Newspaper Page Text
WEDNESDAY, DECEMBER 10, 2008
THE JACKSON HERALD
PAGE 19 C
Public Notices Continued
53/100 ($250,572.53), 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 January, 2009,
all of the following described
property and interests and
estates in property, land,
easements, rights, improve
ments, personal property, fix
tures, equipment and appur
tenances (hereinafter collec
tively called the “Property” or
the “Premises”):
A. ALL THAT TRACT OR
PARCEL OF LAND lying
and being in GMD 245,
Jackson County, Georgia,
Being Lot 16 of Lake Vista
Estates Subdivision, as per
plat recorded in plat book
68, pages 17-18, Jackson
County, Georgia Records,
which plat is incorporated
herein by reference and
made a part hereof, (the
“Land”)
B. TOGETHER WITH, all
of the following: All build
ings, improvements, and
tenements now or hereafter
erected on the Property; and
all heretofore or hereafter
vacated alleys and streets
abutting the property, and
all easements, rights, appur
tenances, rents, royalties;
mineral, oil and gas rights
and profits, water, water
rights, and water stock
appurtenant to the property,
and all fixtures, machinery,
equipment, engines, boilers,
incinerators, building materi
als, appliances and goods
of every nature whatsoever
now or hereafter located
in, or on, used, or intended
to be used in connection
with the property, including,
but not limited to, those for
the purposes of supplying
or distributing heating, cool
ing, electricity, gas, water,
air and light; and all eleva
tors, and related machinery
and equipment, fire preven
tion and extinguishing appa
ratus, security and access
control apparatus, plumbing,
bath tubs, water heaters,
water closets, sinks, ranges,
stoves, refrigerators, dish
washers, disposals, wash
ers, dryers, awnings, storm
windows, storm doors,
screens, blinds, shades, cur
tains and curtain rods, mir
rors, cabinets, paneling, rugs,
attached floor coverings, fur
niture, pictures, antennas,
trees and plants, and any
and all other personal prop
erty owned by Mortgagor/
Borrower and located in, or
on, or used in connection
with the above-described
real property and improve
ments thereon, and together
with the following items: util
ity deposits, unearned pre
miums, accrued, accruing or
to accrue under insurance
policies covering the Project
and all proceeds of any con
version of the “Property”
(as defined in the Security
Deed), or any part thereof
including, without limita
tion, proceeds of hazard
and title insurance and all
awards and compensations
for the taking by eminent
domain, condemnation or
otherwise, of all or any part
of the Property or any ease
ment therein: all of which,
including replacements and
additions thereto, shall be
deemed to be and remain a
part of the Property covered
by the Security Deed.
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other
possible events of default,
failure to pay the indebted
ness as and when due and
in the manner provided in
the Promissory 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 provided in the Security
Deed and by law, includ
ing attorneys fees (notice
of intent to collect attorneys
fees having been given).
Said property will be sold
subject to the following:
1. All taxes and assess
ments outstanding, including
those which are a lien not
yet due and payable.
2. Laws and regulations
of governmental authorities
applicable to the Property
including, without limitation,
zoning.
3. The exact location of
boundary lines, unrecord
ed easements, possible
encroachments and other
facts or conditions which
would be disclosed by an
accurate survey and inspec
tion of the Property; and
rights, if any, of persons
who may be in possession
under claims not appearing
of record.
4. Any other matters which
might be disclosed by an
accurate survey and inspec
tion 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 con
firmation and audit of the
status of the loan with the
Holder of the Security Deed.
The entity that has full
authority to negotiate,
amend and modify all terms
of the mortgage with the
Debtor is: Alan Long, 445
Hamilton Avenue, Suite
1102, New York, NY, 10601;
Phone: (914) 358-0034.
The secured creditor is not
required by law to negotiate,
amend, or modify the terms
of the mortgage instrument.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the Note secured by
said Deed.
To the best knowledge and
belief of the undersigned,
the party in possession of
the property is Boleman
Construction Company, and
said property is more com
monly known as 215 Lake
Vista Drive, Jefferson,
Georgia 30549-4602.
BMR FUNDING, LLC
As Attorney-in-Fact for T.
Boleman Company, LLC
Dylan W. Howard
Baker, Donelson,
Bearman, Caldwell &
Berkowitz, PC.
3414 Peachtree Road,
Suite 1600
Atlanta, Georgia 30326
Phone: (404) 577-6000
(DC10,17,24,31P4)
Gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained
in the following described
instrument, (hereinafter
referred to as the “Security
Deed”):
Georgia Security Deed
and Security Agreement,
dated June 5, 2006, exe
cuted by BOLEMAN
CONSTRUCTION
COMPANY, LLC, in favor of
BB&T, filed on June 12, 2006,
and recorded in Deed Book
44-F, Page 361, Jackson
County, Georgia Records;
as transferred and assigned
to BMR Funding, LLC, a
Connecticut corporation,
by Assignment of Security
Deeds and Other Collateral
and/or Loan Documents,
dated October 8, 2008,
filed on October 16, 2008,
recorded in Deed Book 53-L,
Page 585, Jackson County,
Georgia records; conveying
the after described proper
ty to secure a Promissory
Note in the original principal
amount of TWO HUNDRED
SEVENTY-TWO SEVEN
HUNDRED AND THIRTY-
SEVEN DOLLARS AND
33/100 ($272,737.33), 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 January, 2009,
all of the following described
property and interests and
estates in property, land,
easements, rights, improve
ments, personal property, fix
tures, equipment and appur
tenances (hereinafter collec
tively called the “Property” or
the “Premises”):
A. ALL THAT TRACT OR
PARCEL OF LAND lying
and being in GMD 245,
Jackson County, Georgia,
Being Lot 2 of Lake Vista
Estates Subdivision, as per
plat recorded in plat book
68, pages 17-18, Jackson
County, Georgia Records,
which plat is incorporated
herein by reference and
made a part hereof, (the
“Land”)
B. TOGETHER WITH, all
of the following: All build
ings, improvements, and
tenements now or hereafter
erected on the Property; and
all heretofore or hereafter
vacated alleys and streets
abutting the property, and
all easements, rights, appur
tenances, rents, royalties;
mineral, oil and gas rights
and profits, water, water
rights, and water stock
appurtenant to the property,
and all fixtures, machinery,
equipment, engines, boilers,
incinerators, building materi
als, appliances and goods
of every nature whatsoever
now or hereafter located
in, or on, used, or intended
to be used in connection
with the property, including,
but not limited to, those for
the purposes of supplying
or distributing heating, cool
ing, electricity, gas, water,
air and light; and all eleva
tors, and related machinery
and equipment, fire preven
tion and extinguishing appa
ratus, security and access
control apparatus, plumbing,
bath tubs, water heaters,
water closets, sinks, ranges,
stoves, refrigerators, dish
washers, disposals, wash
ers, dryers, awnings, storm
windows, storm doors,
screens, blinds, shades, cur
tains and curtain rods, mir
rors, cabinets, paneling, rugs,
attached floor coverings, fur
niture, pictures, antennas,
trees and plants, and any
and all other personal prop
erty owned by Mortgagor/
Borrower and located in, or
on, or used in connection
with the above-described
real property and improve
ments thereon, and together
with the following items: util
ity deposits, unearned pre
miums, accrued, accruing or
to accrue under insurance
policies covering the Project
and all proceeds of any con
version of the “Property”
(as defined in the Security
Deed), or any part thereof
including, without limita
tion, proceeds of hazard
and title insurance and all
awards and compensations
for the taking by eminent
domain, condemnation or
otherwise, of all or any part
of the Property or any ease
ment therein: all of which,
including replacements and
additions thereto, shall be
deemed to be and remain a
part of the Property covered
by the Security Deed.
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other
possible events of default,
failure to pay the indebted
ness as and when due and
in the manner provided in
the Promissory 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 provided in the Security
Deed and by law, includ
ing attorneys fees (notice
of intent to collect attorneys
fees having been given).
Said property will be sold
subject to the following:
1. All taxes and assess
ments outstanding, including
those which are a lien not
yet due and payable.
2. Laws and regulations
of governmental authorities
applicable to the Property
including, without limitation,
zoning.
3. The exact location of
boundary lines, unrecord
ed easements, possible
encroachments and other
facts or conditions which
would be disclosed by an
accurate survey and inspec
tion of the Property; and
rights, if any, of persons
who may be in possession
under claims not appearing
of record.
4. Any other matters which
might be disclosed by an
accurate survey and inspec
tion 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 con
firmation and audit of the
status of the loan with the
Holder of the Security Deed.
The entity that has full
authority to negotiate,
amend and modify all terms
of the mortgage with the
Debtor is: Alan Long, 445
Hamilton Avenue, Suite
1102, New York, NY, 10601;
Phone: (914) 358-0034.
The secured creditor is not
required by law to negotiate,
amend, or modify the terms
of the mortgage instrument.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the Note secured by
said Deed.
To the best knowledge and
belief of the undersigned,
the party in possession of
the property is Boleman
Construction Company, LLC,
and said property is more
commonly known as 38
Overlook Drive, Jefferson,
Georgia 30549-4601.
BMR FUNDING, LLC
As Attorney-in-Fact for T.
Boleman Company, LLC
Dylan W. Howard
Baker, Donelson,
Bearman, Caldwell &
Berkowitz, PC.
3414 Peachtree Road,
Suite 1600
Atlanta, Georgia 30326
Phone: (404) 577-6000
(DC10,17,24,31P4)
gpnll
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.
By virtue of the Power of
Sale contained in a Security
Deed given by JACKSON
COUNTY INVESTMENT
VENTURES, LLC to
FREEDOM BANK OF
GEORGIA, dated June 30,
2006, recorded in Deed
Book 44-W, Pages 63-72,
Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note dated October 1,
2007, in the original principal
amount of $1,400,000.00,
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
January, 2009, the following
described property:
ALL THAT TRACT OR
PARCEL OF LAND, together
with all improvements there
on, situate, lying and being in
the 245th and 248th District,
G.M., Jackson County,
Georgia, being Tract One,
containing 17.000 acres,
more or less, and Tract Two,
containing 16.993 acres,
more or less, as shown on
a plat of recorded in Plat
Book 51, Page 190, Jackson
County, Georgia Records;
which plat and the recording
thereof are hereby incorpo
rated herein by reference for
a more detailed description
of the property.
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other
possible events of default,
failure to pay the indebted
ness 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 provided in Security Deed
and by law, including attor
ney’s fees (notice of intent to
collect attorney’s fees hav
ing 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 matters which might be
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zon
ing ordinances, restrictions,
covenants, and matters
of record superior to the
Security Deed first set out
above.
As required by § 44-14-
162.2 (a) of the Official Code
of Georgia Annotated, you
are hereby notified that the
individual who has full author
ity to negotiate, amend and
modify all terms of the mort
gage instrument referred
above is Ronnie Silva of
Freedom Bank of Georgia,
1057 Winder Highway,
Jefferson, GA 30549. He
can be reached at telephone
number (706) 367-4300.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Jackson County
Investment Ventures, LLC,
or a tenant or tenants, and
said property is more com
monly known as disclosed in
the description herein 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 con
firmation and audit of the
status of the loan with the
holder of the security deed.
Freedom Bank of Georgia
as Attorney in Fact for
Jackson County Investment
Ventures, LLC
Samuel L. Chesnutt as
Attorney at Law for Freedom
Bank of Georgia
Strickland, Chesnutt &
Lindsay, LLP
650 Oglethorpe Avenue,
Suite 1
Athens, Georgia 30606
Our file no. A08-544J
(DC10,17,24,31B/S87-60)
gpnll
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.
By virtue of the Power of
Sale contained in a Security
Deed given by JACKSON
COUNTY INVESTMENT
VENTURES, LLC to
FREEDOM BANK OF
GEORGIA, dated May 24,
2005, recorded in Deed
Book 39-L, Pages 667-672,
Jackson County, Georgia
Records, conveying the
after-described property to
secure a Note dated October
1,2007, in the original princi
pal amount of $579,800.00,
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
January, 2009, the following
described property:
Parcel I:
ALL THAT TRACT OR
PARCEL OF LAND, situ
ate, lying and being in the
245th and 248th District,
G.M., Jackson County,
Georgia, designated as
Tract 18, Jackson Trail
Farms Subdivision, contain
ing 7.14 acres, more or less,
as shown on a plat of sur
vey entitled, “Closing Plat for
Chue Chang, Youa Her, Chou
Chang and Tong Mouz,” pre
pared by W. T. Dunahoo and
Associates, Inc., certified by
W. T. Dunahoo, GRLS No.
1577, dated September 28,
1994, and recorded in Plat
Book 42, Page 169, revised
at Plat Book 52, Page 280,
Jackson County, Georgia
records; which plat and the
recording thereof are hereby
incorporated herein by ref
erence for a more detailed
description of the property.
Also known as 4258
Jackson Trail Road,
Jefferson, GA 30549,
according to the present sys
tem of numbering houses in
Jackson County, Georgia.
Parcel II:
ALL THAT TRACT OR
PARCEL OF LAND, situate,
lying and being in the 245th
and 248th District, G.M.,
Jackson County, Georgia,
designated as Tract 19, con
taining 18.91 acres, more
or less, as shown on a plat
of survey recorded in Plat
Book 22, Page 48, Jackson
County, Georgia records;
which plat and the recording
thereof are hereby incorpo
rated herein by reference for
a more detailed description
of the property.
Also known as 444
Whipoorwill Drive,
Jefferson, GA 30549,
according to the present sys
tem of numbering houses in
Jackson County, Georgia.
Parcel III:
ALL THAT TRACT OR
PARCEL OF LAND, situate,
lying and being in the 245th
and 248th District, G.M.,
Jackson County, Georgia,
designated as Farm No. 16,
containing 8.57 acres, more
or less, as shown on a plat
of survey recorded in Plat
Book 22, Page 48, Jackson
County, Georgia records;
which plat and the recording
thereof are hereby incorpo
rated herein by reference for
a more detailed description
of the property.
Also known as 4336
Jackson Trail Road,
Jefferson, GA 30549,
according to the present sys
tem of numbering houses in
Jackson County, Georgia.
Parcel IV:
ALL THAT TRACT OR
PARCEL OF LAND, situate,
lying and being in the 245th
and 248th District, G.M.,
Jackson County, Georgia,
designated as Farm No. 17,
as shown on a plat of survey
recorded in Plat Book 22,
Page 48, Jackson County,
Georgia Records, which plat
and the recording thereof
are hereby incorporated
herein by reference for a
more detailed description of
the property.
Also known as 4298
Jackson Trail Road,
Jefferson, GA 30549,
according to the present sys
tem of numbering houses in
Jackson County, Georgia.
LESS AND EXCEPT from
the four parcels described
above:
ALL THAT TRACT OR
PARCEL OF LAND, situate,
lying and being in the 245th
and 248th District, G.M.,
Jackson County, Georgia,
being Lots 5, 9, 15, 16, 17,
18, 19, 20, 22, 23, 24, 25,
26, 27, 28, 29, 33, 34, 35, 37,
38, 39, and 40, Phase One,
of Olde Trail Subdivision, as
per plat thereof recorded in
Plat Book 68, pages 47-49,
Jackson County, Georgia
records, which plat and the
recording thereof are hereby
incorporated herein by ref
erence for a more detailed
description of the property.
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other
possible events of default,
failure to pay the indebted
ness 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 provided in Security Deed
and by law, including attor
ney’s fees (notice of intent to
collect attorney’s fees hav
ing 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 matters which might be
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zon
ing ordinances, restrictions,
covenants, and matters
of record superior to the
Security Deed first set out
above.
As required by § 44-14-
162.2 (a) of the Official Code
of Georgia Annotated, you
are hereby notified that the
individual who has full author
ity to negotiate, amend and
modify all terms of the mort
gage instrument referred
above is Ronnie Silva of
Freedom Bank of Georgia,
1057 Winder Highway,
Jefferson, GA 30549. He
can be reached at telephone
number (706) 367-4300.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Jackson County
Investment Ventures, LLC,
or a tenant or tenants, and
continued on following page