRED THOUSAND
AND NO/100 DOLLARS
($7,500,000.00), as affected
by that certain Amendment
to Promissory Note dated
July 1, 2005, and as fur
ther affected by that certain
Loan Modification Agreement
dated December 28, 2006 (as
amended, the “Note”), as such
Note was renewed, extended,
and increased in amount, the
last such modification being
December 28, 2006, 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,
namely December 2, 2008,
the property conveyed by said
Security Deed (the “Land”) and
described as follows, to-wit:
All that tract or parcel of
land lying and being in Minish
GMD No. 255, Jackson
County, Georgia, being Lot 67,
Brentwood Estates, Phase
Four, as per plat recorded in
Plat Book 60, page 111, in
the Office of the Clerk of the
Superior Court of Jackson
County, Georgia.
Together with all buildings,
structures and other improve
ments located on the premises
hereinbefore described, or any
part and parcel thereof; and
Together with all rights, title
and interest of Grantor in and to
the minerals, flowers, shrubs,
crops, trees, timber and other
emblements on said property
or above the same or any part
or parcel thereof; and
Together with all and sin
gular the tenements, heredita
ments, easements and appur
tenances thereunto belonging
or in any wise appertaining,
and the reversion or rever
sions, remainder and remain
ders, rents, issues and profits
thereof; and also all the estate,
right, title, interest, claim and
demand whatsoever of Grantor
of, in and to the same and of,
in and to every part and parcel
thereof; and
Together with all machinery,
apparatus, equipment, fittings,
fixtures, whether actually or
constructively attached to said
property and including all trade
domestic and ornamental fix
tures, and articles of personal
property of every kind and
nature whatsoever (hereinafter
collectively called “Equipment”)
located in, upon or under said
property or any part thereof
and used or usable in connec
tion with any present or future
operation of said property
and now owned or hereafter
acquired by Grantor, including,
but without limiting the general
ity of the foregoing, all heating,
air-conditioning, freezing, light
ing, laundry, incinerating and
power equipment; engines;
pipes; pumps; tanks; motors;
conduits; switchboards; plumb
ing, lifting, cleaning, fire preven
tion, fire extinguishing, refriger
ating, ventilating and commu
nications apparatus; boilers,
ranges, furnaces oil burners
or units thereof; appliances;
air-cooling and air-conditioning
apparatus; vacuum cleaning
systems; elevators; escalators;
shades; awnings, screens;
storm doors and windows;
stoves; wall beds; refrigerators;
attached cabinets; partitions;
ducts and compressors; rugs
and carpets; draperies; furni
ture and furnishings in com
mercial, institutional and indus
trial buildings; together with all
building materials and equip
ment delivered to the premises
and intended to be installed
therein; together with all addi
tions thereto and replacements
thereof; and
Together with any and all
rents which are now due or
may hereafter become due by
reason of the renting, leas
ing and bailment of property
improvements thereon and
Equipment; and
Together with any and all
awards or payments, includ
ing interest thereon, and the
right to receive the same, as
a result of (a) the exercise of
the right of eminent domain,
(b) the alteration of the grade
of any street, or (c) any other
injury to, taking of, or decrease
in the value of, the premises
(all the foregoing together with
continued on following page