Newspaper Page Text
WEDNESDAY, NOVEMBER 5, 2008
THE JACKSON HERALD
PAGE 17C
Public Notices Continued
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.
Grantee reserves the right to
sell the Property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
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 succes
sor by merger to Southern
Heritage Bank, 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
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 42-C,
Page 554, 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 October 31, 2005,
made by Grantor to the order
of Grantee in the original princi
pal amount of ONE HUNDRED
TWENTY-EIGHT THOUSAND
FIVE HUNDRED NINETY
AND 00/100 DOLLARS
($128,590.00), 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 Lots H-46 and H-52, POD
H, Phase 1 of Woods at
Traditions as shown on that
certain survey 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, reference to said
plat of survey and the record
thereof being hereby made for
a more complete legal descrip
tion.
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.
Grantee reserves the right to
sell the Property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
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 in
Deed to Secure Debt
Georgia, Jackson County
Because of the default in
the payment of the indebt
edness secured by a Deed
to Secure Debt executed by
KENNETH MICHAEL TYLER
and KATHLEEN A. TYLER to
FARM EQUITIES, INC., dated
September 12, 2002, and
recorded in Deed Book 30-M,
Page 17, of the records of the
Clerk of the Superior Court
of Jackson County, Georgia,
FARM EQUITIES, 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, 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 and all improvements
thereon, lying and being in
Jackson County, Georgia; City
of Nicholson, Farm(s) #37,
BLOCK A in IVY PLANTATION
Subdivision as shown on Plat
Book 54, Page 228, Clerk’s
Office, Jackson County
Superior Court, to which ref
erence is hereby made for a
more complete and detailed
description and containing 0.96
acres.
The above-described real
estate is more commonly
known as 333 Pine Ridge
Place, Nicholson, Georgia
30565.
The sale will be subject to
any unpaid taxes and other
assessments which may be
liens against the property.
Notice has been given of the
intention to collect attorney’s
fees in accordance with the
terms of the note and deed
to secure debt. Said property
will be sold as the property of
KENNETH MICHAEL TYLER
and KATHLEEN A. TYLER and
the proceeds will be applied to
the payment of said indebted
ness, the expenses and costs
of sale, including attorney’s
fees. Any remaining proceeds
will be applied pursuant to said
deed and the laws of the State
of Georgia.
The undersigned will exe
cute a deed to the purchaser at
said sale as provided for in the
aforementioned deed to secure
debt. Said sale will divest all
the right, title and interest of the
maker thereof of said property
and shall vest said title in the
purchaser at said sale.
FARM EQUITIES, INC, As
Attorney in Fact for KENNETH
MICHAEL TYLER and
KATHLEEN A. TYLER
Lender Contact:
Farm Equities, Inc.
P.O. Box 788
Holly Springs, MS 38635
Attention: Amanda Burch
Telephone: 662-252-4592
RUSSELL, STELL, SMITH
& MATTISON, P.C.
ATTORNEYS FOR FARM
EQUITIES, INC.
98 North Broad Street
P.O. Box 644
Winder, Georgia 30680
770-867-7431
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(NV5,12,19,26818-50)
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 FRANCISCO
J. DIAZ to HOMEBANC
MORTGAGE CORPORATION
dated August 31, 2006, in the
amount of $109,600.00, and
recorded in Deed Book 45-M,
Page 650, Jackson County,
Georgia Records, as last
transferred to EMC Mortgage
Corporation by assignment, the
undersigned, EMC Mortgage
Corporation 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, situate,
lying and being in the 245th
District, G.M., City of Jefferson,
Jackson County, Georgia, des
ignated as Lot 10 of Block
A, as shown on a plat of sur
vey entitled Final Plan For
Peachtree Estates - Unit Two,
prepared by W.T. Dunahoo and
Associates, certified by W.T.
Dunahoo, GRLS No. 1577,
dated September 30,2003, and
being of record in the Office of
the Clerk of the Superior Court
for Jackson County, Georgia,
in Plat Book 62, Page 192,
which said plat and the record
ing thereof are by reference
hereto incorporated herein for
a more complete and detailed
description.
which has the property
address of 584 Elrod Avenue,
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 Francisco
J. Diaz 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.
EMC Mortgage Corporation
Attorney in Fact for
Francisco J. Diaz
Anthony DeMarlo, Attorney/
jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22752 /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 BARRY E. RUOFF
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated October 10, 2006,
in the amount of $126,500.00,
and recorded in Deed Book
46-A, Page 366, Jackson
County, Georgia Records, as
last transferred to Mortgage
Electronic Registration
Systems, Inc. by assignment;
the undersigned, Mortgage
Electronic Registration
Systems, Inc. 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,
with all improvements thereon,
lying and being in the 242nd
District, G.M., Jackson County,
Georgia, and being known and
designated as Lot 4, contain
ing 1.0 acres, more or less,
and more particularly shown
on a survey entitled Survey for
Oak Hill Subdivision prepared
by Venable & Associates,
Inc., Georgia Registered Land
Surveyor and dated February
25, 2000. Said plat is recorded
in Plat Book 57, Page 71, in the
Office of the Clerk of Superior
Court, Jackson County,
Georgia, reference being here
by made to said plat for a more
complete description of the
property herein conveyed.
Subject to restrictions and/
or covenants of record, if any,
existing easements and rights
of way for public roads and
utilities now in use.
Property Address: 147 Oak
Hill Drive, Jefferson, GA
30549 according to the present
numbering system in Jackson
County, GA.
which has the property
address of 147 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 Barry E.
Ruoff 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 Barry E.
Ruoff
Anthony DeMarlo, Attorney/
cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-23304 /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/1325-60)
Notice of Sale
Notice of Sale Under Power
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by TRAVIS
HALBROOK to BENCHMARK
FUNDING CORP. dated
December 4, 2003, in the
amount of $65,750.00, and
recorded in Deed Book 52-V,
Page 1, Jackson County,
Georgia Records, as last trans
ferred to The Bank of New York
MellonTrust Company, National
Association fka The Bank of
New York Trust Company, N.A.
as successor to JPMorgan
Chase Bank N.A. as Trustee
for FtASC 2004KS2 by assign
ment, the undersigned, The
Bank of New York Mellon Trust
Company, National Association
fka The Bankof NewYorkTrust
Company, N.A. as successor
to JPMorgan Chase Bank N.A.
as Trustee for RASC 2004KS2
pursuant 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 lot, tract or parcel of
land, together with improve
ments thereon, lying and
being in the 253rd General
Militia District of Jackson
County, Georgia, containing
1.683 acres, more or less,
and being Tract Two of Lot
4, of the McElhannon Estate
Property, as shown more par
ticularly on a Plat of Survey
prepared for Onyx Property
Management, LLC by W. Slate
Bauknight, Georgia Registered
Land Surveyor No. 2534, of
Bauknight & Associates, Inc.,
dated September 12, 2003
and being more particularly
described as follows:
To find the Point of Beginning
start at the centerline of Pine
Street where it intersects with
U.S. Highway #441, thence
move along the Right of Way
line of U.S Highway #441 a
distance of 176 feet to an Iron
Pin Set, said point being THE
POINT OF BEGINNING; the
Point of Beginning being thus
established, thence North 69
degrees 32 minutes 55 seconds
West a distance of 200.00 feet
to an iron set; thence South 20
degrees 27 minutes 05 sec
onds West a distance of 30.00
feet to a point; thence South
20 degrees 27 minutes 05 sec
onds West a distance of 45.00
feet to an iron pin set; thence
North 50 degrees 09 minutes
10 seconds West a distance of
454.64 feet to an iron pin set;
thence South 71 degrees 24
minutes 55 seconds East a dis
tance of 329.41 feet to an iron
pin found (Axle, S TA.: 7+02.89
minutes; 0.14 minutes North
P/L); thence South 20 degrees
28 minutes 10 seconds West
a distance of 16.29 feet to a
rebar found; thence South 69
degrees 54 minutes 20 sec
onds East a distance of 323.03
feet to an iron pin set; thence
South 17 degrees 49 minutes
25 seconds West a distance
of 24.45 feet to a point; thence
North 69 degrees 46 minutes
20 seconds West a distance
of 83.65 feet to an iron pin
set; thence South 13 degrees
58 minutes 45 seconds West
a distance of 40.06 feet to an
iron pin set; thence South 05
degrees 40 minutes 05 sec
onds East a distance of 131.22
feet to an iron pin set; thence
South 24 degrees 59 minutes
30 seconds West a distance
of 10.08 feet to a point; thence
South 24 degrees 59 minutes
30 seconds West a distance of
30.09 feet to an iron pin set and
the POINT OF BEGINNING.
which has the property
address of 5044 Highway 441,
Nicholson, 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 Travis Halbrook
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.
The Bank of New York Mellon
Trust Company, National
Association fka The Bank of
New York Trust Company, N.A.
as successor to JPMorgan
Chase Bank N.A. as Trustee
for RASC 2004KS2
Attorney in Fact for Travis
Halbrook
Anthony DeMarlo, Attorney/
thayle
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-12227/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/1325-90)
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
BOBBY J. POWELL, JR.
and KAROL K. POWELL to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nominee
for COUNTRYWIDE HOME
LOANS, INC., dated March 24,
2006, recorded April 3, 2006,
in Deed Book 436, Pages 720-
732, Jackson County, Georgia
Records, said Security Deed
having been given to secure
a Note of even date in the
original principal amount of
THREE HUNDRED NINETY-
THREE THOUSAND SEVEN
HUNDRED FIFTY AND 00/100
DOLLARS ($393,750.00),
with interest thereon as pro
vided for therein, said Security
Deed having been last sold,
assigned and transferred to
Bank Of New York As Trustee
For The Certificateholders
CWALT, Inc. Alternative Loan
Trust 2006-15CB, Mortgage
Pass-Through Certificates,
Series 2006-15CB, 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,
2008, all property described in
said Security Deed including
but not limited to the following
described property:
All that tract or parcel of
land together with all improve
ments thereon, situate, lying
and being in the 248th District,
G.M., Jackson County, Georgia,
containing 61.293 acres, more
or less, as more particularly
shown on a Plat of Survey
dated May 17, 1996, prepared
by Farley Collins Associates,
Registered Land Surveyors,
and recorded in Plat Book 46,
page 46, Page 184, in the
Office of the Superior Court,
Jackson County, Georgia, ref
erence being made thereon for
a more complete description of
the property herein described.
Less and except that cer
tain parcel of land containing
53.618 acres, more of less,
being conveyed by warranty
deed dated March 12, 2004,
continued on following page