Newspaper Page Text
PAGE 18C
THE JACKSON HERALD
WEDNESDAY, NOVEMBER 26, 2008
Public Notices Continued
plat of survey recorded in Plat
Book 62, Page 47, Jackson
County, Georgia records,
which plat is incorporated
herein and made a part hereof
by reference.
This conveyance is subject
to all restrictions and ease
ments of record.
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 man
ner provided in the Note and
Deed to Secure Debt. The
debt remaining in default, this
sale will be made for the pur
pose of paying 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 hav
ing been given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in posses
sion of the subject property
known as 331 Psalms Drive,
Jefferson, GA 30549 is (are):
Terrance D. Bowie or tenant
or 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; (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.
Deutsche Bank National
Trust Company, as Trustee
under NovaStar Mortgage
Funding Trust, Series 2006-4
as attorney in fact for Terrance
D. Bowie
Richard B. Maner, PC.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
FC08-463
(NV5,12,19,26P4)
gpn11
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 41-W,
Page 433, 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 collec
tively as the “Security Deed”),
said Security Deed being given
to secure the payment of that
certain Promissory Note dated
October 31, 2005, made by
Grantor to the order of Grantee
in the original principal amount
of FIFTY-NINE THOUSAND
ONE HUNDRED AND 00/100
DOLLARS ($59,100.00), with
interest from the date thereof
at the rate specified there
in (said Promissory Note,
as renewed, modified and
assigned from time to time,
hereinafter referred to collec
tively 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 high
est 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 Lot C-154, POD C, Phase
1 of Links 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
213-219, inclusive, Jackson
County, Georgia Records, ref
erence to said plat of survey
and the record thereof being
hereby made for a more com
plete legal description.
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 payments 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 inter
est and expenses of the sale
and all other payments pro
vided for under the Security
Deed, including attorneys’fees
as provided in the Note and
Security Deed, notice of inten
tion to collect attorneys’ fees
having been given as provided
by law, and the remainder, if
any, shall be applied as pro
vided by law.
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
persons 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)
gpn11
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 April 25,
2006 from GAREN HOMES,
INC., a Georgia corporation
(“Grantor”), to SUNTRUST
BANK, AS SUCCESSOR BY
MERGER TO SOUTHERN
HERITAGE BANK (“Grantee”),
recorded in Deed Book
43-U, Page 653, 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 payment of that certain
Promissory Note dated April
25, 2006, made by Grantor
to the order of Grantee in the
original principal amount of
ONE HUNDRED EIGHTY-
EIGHT THOUSAND FOUR
HUNDRED EIGHTY-FOUR
AND 00/100 DOLLARS
($188,484.00), 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,
Jackson County, Georgia,
being Lots 48 and 49, POD C,
Phase 2, Links at Traditions,
as per plat recorded in Plat
Book 64, Page 215, Jackson
County Records, said plat
being incorporated herein by
reference thereto, and;
All that tract or parcel of land
lying and being in GMD 248,
Jackson County, Georgia,
being Lot 23, POD G, Phase
2, Fairways at Traditions, as
per plat recorded in Plat Book
64, Page 218, Jackson County
Records, said plat being incor
porated herein by reference
thereto.
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 payments 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 inter
est and expenses of the sale
and all other payments pro
vided for under the Security
Deed, including attorneys’fees
as provided in the Note and
Security Deed, notice of inten
tion to collect attorneys’ fees
having been given as provided
by law, and the remainder, if
any, shall be applied as pro
vided by law.
Grantee reserves the right
to sell the Property in one par
cel 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
persons 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)
gpn11
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
October31,2005from 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 origi
nal principal 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 collec
tively 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 high
est 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 designat
ed 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 description.
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 payments 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 inter
est and expenses of the sale
and all other payments pro
vided for under the Security
Deed, including attorneys’fees
as provided in the Note and
Security Deed, notice of inten
tion to collect attorneys’ fees
having been given as provided
by law, and the remainder, if
any, shall be applied as pro
vided by law.
Grantee reserves the right
to sell the Property in one par
cel 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
persons 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)
gpn-11
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)
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 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, situ
ate, lying and being in the
245th District, G.M., City of
Jefferson, Jackson County,
Georgia, designated as Lot
10 of Block A, as shown on
a plat of survey entitled Final
Plan For Peachtree Estates
- Unit Two, prepared by W.T.
Dunahoo and Associates, cer
tified 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 recording thereof are
by reference hereto incorpo
rated herein for a more com
plete 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 pro
vided 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.
(NV5,12,19,26B/1325-50)
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 BARRYE.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, containing 1.0 acres, more
or less, and more particularly
shown on a survey entitled
Survey for Oak Hill Subdivision
continued on following page