Newspaper Page Text
WEDNESDAY, NOVEMBER 26, 2008
THE JACKSON HERALD
PAGE 15 C
Public Notices Continued
August 15, 2008, recorded in
Deed Book 53-C, Pages 456-
461, in the Office of the Clerk
of Superior Court of Jackson
County, Georgia; said default
having been more than thirty
(30) days and not having been
made good in accordance with
the terms and provisions of
said Deed to Secure Debt,
TOMMY A. BOYD, pursuant to
said Deed to Secure Debt, and
the Note secured thereby, has
declared the entire amount of
the indebtedness secured by
said Deed to Secure Debt,
due, payable, and collectible;
and, pursuant to the power of
sale contained in said Deed to
Secure Debt, will, on the first
Tuesday in December, 2008,
within the legal hours of sale
before the Courthouse door in
Jackson County, Georgia, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said Deed to
Secure Debt, to wit:
All that tract or parcel of land,
situate, lying and being in the
1747th District, G.M. Jackson
County, Georgia, containing
0.93 acres, more or less,
according to that certain plat
or survey entitled, “Survey For:
Tommy A. Boyd”, prepared by
James M. Paul, Registered
Land Surveyor Number 1530,
dated September 25, 2007,
and recorded in Plat Book
67, page 34, in the Office of
the Clerk of Jackson County,
Georgia, and being incorpo
rated herein by reference for a
more particular description.
TOGETHER with all right,
title, interest and use the
Grantor has in and to the
20-foot driveway easement
adjacent to the westerly side
of the above-described prop
erty and more fully described
in Driveway Easement
Agreement by and between
Hazel Seagraves and Tommy
A. Boyd dated November 1,
2007, and recorded in Deed
Book 500, page 354-362, in
the Office of the Clerk of the
Superior Court of Jackson
County, Georgia.
To the best of the under
signed’s information and belief
the street address for the
above described property is:
2068 Highway 330, Bogart,
Georgia 30622.
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale
and the Deed to Secure Debt
and Security Agreement con
taining said power.
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 fore
closure documents may not
be provided until final confir
mation and audit of the status
of the loan as provided in the
preceding paragraph.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
TommyA. Boyd, 3247 Highway
330, Statham, Georgia 30666,
(706) 255-4677. However,
the secured creditor is not
required to negotiate, amend,
or modify the terms of the
mortgage instrument.
Said property is being sold
as the property of SANDRA
L. LEROY and subject to all
unpaid taxes, assessments
and/or matters of record, if
any.
This 31st day of October,
2008.
TOMMY A. BOYD as
Attorney-in-fact for SANDRA
L. LEROY
Fortson, Bentley and Griffin,
P. A.
2500 Daniell’s Bridge Rd.
Building 200, Suite 3A
Athens, GA 30606
(706) 548-1151
(NVS, 12,19,26B/1034-70P)
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 ALVIN R. SMITH
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated August 26, 2005,
in the amount of $125,000.00,
and recorded in Deed Book
40-L, Page 468, 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
242 G.M.D., Jackson County,
Georgia, and being known
and designated as Lot 1 more
particularly shown on a sur
vey entitled Survey for Oak
Hill Subdivision prepared by
Venable and Associates, Inc.,
Surveyors, dated February 25,
2000. Said plat is recorded
in Plat Book 57, Pages 71
and 72, Office of the Clerk
of Superior Court of Jackson
County, Georgia, and refer
ence is hereby made to said
plat for a more complete
description of the property.
Subject to the Declaration of
Protective Covenants for Big
Oaks Subdivision recorded
in Deed Book 221, at Pages
143-149, Jackson County
Records.
which has the property
address of 209 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 Alvin R.
Smith 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 pro
vided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Alvin R.
Smith
Anthony DeMarlo, Attorney/
Iseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-24909 /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)
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 a Security Deed from
BATTLE PROPERTIES, INC.
to UNITED COMMUNITY
BANK, dated December 9,
2005, recorded December 19,
2005, in Deed Book 41-W,
Page 382, Jackson County,
Georgia Records, re-recorded
July 14, 2006, in Deed Book
44-Q, Page 429, Jackson
County, Georgia Records, as
re-recorded September 22,
2008, in Deed Book 53-H,
Page 244, Jackson County,
Georgia Records, modified by
Modification of Security Deed
dated November 11, 2007,
recorded in Deed Book 50-Z,
Page 390, Jackson County,
Georgia Records, said
Security Deed being given to
secure a Note from BATTLE
PROPERTIES, INC., with
interest from date at a rate per
cent per annum 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,
the following described prop
erty:
All that tract or parcel of land
lying and being in GMD 248
of Jackson County, Georgia,
being known and designated
as Lot H-51, POD H, Phase
1, of Woods 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 through 219, inclusive,
Jackson County, Georgia
Records, reference to said
plat of survey and the record
thereof being hereby made
for a more complete legal
description.
Including the following: (i)
all sums of Grantor on depos
it with Grantee from time to
time (the “Deposits”); (ii) if
the Land is to be subdivided
into lots, all income received
from the sale of such lots (the
“Lot Sales Income”); (iii) all
fixtures and personal property
included (whether generally or
specifically) in the definition
of “Premises” set forth here
inabove and now or hereafter
acquired by Grantor, and all
replacements, substitutions
and additions thereto (the
“Fixtures and Personalty”);
(iv) all plans, specifications,
drawings, surveys, contracts
(including contracts with gen
eral contractors and architects)
and subcontracts related to
the improvement and devel
opment of the Premises (the
“Improvement Documents”);
and (v) all proceeds (includ
ing cash proceeds and pro
ceeds of proceeds) of all of the
foregoing (all such Deposits,
Lot Sales Income, Fixtures
and Personalty, Improvement
Documents and proceeds are
collectively referred to herein
as the “Collateral”).
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 the Security Deed
and by law, including attor
ney’s fees (notice of intent to
collect attorney’s 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, ease
ments, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is BATTLE PROPERTIES,
INC. or a tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact for
BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00622
(NV5,12,19,26B/16022-70T1P)
gpn11
Notice of Sale
Advertisement of Sale Under Power
of Sale in Deed to Secure Debt
State of Georgia
County of Jackson
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt (the “Security Deed”)
from TERRY PATTILLO
PROPERTIES, LLC to
NORTHEAST GEORGIA
BANK, dated April 27, 2006,
recorded May 2, 2006, in
Deed Book 43-Q, Pages
527-531, records of Jackson
County, Georgia, as last
modified on April 14, 2008, as
recorded in Deed Book 52-G,
Page 88, Jackson County,
Georgia Records (See also
Assignment Of Leases And
Rents, recorded in Deed Book
52-G, Pages 81-87, Jackson
County, Georgia Records),
the Security Deed secures
Note dated April 14, 2008, in
the original principal amount
of $59,434.53, plus interest,
there will be sold by the under
signed at public outcry to the
highest and best bidder for
cash before the Courthouse
door at Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday
in December, 2008, the fol
lowing described property and
improvements, to wit:
DESCRIPTION
All that tract or parcel of land
lying and being in the City of
Commerce, Jackson County,
Georgia, Minish District 255th,
more particularly described
as follows: BEGINNING at a
point on Wood Street at J.W.
Harris corner, thence along
line of J.W. Harris and then
Alfus R. Pittman line south
9 1/2 west 3.70 to corner of
Alfus R. Pittman and Ben
Hood; thence along Ben Hood
line South 80 1/2 east 1.00 to
corner of Dupree Nix; thence
along line of Dupree Nix north
9 1/2 east 3.70 to corner of
Dupree Nix on Wood Street;
thence along Wood Street
north 80 1/2 west 1.00 to the
beginning corner. Bounded on
the north by Wood Street, on
the east by Dupree Nix, on the
south by Ben Hood lot, and on
the west by Alfus R. Pittman
and J.W. Harris lots. This is
the same property which is
described in an Executors’
Deed Under Authority of Will,
dated February 18, 1983,
recorded in Deed Book 8-I,
Pages 183-184, Jackson
County Records.
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, non-pay
ment of said loan. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney’s fees.
Said property will be sold as
the property of Terry Pattillo
Properties, LLC, and subject
to the outstanding ad valorem
taxes and/or assignments if
any, and further subject to the
outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by Terry Pattillo
Properties, LLC.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with the debtor is Northeast
Georgia Bank, 12461 Augusta
Road, Lavonia, Georgia
30553, Phone Number 706-
356-4444.
THIS IS AN ATTEMPT TO
COLLECT A DEBT. AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
NORTHEAST GEORGIA
BANK
By:
As Attorney-in-fact for: Terry
Pattillo Properties, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(NV5,12,19,26P4)
gpn-11
Notice of Sale
Advertisement of Sale Under Power
of Sale in Deed to Secure Debt
State of Georgia
County of Jackson
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt (the “Security Deed”)
from TERRY PATTILLO
PROPERTIES, LLC to
NORTHEAST GEORGIA
BANK, dated June 9, 2006,
recorded June 12, 2006 in
Deed Book 44F, Pages 652-
655, records of Jackson
County, Georgia, as last
modified on April 10, 2008, as
recorded in Deed Book 52G,
Page 708, Jackson County,
Georgia Records, (see also
Assignment Of Leases And
Rents recorded in Deed
Book 52G, Pages 709-715),
Jackson County, Georgia
Records; the Security Deed
secures Note dated April 10,
2008, in the original princi
pal amount of $105,118.61,
plus interest; there will be sold
by the under-signed at pub
lic outcry to the highest and
best bidder for cash before the
Courthouse door at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in December, 2008,
the following described prop
erty and improvements, to wit:
Description
All that tract or parcel of
land lying and being in the
255th GMD of Jackson
County, Georgia, being Tract
2, consisting of 0.526 acre,
as per plat thereof recorded
in Plat Book 65, Page 124,
Jackson County, Georgia
records, which plat is incorpo
rated herein and made a part
hereof by reference for a more
detailed description.
This conveyance is made
subject to all zoning ordinanc
es, easement and restrictions
of record affecting said bar
gained premises.
Subject to all easements,
covenants, and restrictions or
record, if any.
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, non-pay
ment of said loan. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney’s fees.
Said property will be sold as
the property of Terry Pattillo
Properties, LLC, and subject
to the outstanding ad valorem
taxes and/or assignments if
any, and further subject to the
outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by Terry Pattillo
Properties, LLC.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with the debtor is Northeast
Georgia Bank, 12461 Augusta
Road, Lavonia, Georgia
30553, Phone Number 706-
356-4444.
THIS IS AN ATTEMPT TO
COLLECT A DEBT, AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
NORTHEAST GEORGIA
BANK
By:
As Attorney-in-fact for: Terry
Pattillo Properties, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(NV5,12,19,26P4)
gpn11
Notice of Sale
Advertisement of Sale Under Power
of Sale in Deed to Secure Debt
State of Georgia
County of Jackson
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt (the “Security Deed")
from TERRY PATTILLO
PROPERTIES, LLC to
NORTHEAST GEORGIA
BANK, dated May 17, 2007,
recorded May 23, 2007, in
Deed Book 48-T, Pages
431-435, records of Jackson
County, Georgia, as last modi
fied on March 3, 2008, as
recorded in Deed Book 51T,
Page 427, Jackson County,
Georgia Records; the Security
Deed secures Note dated
March 3, 2008, in the original
principal amountof $91,037.97,
plus interest; there will be sold
by the under-signed at pub
lic outcry to the highest and
best bidder for cash before the
Courthouse door at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in December, 2008,
the following described prop
erty and improvements, to wit:
DESCRIPTION
All that tract of land lying and
being in the State of Georgia
and County of Jackson in the
City of Commerce on the south
side of Cotton Street adjoining
lot now or formerly of Hensley
and other lots now or formerly
of T.C. Hardeman; Beginning
on iron pin on Cotton Street
on the Hensley Corner and
running with the line 200 feet
to the back corner, thence 78
degrees, northeast 66 2/3 feet
to iron pin, thence parallel with
the first line 200 feet to Cotton
Street to the iron pin, thence
with said street 66 2/3 feet to
the beginning corner, contain
ing 32/100 of an acre more
or less.
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, non-pay
ment of said loan. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney’s fees.
Said property will be sold as
the property of Terry Pattillo
Properties, LLC, and subject
to the outstanding ad valorem
taxes and/or assignments if
any, and further subject to the
outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by Terry Pattillo
Properties, LLC.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with the debtor is Northeast
Georgia Bank, 12461 Augusta
Road, Lavonia, Georgia
30553, Phone Number 706-
356-4444.
THIS IS AN ATTEMPT TO
COLLECT A DEBT. AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
NORTHEAST GEORGIA
BANK
By:
As Attorney-in-fact for: Terry
Pattillo Properties, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(NV5,12,19,26P4)
gpn11
Notice of Sale
Advertisement of Sale Under Power
of Sale in Deed to Secure Debt
State of Georgia
County of Jackson
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt (the “Security Deed”)
from TERRY PATTILLO
PROPERTIES, LLC to
NORTHEAST GEORGIA
BANK, dated December
19, 2006, recorded January
2, 2007, in Deed Book 46Z,
Pages 671-675, records of
Jackson County, Georgia;
the Security Deed secures
Note dated March 3, 2008, in
the original principal amount
of $36,372.00, plus interest;
there will be sold by the under
signed at public outcry to the
highest and best bidder for
cash before the Courthouse
door at Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday
in December, 2008, the fol
lowing described property and
improvements, to wit:
DESCRIPTION
All that tract or parcel of
land lying and being in the
255th G.M. District of Jackson
County, Georgia, shown as Lot
6, Chandler’s Walk, as per plat
of survey prepared by Ingram,
Lord & Associates, Georgia
Registered Land Surveyor,
dated September 26, 2005
and recorded in Plat Book 66,
Page 134, Jackson County,
Georgia records. Reference is
made to said plat of survey for
a more complete description
of the property.
This conveyance is made
subject to all zoning ordinanc
es, easement and restrictions
of record affecting said bar
gained premises.
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, non-pay
ment of said loan. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney’s fees.
Said property will be sold as
the property of Terry Pattillo
Properties, LLC, and subject
to the outstanding ad valorem
taxes and/or assignments if
any, and further subject to the
outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by Terry Pattillo
Properties, LLC.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with the debtor is Northeast
Georgia Bank, 12461 Augusta
Road, Lavonia, Georgia
30553, Phone Number 706-
356-4444.
THIS IS AN ATTEMPT TO
COLLECT A DEBT, AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
continued on following page