Newspaper Page Text
PAGE 16C
THE JACKSON HERALD
WEDNESDAY, NOVEMBER 5, 2008
Public Notices Continued
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-fact for Parker-
Chandler Homes, Inc., prede
cessor by merger to 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
State of Georgia
County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Real Estate Deed
to Secure Debt executed by
DANIEL HAROLD MCDONALD
and HAROLD MCDONALD
to CAPITAL MORTGAGE
CORPORATION, dated
February 1,2008, and recorded
in Deed Book 0051-W, Pages
72-74, as assigned to RBC
Centura Bank per that certain
Transfer and Assignment of
Notes, Deed to Secure Debt
and Other Collateral Loan
Documents recorded in Deed
Book 0052-D, Pages 731 -
732, as assigned to Capital
Mortgage Corporation per
that certain Transfer and
Assignment recorded in Deed
Book 53-L, Pages 783-784,
Jackson County Records,
securing a Note in the original
principal amount of $99,213.28,
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 of December, 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 lying and being in the
455th District, G.M., State of
Georgia, County of Jackson,
being Lot No. 132 of Section
2, Pleasant Acres Subdivision
as per plat recorded in Plat
Book 9, Page 200, Office of
the Clerk of Superior Court of
Jackson County, Georgia, said
plat being incorporated here
in by reference. For a more
detailed description to said lot,
reference is hereby made to
said plat as recorded.
Also conveyed herewith is
a 1999 Palm Harbor 28 x 60
manufactured home, Serial
Number PH164583AB, which
is permanently attached to and
made a part of the real prop
erty.
Said property is known as 73
Hickory Way, Maysville, GA
30528, together with all fixtures
and personal property attached
to and constituting a part of
said property, if any. Said prop
erty 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 taxing
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 Daniel
Harold McDonald and Harold
McDonald, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion Daniel Harold McDonald
and Harold McDonald, and
the proceeds of said sale will
be applied to the payment of
said indebtedness and all the
expenses of said sale, includ
ing attorney’s fees, all as pro
vided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
Capital Mortgage
Corporation, Assignee, as
Attorney-in-Fact for Daniel
Harold McDonald and Harold
McDonald
File No. _
Ralph L. Taylor, III
Buckley King, L.P.A.*
2160 Morningside Drive
Suite 200
Buford, GA 30518
770-831-7770
*THIS LAW FIRM IS ACTING
ASADEBT COLLECTOR. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(NV5,12,19,26P4)
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
Deed to Secure Debt given by
JIM P. ARDUINO and SHARON
M. ARDUINO to CHASE
MANHATTAN MORTGAGE
CORPORATION, dated
12/27/2002, and Recorded
on 01/09/2003 as Book No.
28-T and Pages No. 383-402,
JACKSON County, Georgia
Records, as last assigned to
CHASE HOME FINANCE, LLC
SUCCESSOR BY MERGER
TO CHASE MANHATTAN
MORTGAGE CORPORATION,
by assignment, conveying the
after-described property to
secure a Note of even date in
the original principal amount of
$77,500.00, with interest at the
rate specified therein, there will
be sold by the undersigned at
public outcry to the highest bid
der for cash at the JACKSON
County Courthouse 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 the
City of Nicholson, 253 G.M.
District of Jackson County,
Georgia, consisting of Lot 22,
Block B, of the Ivy Plantation
Subdivision according to a plat
of survey entitled “Final Plan
for Ivy Plantation”, prepared by
W.T. Dunahoo and Associates,
Georgia Registered Land
Surveyors, dated October 18,
1999, and recorded at Plat
Book 54, Page 228, Jackson
County, Georgia Records.
Reference is made to said plat
survey for a more complete
description of property.
The debt secured by said
Deed to Secure Debt has been
and is hereby declared due
because of, among other pos
sible events of default, failure
to pay the indebtedness as and
when due and in the manner
provided in the Note and Deed
to Secure Debt. Because the
debt remains in default, this
sale will be made for the pur
pose of paying the same and
all expenses of this sale, as
provided in the Deed to Secure
Debt and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees having
been given).
The entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: CHASE
HOME FINANCE, LLC, 3415
VISION DRIVE, Foreclosure,
COLUMBUS, OH 43224, 800-
446-8939. Please understand
that the secured creditor is not
required to negotiate, amend,
or modify the terms of the mort
gage instrument.
To the best knowledge and
belief of the undersigned,
the party/parties in posses
sion of the subject property
known as 821 IVY CREEK
DR, NICHOLSON, GEORGIA
30565 is/are: JIM P. ARDUINO
AND SHARON M. ARDUINO
or tenant/tenants.
Said property will be sold
subject to (a) any outstand
ing ad valorem taxes (including
taxes which are a lien, but not
yet due and payable), (b) any
matters which might be dis
closed by an accurate survey
and inspection of the property,
and (c) all matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not limited to, assess
ments, liens, encumbrances,
zoning ordinances, easements,
restrictions, covenants, etc.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code; and
(2) final confirmation and audit
of the status of the loan with
the holder of the security deed.
Pursuant to 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.
CHASE HOME FINANCE,
LLC SUCCESSOR BY
MERGER TO CHASE
MANHATTAN MORTGAGE
CORPORATION as Attorney in
Fact for JIM P. ARDUINO AND
SHARON M. ARDUINO.
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
20080073401355
BARRETT, DAFFIN &
FRAPPIER, L.L.P.
4004 Beltline, Building 2,
Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
(NV5,12,19,26P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebtedness
secu red by a Secu rity Deed exe
cuted by WILLIAM PEPPERS
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated October 19, 2004,
in the amount of $242,250.00,
and recorded in Deed Book
36-N, Page 81, 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
245th District, of Jackson
County, Georgia, containing
2.015 acres, according to a
plat of survey prepared for
Jewell Mize by Ben McLeroy
and Associates, Georgia
Registered Land Surveyors,
Dated January 13, 1971, and
recorded at Plat Book 6, Page
266, Jackson County, Georgia
Records, reference is made
to said plat of survey for a
more complete description of
the property.
which has the property
address of 1442 Johnson Mill
Road, Jefferson, 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 William
Peppers 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 William
Peppers
Anthony DeMarlo, Attorney/
awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-24753 /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.
(NV5,12,19,26B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in a
Deed to Secure Debt given
by TERRANCE D. BOWIE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for ACE
MORTGAGE FUNDING
INCORPORATED, dated June
23,2006, and recorded in Deed
Book44-N, Page 135, Jackson
County, Georgia Records, as
last transferred to Deutsche
Bank National Trust Company,
as Trustee under NovaStar
Mortgage Funding Trust,
Series 2006-4 by assignment
recorded in Deed Book 0053-H,
Page 0425 in Jackson County,
Georgia Records, conveying
the after-described property to
secure a Note of even date in
the original principal amount of
$156,750.00, with interest at
the rate specified therein, there
will be sold by the undersigned
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,
to wit: December 2, 2008, the
following described property:
Parcel 052B-015A
A certain tract or parcel of
land in Jackson County, in the
State of Georgia, described as
follows:
All that tract or parcel of land
lying and being in the 257th
G.M.D. of Jackson County,
Georgia, and being designated
as Lot 15, BlockAof Shepherds
Crossing Subdivision accord
ing to that plat of survey
recorded in Plat Book 62, Page
47, Jackson County, Georgia
records, which plat is incorpo
rated herein and made a part
hereof by reference.
This conveyance is subject
to all restrictions and ease
ments of record.
The debt secured by said
Deed to Secure Debt has been
and is hereby declared due
because of, among other pos
sible events of default, failure
to pay the indebtedness as
and when due and in the man
ner provided in the Note and
Deed to Secure Debt. The
debt remaining in default, this
sale will be made for the pur
pose of paying the same and
all expenses of this sale, as
provided in the Deed to Secure
Debt and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees having
been given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in posses
sion of the subject property
known as 331 Psalms Drive,
Jefferson, GA 30549 is (are):
Terrance D. Bowie or tenant or
tenants.
Said property will be sold
subject to (a) any outstand
ing ad valorem taxes (including
taxes which are a lien, but not
yet due and payable), (b) any
matters which might be dis
closed by an accurate survey
and inspection of the property,
and (c) all matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not limited to, assess
ments, liens, encumbrances,
zoning ordinances, easements,
restrictions, covenants, etc.
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.
Pursuant to 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.
Deutsche Bank National
Trust Company, as Trustee
under NovaStar Mortgage
Funding Trust, Series 2006-4
as attorney in fact for Terrance
D. Bowie
Richard B. Maner, PC.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
FC08-463
(NV5,12,19,26P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the power of sale
contained in that certain Deed
to Secure Debt and Security
Agreement dated October
31, 2005, from GAREN
HOMES, INC., a Georgia
corporation (“Grantor”), to
SUNTRUST BANK, AS
SUCCESSOR BY MERGER
TO FIRST NATIONAL BANK
OF GWINNETT (“Grantee”),
recorded in Deed Book 41-W,
Page 433, Jackson County,
Georgia Superior Court
Records (said Deed to Secure
Debt and Security Agreement
as may have been modified
and assigned from time to time,
hereinafter referred to collec
tively as the “Security Deed”),
said Security Deed being given
to secure the payment of that
certain Promissory Note dated
October 31, 2005, made by
Grantor to the order of Grantee
in the original principal amount
of FIFTY-NINE THOUSAND
ONE HUNDRED AND 00/100
DOLLARS ($59,100.00), with
interest from the date thereof at
the rate specified therein (said
Promissory Note, as renewed,
modified and assigned from
time to time, hereinafter
referred to collectively as the
“Note”), together with all other
amounts payable by Grantor
to Grantee, 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 of
December, 2008, all property
described in the Security Deed
including but not limited to the
following described property,
to-wit:
All that tract or parcel of land
lying and being in GMD 248
of Jackson County, Georgia,
being known and designated
as Lot C-154, POD C, Phase
1 of Links 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
213-219, inclusive, Jackson
County, Georgia Records, ref
erence to said plat of survey
and the record thereof being
hereby made for a more com
plete legal description.
Together with all improve
ments erected on the property,
and all easements, appurte
nances, and fixtures a part of
the property and all replace
ments and additions thereto.
All of the foregoing are referred
to herein as the “Property.”
The indebtedness secured
by the Security Deed has been
and is hereby declared due
because of default under the
terms of said Note and Security
Deed including, but not limited,
to the failure to make pay
ments thereunder when due.
The indebtedness remaining in
default, the sale will be made
for the purpose of applying
the proceeds thereof to the
payment of the indebtedness
secured by the Security Deed,
accrued interest and expenses
of the sale and all other pay
ments provided for under the
Security Deed, including attor
neys’ fees as provided in the
Note and Security Deed, notice
of intention to collect attorneys’
fees having been given as pro
vided by law, and the remain
der, if any, shall be applied as
provided by law.
To the best of Grantee’s
knowledge and belief, the
parties in possession of the
Property are Grantor and/or
tenants of Grantor or other per
sons in possession with the
consent or acquiescence of
Grantor.
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 inspection of the
property, all unpaid real estate
ad valorem taxes, governmen
tal assessments and related
liens and all prior restrictions,
reservations, covenants,
rights-of-way, easements,
encumbrances and other mat
ters of record, if any, appearing
of record prior to the date of
the Security Deed and those
appearing after the date of the
Security Deed and consented
to of record by Grantee.
SUNTRUST BANK, AS
SUCCESSOR BY MERGER
TO FIRST NATIONAL BANK
OF GWINNETT, ATTORNEY-
IN-FACT FOR GAREN
HOMES, INC.
Taylor, Busch, Slipakoff &
Duma, LLP
1600 Parkwood Circle, Suite
200
Atlanta, Georgia 30339
Attn: Mathew A Schuh, Esq.
(678) 336-7153
(NV5,12,19,26P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the power of sale
contained in that certain Deed
to Secure Debt and Security
Agreement dated April 25,
2006 from GAREN HOMES,
INC., a Georgia corporation
(“Grantor”), to SUNTRUST
BANK, AS SUCCESSOR BY
MERGER TO SOUTHERN
HERITAGE BANK (“Grantee”),
recorded in Deed Book 43-U,
Page 653, Jackson County,
Georgia Superior Court
Records (said Deed to Secure
Debt and Security Agreement
as may have been modified
and assigned from time to
time, hereinafter referred to
collectively as the “Security
Deed”), said Security Deed
being given to secure the pay
ment of that certain Promissory
Note dated April 25, 2006,
made by Grantor to the order
of Grantee in the original princi
pal amount of ONE HUNDRED
EIGHTY-EIGHT THOUSAND
FOUR HUNDRED EIGHTY-
FOUR AND 00/100 DOLLARS
($188,484.00), with interest
from the date thereof at the
rate specified therein (said
Promissory Note, as renewed,
modified and assigned from
time to time, hereinafter
referred to collectively as the
“Note”), together with all other
amounts payable by Grantor
to Grantee, 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 of
December, 2008, all property
described in the Security Deed
including but not limited to the
following described property,
to-wit:
All that tract or parcel of
land lying and being in GMD
248, Jackson County, Georgia,
being Lots 48 and 49, POD C,
Phase 2, 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;
All that tract or parcel of
land lying and being in GMD
248, Jackson County, Georgia,
being Lot 23, POD G, Phase
2, Fairways at Traditions, as
per plat recorded in Plat Book
64, Page 218, Jackson County
Records, said plat being incor
porated herein by reference
thereto.
continued on following page