Newspaper Page Text
WEDNESDAY, NOVEMBER 26, 2008
THE JACKSON HERALD
PAGE 9C
Legal Notices
Civil Lawsuits
Superior Court
•Jacob D. Hager vs. Bobby L. Dixon - Complaint for the
Recovery of Child Support
• Roxanna Nelson Mathis vs. Cheryl Denise Howington -
Complaint for Damages
•Ariel Rowan Skelton vs. Allen R. Skelton Jr. - Complaint
for Contempt
• Capital One Bank (USA), N.A. vs. Huy D. Phan - Suit on
Account
• Capital One Bank (USA), N.A. vs. Jessica M. Webb - Suit
on Account
•Assignee of Georgia Receivables, Inc. and Citibank (South
Dakota) NA vs. Barbara J. Cole - Suit on Account
•Assignee of Colorado Capital Investments, Inc. and Citibank
USA, N.A. vs. Lori A. McCarthy - Complaint on a Contract
• Capital One Bank (USA), N.A. vs. Barbara E. Paul - Suit
on Account
• Homeowners Association of Rivers Edge Estates, Inc. vs.
Harry H. Simmons, Laura K. Simmons, Michael Delaney and Inge
Delaney - Complaint for Declaratory Judgment, Damages
•Assignee of Colorado Capital Investments, Inc. and Citibank
USA, N.A. vs. Kelly M. Ray - Complaint on a Contract
• Luciane Wetherington vs. Winford Smith - Complaint for
Compensatory Damages, Treble Damages
• Ford Motor Credit Company vs. Tracy L. Dooley - Garnishee
- Community Bank & Trust - Affidavit of Garnishment
• Demetrius J. Collins vs. Ouincy M. Martin - Complaint for
Contempt
• Kaleb T. Howington vs. Jennifer A. Maloch - Complaint for
Contempt
•Amy Umberhant, Daniel Umberhant and Jake Umberhant vs.
Danny Umberhant - Complaint for Contempt
• HSBC Bank Nevada, NA vs. Beverly K. Goldman - Suit on
Account
•Athens Regional Medical Center vs. Timothy G. Long -
Complaint on Account
•Athens Regional Medical Center vs. Rachel E. Lee -
Complaint on Account
•Athens Regional Medical Center vs. Martha L. Jones -
Complaint on Account
•Athens Regional Medical Center vs. Sharon E. Hurley -
Complaint on Account
•Athens Regional Medical Center vs. Jason Gilstrap -
Complaint on Account
•Athens Regional Medical Center vs. Constance Brooks -
Complaint on Account
• Capital One Bank (USA), N.A. vs. Charnan A. Miller -
Complaint on Account
• Ford Motor Credit Company vs. Jeffrey Crook - Garnishee
- Commerce Chrysler Dodge Jeep, Inc. - Affidavit for Continuing
Garnishment
• Bonnie McElrea vs. Antique Ventures, LLC and Healan
Fencing, Inc. - Complaint for Damages
• Household Finance Corporation vs. Cynthia A. Duhan - Suit
on Contract
•Assignee of Georgia Receivables, Inc. and Chase Bank USA
NA vs. In S. Davis - Suit on Account
•Skyler B. Morgan and Jaden D. Morgan vs. Tommy G.
Morgan - Complaint for Contempt
• Kevin Miller Jr. and Judson Drake Miller vs. Kevin J. Miller
-Complaintfor Contempt
• Branch Banking & Trust Company vs. Patriot Brooke
Development, Inc. - Application for Confirmation/Approval of
Foreclosure
•Tony Webb vs. Shawana Pope - Transfer from State to
Superior Writ of Possession
• Pamela Davis vs. Katherine Davis and Christopher Seagraves
- Petition for Transfer of Permanent Custody
•Seven Divorce Cases were Filed
November 12, 2008 - November 20, 2008
State Court
• Capital One Bank USA NA vs. Christi D. Gary - Suit on
Contract and Agreement
• Capital One Bank vs. Willie T. Moon - Suit on Account and
Agreement
•Atlantic Credit & Finance Incorporated vs. Bob Thompson -
Complaint-Suit on a Contract
•As Assignee of Cavalry Investments, LLC and Americredit vs.
Patricia C. Rivero - Garnishee - Merchants & Farmers Bank -
Affidavit for Garnishment
• BJC Medical Center vs. Adonis Collins - Garnishee - Foam
Fabricators, Inc. - Affidavit of Continuing Garnishment
• LVNV Funding LLC Assignee of Citifinancial vs. Charles
Smith - Complaint on Contract
• Capital One Bank USA NA vs. Gloria J. King - Suit on
Account and Agreement
•Gwinnett Hospital System vs. Mary E. Arnold - Complaint
on Open Account
• Cavalry Portfolio Services LLC Assignee Calvary SPV
I Assignee Fornavy vs. Christi L. Rodriguez and Emiliano J.
Rodriguez Jr. - Complaint on Contract
• Pro Build South, LLC A/S/O Williams Bros Lumber and
James B. Lamb vs. Lamb Homes, Inc. - Complaint for Money
Damages
• Beneficial Georgia, Inc. vs. Jerry M. Barber - Complaint for
Default on Loan Repayment Agreement
• Household Finance Corporation II vs. Kathy C. Elliott -
Complaint for Default on a Loan Repayment/Security
• Pro Build South, LLC vs. Anthony Richey and Richey Homes,
LLC - Complaint for Money Damages
•Target National Bank vs. Jennifer G. Milley - Complaint on
a Contract
•Target National Bank vs. Kimberly D. Reed - Complaint on
a Contract
• Discover Bank vs. Esther G. Stinson - Complaint on
Account
• Palisades Acquisition XVI vs. Melle Rearden - Complaint
on a Contract
• Plumbing Distributors, Inc. vs. Sharon Diambrose -
Complaint for Damages
• Peoples Capital and Leasing Corp. vs. Georgia Foundations,
Inc. and Christopher Pittman - Complaint
• Capital One Bank USA NA vs. Brittney Phillips - Suit on
Account and Agreement
• Capital One Bank USA NAvs. Jon A. Yarbrough - Plaintiff’s
Complaint Breach of Contract
November 13, 2008 - November 19, 2008
gpn11
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 modified 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 principal amount
of $260,000.00, as amended
from time to time, in order to,
among other things, decrease
the original principal amount
to $57,634.17 (the Promissory
Note, as so amended, being
hereinafter referred to as the
“Note”), and the other obli
gations under the Note, the
Security Instrument and the
other documents and instru
ments evidencing, securing
or otherwise relating to the
indebtedness evidenced and
secured thereby, 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 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 particularly 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 cours
es, water rights and powers,
estates, rights, titles, interests,
minerals, royalties, privileges,
liberties, tenements, heredita
ments and appurtenances
whatsoever, in any way then
or thereafter belonging, relat
ing 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 whatso
ever of Grantor of, in and to
the same; and
(d) Any and all rents which
are then due or may there
after become due by reason
of the renting, leasing and
bailment of the Land or the
improvements then or thereaf
ter located thereon, or any part
thereof; and
(e) Any and all awards or
payments, including inter
est 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 thereaf
ter 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 por
tion 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 under
signed’s intent to sell the real
estate and personalty sepa
rately or in a single lot shall be
given by announcement made
at the commencement of the
public sale.
To the best of the under
signed’s knowledge and belief,
the Premises is in the posses
sion of Grantor or other par
ties 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,
incident 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
(NVS,12,19,26N/C)
gpn11
Notice of Sale
Notice of Sate 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 pro
vided 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 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 the following described
property:
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,
recorded 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 attor
ney’s fees and all other pay
ments 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 outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills for
public utilities which constitute
liens upon said property; all
restrictive covenants, ease
ments, rights-of-way and any
other matters of record supe
rior 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.
(NVS,12,19,26P4)
gpn11
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 part
nership, and Royce Homes-
Phoenix, LLC, a Delaware lim
ited liability company, and pay
able 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
January20,2006, 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
following described real prop
erty (the “Land”):
All that tract or parcel of
land lying and being in G.M.D.
248 of Jackson County,
Georgia, being more particu
larly described on that cer
tain subdivision 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 hereaf
ter acquired by Borrower: (i) all
buildings and improvements
now or hereafter erected on the
Land; (ii) all fixtures, machin
ery, equipment and other arti
cles of real, personal or mixed
property attached to, situated
or installed in or upon, or used
in the operation or mainte
nance of, the Land or any
buildings or improvements sit
uated thereon, whether or not
such real, personal or mixed
property is or shall be affixed
to the Land; (iii) all building
materials, building machinery
and building equipment deliv
ered on site to the Land during
the course of, or in connection
with, any construction, repair
or renovation of the buildings
and improvements situated or
to be situated thereon; (iv)
all leases, licenses or occu
pancy 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,
security deposits, issues, prof
its, awards and payments of
any kind payable under the
leases or otherwise arising
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