Newspaper Page Text
PAGE IOC
THE JACKSON HERALD
WEDNESDAY, NOVEMBER 26, 2008
Public Notices Continued
Magistrate Court
Magistrate Court
Week of November 17, 2008
• Donald E. Beck vs. Kevin & Freddie Kitchens - Summons of Dispossessory
• Lindsay Diversified Interests vs. Nicholas Seeley - Summons of Dispossessory
• Lindsay Diversified Interest vs. Roger McRobie - Summons of Dispossessory
• U.S. Bank National Association, as Trustee vs. Pamela H. Jenkins, Michael Canavan,
Rachel Canavan and All Others - Summons of Dispossessory
•Robert Cowan vs. Oral Chester - Suit to Recover Wages
•Charles E. Ragsdale vs. Myron Todd Williams - Defendant - Mayfield Dairy -
Garnishee - Summons of Continuing Garnishment
•1st Franklin Financial vs. Danny Daniel - Suit on Account
•Warehouse Flome Furnishing Dist., Inc. DBA Farmers Furniture vs. Wallace Cullars -
Defendant - Grove River Mills - Garnishee - Summons of Continuing Garnishment
•Gainesville Financial Services, Inc. vs. Amanda Dyer - Suit on Loan
•Shubertand Company, PC. vs. Cecil Morales & Margie Morales DBA C&M Industrial
Mechanical - Suit on Account
•Branch Banking & Trust vs. Rodney Wayne Brown - Writ of Fieri Facias
•Cathy Moore vs. Donna Webb & Occupants - Summons of Dispossessory
•Curly Dowdy vs. Bessie Whiteside / Badcock Flome Furnishings - Suit to Recover
Monies for Repair Work
•W&S Auto Repair vs. Charles Knapper - Defendant - Athens First & Trust - Lienholder
- 1990 Honda Accord - VIN# JHMCB7563LC098374
•W&S Auto Repair vs. Universal Concrete Wall, Inc. - 1995 Ford Econoline Van - VIN
#1FTHE24H6SHB49520 - Tag # 749YLC
• Midland Funding, LLC Assignee of Beneficial vs. Paul R. Calloway - Suit on
Account
• Midland Funding, LLC Assignee of Beneficial vs. Alan Portillo - Suit on Account
•Jeff Riley vs. Lisa Riley - Writ of Possession
• Midland Funding, LLC Assignee of Household vs. Edna G. Bush - Writ of Fieri
Facias
• Midland Funding, LLC Assignee of Bank of America vs. James T. Sears - Writ of
Fieri Facias
• Dr. Douglas Cleveland vs. Debra Darrough - Suit on Account
• Federal National Mortgage Association vs. Joseph A. Offman and All Others -
Summons of Dispossessory
• Federal National Mortgage Association vs. Jamison R. Porter, Stacey D. Porter and/
or All Others - Summons of Dispossessory
• Dr. Douglas Cleveland vs. Misti Bingham - Defendant - Beef O’Brady’s - Garnishee -
Summons of Continuing Garnishment
•Chris Michael vs. Lisa Brookshire - Summons of Dispossessory
• Heritage Crossing Apartments vs. Justin Brocks & Amber Brocks - Summons of
Dispossessory
• Heritage Crossing Apartments vs. Virginia Rollins - Summons of Dispossessory
• Heritage Crossing Apartments vs. Merlean Hubbard - Summons of Dispossessory
• Heritage Crossing Apartments vs. Sharon Sewell - Summons of Dispossessory
• Heritage Crossing Apartments vs. Martin Simpson & Stacey Simpson - Summons
of Dispossessory
• Dharam Group, LLC DBA Dan’s Food Mart vs. Doug Carithers - Suit on Account
•Kathy Clark vs. Mike Cagle - Writ of Fieri Facias
• Midland Funding, LLC Assignee of Capital One vs. Michelle P. Funderburk - Writ
of Fieri Facias
•1st Franklin Financial vs. Evangela B. Waters - Writ of Fieri Facias
•Therasport Physical Therapy vs. Michael Noel - Suit on Account
•Slack Auto Parts vs. Don Burgess - Suit on Account
•Richard P. Soucy vs. Hussein Sharifi & Tammy Bell - Summons of Dispossessory
Default Judgments
• Douglas Cleveland vs. Misti Bingham - Suit on Account
• LVNV Funding, LLC Assignee of Old Navy vs. Nono Proctor-Suit on Account
•Athens Finance Co. vs. Angie Watson - Suit on a Note
•1st Franklin Financial vs. Annie E. Rakestraw - Suit on a Note
Civil Bench Trials
• Don’s Used Cars vs. David J. Taylor - Foreclosure of Personal Property - Dismissed
Due to Lack of Prosecution
•Bac-Trak Plumbing, Inc. vs. Sharon K. Diambrose - Suit on Account - Judgment for
from the Land; (v) all con
tract rights, accounts receiv
able and general intangibles
relating to the Land or the
use, occupancy, maintenance,
construction, repair or opera
tion thereof; all management
agreements, franchise agree
ments, utility agreements and
deposits; all maps, plans, sur
veys and specifications; all
warranties and guaranties; all
permits, licenses and approv
als; and all insurance policies;
(vi) all estates, rights, tene
ments, hereditaments, privi
leges, easements, and appur
tenances of any kind benefit
ing the Land; all means of
access to and from the Land,
whether public or private; and
all water and mineral rights;
and (vii) all “Proceeds” of any
of the above-described prop
erty, which term shall have
the meaning given to it in the
Uniform Commercial Code of
Georgia, whether cash or non
cash, and including insurance
proceeds and condemnation
awards; and all replacements,
substitutions and accessions
thereof.
The debt secured by said
Deed to Secure Debt has
been declared due because of,
among other possible events
of default, non-payment of the
principal and interest on said
loan at maturity. The Deed
to Secure Debt remaining in
default, this sale will be made
for the purpose of applying
the proceeds thereof to the
payment of the indebted
ness secured by the Deed to
Secure Debt, accrued inter
est thereon and late charges,
expenses of the sale and all
proceedings in connection
therewith, including attorneys’
fees as provided in the Note
and the Deed to Secure Debt,
notice of intention to collect
attorneys’ fees having been
given as provided by law, and
the remainder, if any, shall be
applied as provided by law.
Subject to the right of Lender,
which may be exercised at
any time, to enter and take
possession of the Land, to
the best of the knowledge of
Lender, the above described
Land is in the possession of
Borrower, tenants of Borrower
under unrecorded leases, or
other persons in possession
with the consent or acquies
cence of Borrower.
Said Land will be sold by
Lender as attorney-in-fact for
Borrower, subject to any and
all unpaid taxes and assess
ments, all prior leases, restric
tions, liens, encumbrances
and easements of record, if
any, having priority over the
Deed to Secure Debt.
RBC Bank (USA) as attor-
ney-in-fact for Royce Homes
-Atlanta, LLC
Jason C. Kirkham, Esq.
Sutherland Asbill & Brennan
LLP
999 Peachtree Street, Suite
2300
Atlanta, Georgia 30309
(404) 853-8000
(NV5,12,19,26P4)
gpn11
Notice of Sale
Notice of Sate 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
GEORGE WRIGLEY and
LUZ CASTILLO to NEW
CENTURY MORTGAGE
CORPORATION, dated June
13, 2003, recorded in Deed
Book30-S, Page 141, Jackson
County, Georgia Records, as
last transferred to Deutsche
Bank National Trust Company,
as trustee under the Pooling
and Servicing Agreement
dated as of September 1,
2003, Morgan Stanley ABS
Capital I Inc. Trust 2003-
NC8 by assignment recorded
in Deed Book 0052L, Page
661, Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
NINETEEN THOUSAND
ONE HUNDRED TWENTY
AND 0/100 DOLLARS
($119,120.00), with interest
thereon as set forth therein,
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:
SEE EXHIBIT AATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, fail
ure to pay the indebtedness
as and when due and in the
manner provided 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 pro
vided in Security Deed and by
law, including attorneys fees
(notice of intent to collect attor
neys 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Litton Loan Servicing, LP,
4828 Loop Central Drive,
Houston, TX 77081, 1-800-
807-3590. 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
property is George Wrigley
and Luz Castillo or a tenant
or tenants and said property is
more commonly known as 81
Edgewater Court, Braselton,
Georgia 30517.
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.
Deutsche Bank National
Trust Company, as trust
ee under the Pooling and
Servicing Agreement dated as
of September 1,2003, Morgan
Stanley ABS Capital I Inc.
Trust 2003-NC8 as Attorney in
Fact for George Wrigley and
Luz Castillo
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vn1 12/2/08
Our file no. 51315005-FT12
EXHIBIT A
All that tract or parcel of land
lying and being in GMD 1765,
Jackson County, Georgia,
being Lot 41, Block A,
Remington Park on the River,
as shown on plat of said sub
division recorded in Jackson
County Plat Records at Plat
Book 57, Page 111, which plat
is incorporated herein by ref
erence for a more complete
description.
(NVS, 12,19,26B/12062-60T1P)
gpn11
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
LAMONTA D. AIKEN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nominee
for AMERICA’S WHOLESALE
LENDER, dated February 8,
2006, recorded February 17,
2006, in Deed Book 42-R,
Page 58-70, 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-SEVEN THOUSAND
AND 00/100 DOLLARS
($397,000.00), with interest
thereon as provided for there
in, said Security Deed having
been last sold, assigned and
transferred to Countrywide
Home Loans, Inc., 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 lot, tract, or par
cel of land, together with all
improvements thereon, lying
and being in the Randolph
District (GMD 248) of Jackson
County, Georgia, being all of
Lot 43, Pod F, Traditions of
Braselton, Phase 1, as shown
on a plat of survey prepared
by Joseph K. Wood, Georgia
Registered Land Surveyor No.
2932, Wood Brothers Land
Surveyors, Inc., dated April 7,
2004, a copy of said plat being
of record in the Office of the
Clerk of the Superior Court of
Jackson County, Georgia, in
Plat Book 62, Pages 269-270,
which plat is hereto incorpo
rated by reference for a more
complete description of said
property.
Said property is commonly
known as 3216 Brush Arbor
Court, Jefferson, GA 30549.
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
neys’ 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 of the knowledge
and belief of the undersigned,
the party in possession of the
property Lamonta D. Aiken or
tenants(s).
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.
THE ABOVE
LAW
FIRM
IS ACTING AS A
DEBT
COLLECTOR.
ANY
INFORMATION
OBTAINED
WILL BE USED
FOR
THAT
PURPOSE.
COUNTRYWIDE HOME
LOANS, INC as Attorney in
Fact for LAMONTA D. AIKEN
Lender Contact:
COUNTRYWIDE, Loss
Mitigation Dept., 7105
Corporate Drive, PTX-A-274,
Plano, TX 75024
TELEPHONE NUMBER:
800-669-6087
Attorney Contact:
Adorno & Yoss LLC
Two Midtown Plaza
1349 West Peachtree Suite
1500
Atlanta, GA 30309
TELEPHONE NUMBER:
(888) 890-5309
ADORNO FILE NO.
215400.4568
WWW.ADORNO.COM/
ATLDOCS/SALES.HTML
(NV5,12,19,26B/13997-60)
gpn11
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 PAMALA DAVIS
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated June 23, 2006 in
the amount of $156,655.00,
and recorded in Deed Book
44-R, Page 171, 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 lying and
being in the 245th GMD of
Jackson County, Georgia
being Lot 22 of Greystone
Subdivision as per plat record
ed in Plat Book 60, Page 224,
Jackson County, Georgia
Records; which plat is here
by incorporated herein for a
more complete and detailed
description.
which has the property
address of 64 Greystone
Drive, 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 Pamala Davis
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 pro
vided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Pamala
Davis
Anthony DeMarlo, Attorney/
cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22917 /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)
gpn11
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 JAMES
BRIAN STILL and ANGIE N.
STILL to Mortgage Electronic
Registration Systems, Inc.,
dated May 7, 2001, recorded
in Deed Book 23-X, Page
363, Jackson County, Georgia
Records, as last transferred to
Fifth Third Mortgage Company
by assignment recorded in
Deed Book 53J, Page 97,
Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of TWO HUNDRED
THIRTY-SEVEN THOUSAND
FIVE HUNDRED AND 0/100
DOLLARS ($237,500.00),
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 AATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, fail
ure to pay the indebtedness
as and when due and in the
manner provided 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 pro
vided in Security Deed and by
law, including attorneys fees
(notice of intent to collect attor
neys 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Fifth Third Bank, Mail Drop
1MOC20, 5050 Kingsley
Drive, Cincinnati, OH 45263,
800-375-1745opt3. Please
understand that the secured
creditor is not required by law
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is James Brian Still
and Angie N. Still or a ten
ant or tenants and said prop
erty is more commonly known
as 33 Cottonwood Road,
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.
Fifth Third Mortgage
Company as Attorney in Fact
for James Brian Still and Angie
N. Still
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 12/2/08
Our file no. 5474603-FT7
EXHIBIT A
All that tract or parcel of
land lying and being in
GMD 245, Jackson County,
Georgia, being Lot 8, Block
B, Phase One, Clover Mill
Farm Subdivision, as per plat
recorded in Plat Book 54,
Page 80, Jackson County,
Georgia Records, which plat
is incorporated and made a
part hereof by reference.
(NVS, 12,19,26B/12062-60T1P)
gpn11
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 JAMES BENTON
and MARANDA BENTON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated September
15, 2005, in the amount of
$78,400.00, and recorded in
Deed Book 40-S, Page 399,
Jackson County, Georgia
Records, as last transferred
to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc.
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 tract or parcel of land
lying and being in Jackson
County, Georgia, Minish
District 225 containing 0.71
acre, more or less, being Lot
8 in the Subdivision of the
D. J. Yarbrough Lands, accord
ing to a Plat made by H. G.
Prickett, Surveyor, which Plat
is recorded in Plat Book 2,
Page 129, in the Office of
the Clerk of Superior Court,
Jackson County, Georgia. Said
Lot or Parcel of Land begins
and runs with said Railroad
to the corner of the Railroad
of Lots 9 and 8, in center
of Railroad, thence North 23
East 5.10 to corner of Lots
8 and 7 on New Highway,
thence North 67 West 6.50 to
corner of Lots 9 and 8, on New
Highway thence North 16 and
one fourth East 3.77 to the
beginning corner. This Lot is
bounded by the Railroad and
Lot No. 7 and Lot No. 3 and
Lot No. 9. Being the same
lands described in Deed from
E. A. Yarbrough and others,
executors of the Estate of D.
J. Yarbrough to H. C. Ledford,
dated November 6, 1948,
recorded in Deed Book 3-I,
Page 492, Jackson County,
Georgia records.
Less and Except from said
Lot 8 described above the fol
lowing:
1. Tract 1 of 1.074 acres
being shown at Plat Book 49,
continued on following page