Newspaper Page Text
WEDNESDAY, NOVEMBER 26, 2008
THE JACKSON HERALD
PAGE 17C
Public Notices Continued
Loan Modification Agreement
dated December 28, 2006,
recorded in Deed Book 47-D,
Page 7, aforesaid records (the
“First Modification”), by that
certain Spreader Agreement
dated June 28, 2007, record
ed in Deed Book 49-E, Page
512, aforesaid records (the
“Spreader Agreement”),
and by that certain Loan
Modification Agreement dated
June 28, 2007, recorded
in Deed Book 49-E, Page
526, aforesaid records (the
“Second Modification”); the
Security Agreement, the First
Modification, the Spreader
Agreement and the Second
Modification collectively known
as the “Security Deed”), said
Security Deed being given to
secure payment of that cer
tain Real Estate Note dated
January 16, 2004 given by
Grantor in favor of Grantee
up to the original principal
amount OF SEVEN MILLION
FIVE HUNDRED THOUSAND
AND NO/100 DOLLARS
($7,500,000.00), as affected
by that certain Amendment to
Promissory Note dated July 1,
2005, and as further affected
by the First Modification and
the Second Modification (as
amended, the “Note”), as such
Note was renewed, extended,
and increased in amount, the
last such modification being
June 28, 2007, 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,
namely December 2, 2008,
the property conveyed by said
Security Deed (the “Land”) and
described as follows, to-wit:
All that tract or parcel of
land lying and being in Minish
GMD No. 255, Jackson
County, Georgia, being Lots
44, 45, 46, 47, 48, 49 & 50,
Brentwood Estates, Phase
Three, as per plat recorded
at Plat Book 61, page 2, in
the Office of the Clerk of the
Superior Court of Jackson
County, Georgia.
TOGETHER WITH:
All that tract or parcel of land
lying and being in Minish GMD
No. 255, Jackson County,
Georgia, being Lots 58 & 59,
Brentwood Estates, Phase
Four, as per plat recorded at
Plat Book 60, Page 111, in
the Office of the Clerk of the
Superior Court of Jackson
County, Georgia.
Together with all buildings,
structures and other improve
ments located on the premises
hereinbefore described, or any
part and parcel thereof; and
Together with all rights,
title and interest of Grantor in
and to the minerals, flowers,
shrubs, crops, trees, timber
and other emblements on said
property or above the same
or any part or parcel thereof;
and
Together with all and singu
lar the tenements, heredita
ments, easements and appur
tenances thereunto belonging
or in any wise appertaining,
and the reversion or rever
sions, remainder and remain
ders, rents, issues and profits
thereof; and also all the estate,
right, title, interest, claim and
demand whatsoever of Grantor
of, in and to the same and of,
in and to every part and parcel
thereof; and
Together with all machin
ery, apparatus, equipment,
fittings, fixtures, whether actu
ally or constructively attached
to said property and including
all trade domestic and orna
mental fixtures, and articles
of personal property of every
kind and nature whatsoever
(hereinafter collectively called
“Equipment”) located in,
upon or under said property
or any part thereof and used
or usable in connection with
any present or future opera
tion of said property and now
owned or hereafter acquired
by Grantor, including, but with
out limiting the generality of
the foregoing, all heating, air-
conditioning, freezing, light
ing, laundry, incinerating and
power equipment; engines;
pipes; pumps; tanks; motors;
conduits; switchboards;
plumbing, lifting, cleaning, fire
prevention, fire extinguishing,
refrigerating, ventilating and
communications apparatus;
boilers, ranges, furnaces oil
burners or units thereof; appli
ances; air-cooling and air-con
ditioning apparatus; vacuum
cleaning systems; elevators;
escalators; shades; awnings,
screens; storm doors and win
dows; stoves; wall beds; refrig
erators; attached cabinets;
partitions; ducts and compres
sors; rugs and carpets; draper
ies; furniture and furnishings in
commercial, institutional and
industrial buildings; together
with all building materials
and equipment delivered to
the premises and intended to
be installed therein; together
with all additions thereto and
replacements thereof; and
Together with any and all
rents which are now due or
may hereafter become due
by reason of the renting, leas
ing and bailment of property
improvements thereon and
Equipment; and
Together with any and all
awards or payments, includ
ing interest thereon, and the
right to receive the same, as
a result of (a) the exercise of
the right of eminent domain,
(b) the alteration of the grade
of any street, or (c) any other
injury to, taking of, or decrease
in the value of, the premises
(all the foregoing together with
the above described Land, the
“Property”).
Because of the default in
the payment of the install
ments 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 indebt
edness evidenced by the Note
together with the cost of said
sale, including attorney’s fees,
notice having been given pur
suant 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 discretion may elect,
and one or more exercises
of the powers granted in the
Security Deed shall not extin
guish or exhaust the powers
granted in the Security Deed
unless the entire Property is
sold or the secured indebted
ness 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 ten
ants claiming by, through or
under Grantor. The above
referenced Property is locat
ed in Minish GMD No. 255
of Jackson County, Georgia;
however, the exact address of
such property is unknown.
The Property will be sold
subject to all liens, encum
brances, 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 assess
ments relating to the Property.
Bank of America, N.A., a
national banking associa
tion, as attorney-in-fact for
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.
(NVS,12,19,26P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
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 dated
June 23, 2005 (the “Security
Agreement”) from PARKER-
CHANDLER HOMES, INC.,
a Georgia corporation, pre
decessor by merger to PCH
Development, LLC, a Georgia
limited liability company, pre
decessor by name change to
Comstock Homes of Atlanta,
LLC, a Georgia limited liability
company (hereinafter referred
to as “Grantor”), to BANK OF
AMERICA, N.A., a national
banking association (herein
after referred to as “Grantee”),
filed for record in Deed Book
39-U, Page 783, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia,
as modified by that certain
Loan Modification Agreement
dated December 28, 2006,
recorded in Deed Book 47-D,
Page 7, aforesaid records (the
“First Modification”), by that
certain Spreader Agreement
dated June 28, 2007, record
ed in Deed Book 49-E, Page
512, aforesaid records (the
“Spreader Agreement”),
and by that certain Loan
Modification Agreement dated
June 28, 2007, recorded
in Deed Book 49-E, Page
526, aforesaid records (the
“Second Modification”); the
Security Agreement, the First
Modification, the Spreader
Agreement and the Second
Modification collectively known
as the “Security Deed”); said
Security Deed being given to
secure payment of that cer
tain Real Estate Note dated
January 16, 2004 given by
Grantor in favor of Grantee
up to the original principal
amount of SEVEN MILLION
FIVE HUNDRED THOUSAND
AND NO/100 DOLLARS
($7,500,000.00), as affected
by that certain Amendment to
Promissory Note dated July
1, 2005, and as further affect
ed by Modification and the
Second Mofication (as amend
ed, the “Note”), as such Note
was renewed, extended, and
increased in amount, the last
such modification being June
28, 2007, 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, namely December
2, 2008, the property con
veyed by said Security Deed
(the “Land”) and described as
follows, to-wit:
All that tract or parcel of
land lying and being in Minish
GMD No. 255, Jackson
County, Georgia, being Lot 67,
Brentwood Estates, Phase
Four, as per plat recorded
in Plat Book 60, page 111,
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia.
Together with all buildings,
structures and other improve
ments located on the premises
hereinbefore described, or any
part and parcel thereof; and
Together with all rights,
title and interest of Grantor in
and to the minerals, flowers,
shrubs, crops, trees, timber
and other emblements on said
property or above the same
or any part or parcel thereof;
and
Together with all and singu
lar the tenements, heredita
ments, easements and appur
tenances thereunto belonging
or in any wise appertaining,
and the reversion or rever
sions, remainder and remain
ders, rents, issues and profits
thereof; and also all the estate,
right, title, interest, claim and
demand whatsoeverof Grantor
of, in and to the same and of,
in and to every part and parcel
thereof; and
Together with all machin
ery, apparatus, equipment,
fittings, fixtures, whether actu
ally or constructively attached
to said property and including
all trade domestic and orna
mental fixtures, and articles
of personal property of every
kind and nature whatsoever
(hereinafter collectively called
“Equipment”) located in,
upon or under said property
or any part thereof and used
or usable in connection with
any present or future opera
tion of said property and now
owned or hereafter acquired
by Grantor, including, but with
out limiting the generality of
the foregoing, all heating, air-
conditioning, freezing, light
ing, laundry, incinerating and
power equipment; engines;
pipes; pumps; tanks; motors;
conduits; switchboards;
plumbing, lifting, cleaning, fire
prevention, fire extinguishing,
refrigerating, ventilating and
communications apparatus;
boilers, ranges, furnaces oil
burners or units thereof; appli
ances; air-cooling and air-con
ditioning apparatus; vacuum
cleaning systems; elevators;
escalators; shades; awnings,
screens; storm doors and win
dows; stoves; wall beds; refrig
erators; attached cabinets;
partitions; ducts and compres
sors; rugs and carpets; draper
ies; furniture and furnishings in
commercial, institutional and
industrial buildings; together
with all building materials
and equipment delivered to
the premises and intended to
be installed therein; together
with all additions thereto and
replacements thereof; and
Together with any and all
rents which are now due or
may hereafter become due
by reason of the renting, leas
ing and bailment of property
improvements thereon and
Equipment; and
Together with any and all
awards or payments, includ
ing interest thereon, and the
right to receive the same, as
a result of (a) the exercise of
the right of eminent domain,
(b) the alteration of the grade
of any street, or (c) any other
injury to, taking of, or decrease
in the value of, the premises
(all the foregoing together with
the above described Land, the
“Property”).
Because of the default in
the payment of the install
ments 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 indebt
edness evidenced by the Note
together with the cost of said
sale, including attorney’s fees,
notice having been given pur
suant 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 discretion may elect,
and one or more exercises
of the powers granted in the
Security Deed shall not extin
guish or exhaust the powers
granted in the Security Deed
unless the entire Property is
sold or the secured indebted
ness 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 ten
ants claiming by, through or
under Grantor. The above
referenced Property is locat
ed in Minish GMD No. 255
of Jackson County, Georgia;
however, the exact address of
such property is unknown.
The Property will be sold
subject to all liens, encum
brances, 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 assess
ments 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)
gpn11
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
DANIELHAROLDMcDONALD
and HAROLD MCDONALD
to CAPITAL MORTGAGE
CORPORATION, dated
February 1, 2008, and record
ed 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 prin
cipal amount of $99,213.28,
the holder thereof pursuant
to said Deed and Note there
by 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 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
property.
Said property is known as
73 Hickory Way, Maysville,
GA 30528, together with all
fixtures and personal proper
ty attached to and constitut
ing a part of said property, if
any. Said property 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 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 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
AS ADEBT COLLECTOR. ANY
INFORMATION
OBTAINED
WILL BE USED
FOR THAT
PURPOSE.
(NV5,12,19,26P4)
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
Deed to Secure Debt given by
JIM PARDUINO 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 assign
ment, 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
possible events of default, fail
ure 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 purpose of pay
ing 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
authority to negotiate, amend,
and modify all terms of the
mortgage 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 modi
fy the terms of the mortgage
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 (includ
ing taxes which are a lien,
but not yet due and payable),
(b) any matters which might
be disclosed 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, including, but not lim
ited to, assessments, liens,
encumbrances, zoning ordi
nances, easements, restric
tions, 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 confirma
tion 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 pro
cedures regarding the rescis
sion of judicial and nonjudicial
sales in the State of Georgia,
the Deed Under Power and
other foreclosure documents
may not be provided until final
confirmation and audit of the
status of the loan as provided
in the preceding 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)
gpn11
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 Book 44-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, Block
A of Shepherds Crossing
Subdivision according to that
continued on following page