Newspaper Page Text
WEDNESDAY, DECEMBER 10, 2008
THE JACKSON HERALD
PAGE 21C
Public Notices Continued
erty address of 6009
Holly Springs Road,
Pendergrass, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants or restrictions, liens,
and other superior matters
of record which may affect
said property.
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.
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 Debra
Moore and the proceeds of
said sale will be applied to
the payment of said indebt
edness, the expense of said
sale, all as provided in said
deed, and the undersigned
will execute a deed to the
purchaser as provided in
the aforementioned Security
Deed.
Deutsche Bank National
Trust Company as Trustee
for the MLMI Trust Series
2007-MLN1 Attorney in Fact
for Debra Moore
Anthony DeMarlo,
Atto rn ey/i s h effi e I d
McCurdy & Candler,
L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25314 /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.
(DC10,17,24,31 B/1325-50)
gpnll
Notice of Sale
Notice of Sale Under Power 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 from GARY HARRIS
and STEPHANIE HARRIS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. in the original principal
amount of $144,500.00 dated
05/22/2006, and recorded in
Deed Book 44-A, Page 146,
Jackson County Records,
said Security Deed being last
transferred and assigned to
CitiMortgage, Inc., the under
signed will sell at public out
cry to the highest bidder for
cash before the Courthouse
door in said County, during
the legal hours of sale, on
the first Tuesday of January,
2009, by CitiMortgage, Inc.,
as Attorney-in-Fact for Gary
Harris and Stephanie Harris
the following described prop
erty:
All that tract or parcel of
land, situate, lying and being
the 245th District, G.M. in
the city of Arcade, Jackson
County, Georgia, containing
1.651 acres, more or less,
being Lot 8 of Hightower
Forest Subdivision, as
shown on a plat of survey for
Danny R. Phillips, prepared
by Venable & Associates,
Inc. certified by Allen L.
Venable, GRLS No. 1781,
dated October 20, 1996, and
recorded in the Office of the
Clerk of the Superior Court
of Jackson County, Georgia
in Plat Book 49, Page 7
which plat and the record
ing thereof are by reference
incorporated herein for a
more complete and detailed
description.
All that tract or parcel of
land, situate, lying and being
in the 245th District, G.M. in
the city of Arcade, Jackson
County, Georgia, containing
1.71 acres, more or less,
being Lot 9 of Hightower
Forest Subdivision, Unit 1,
as shown on a plat of sur
vey entitled “Final Plan for
Hightower Forest, Unit 1”,
prepared by W.T. Dunahoo
& Associates, Inc. certified
by W.T Dunahoo, GRLS No.
1577, dated February 12,
1988, and recorded in the
Office of the Clerk of the
Superior Court of Jackson
County, Georgia in Plat Book
29, Page 59 which plat and
the recording thereof are by
reference incorporated here
in for a more complete and
detailed description.
Property known as: 157
Hightower Trail, Jefferson,
GA 30549
The indebtedness secured
by said Deed to Secure Debt
having been declared due
and payable because of
default in the payment of the
indebtedness secured there
by, this sale will be made
for the purposes of paying
the same and all expenses
of sale, including attorney’s
fees, (notice having been
given as provided by law).
The property will be sold
as the property of The
Aforesaid Grantors subject
to the following:
(1) all prior restrictive cov
enants, easements, rights-
of-way or encumbrances; (2)
all valid zoning ordinances;
(3) matters which would be
disclosed by an accurate
survey of the property; (4)
the outstanding ad valorem
taxes and assessments, if
any; (5) unpaid water and
sewage bills, that constitute
liens against the property,
whether due and payable
or not yet due and payable;
and (6) matters of record
superior to the security deed
first set out above.
Pursuant to O.C.G.A.
Section 44-14-162.2 the
name of the person or entity
who has the full authority to
negotiate, amend, or modify
the terms of the aforemen
tioned indebtedness is:
CitiMortgage, Inc., 4050
Regents Blvd., Irving, TX
75063, PHONE: 866-450-
3172
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend
or modify said indebted
ness.
To the best of the under
signed’s knowledge and
belief, the party in posses
sion is Gary Harris and
Stephanie Harris.
CitiMortgage, Inc., as
Attorney-in-fact for Gary
Harris and Stephanie Harris.
This law firm is acting as
a debt collector attempt
ing to collect a debt, any
information obtained will
be used for that purpose.
Pendergast & Jones, PC.
South Terraces, Suite
1000
115 Perimeter Center
Place
Atlanta, GA 30346
770-392-0303
(DC10,17,24,31B/224-70)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed by
JOHN E. HADDOCK and
MARY K. HADDOCK to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated January 26,
2006, in the amount of
$164,000.00, and recorded in
Deed Book 42-L, Page 216,
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 indebted
ness due and payable and
pursuant to the power of
sale contained in said deed,
will on the first Tuesday in
January, 2009, during the
legal hours of sale, at the
Courthouse door in Jackson
County, sell at public out
cry 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, Jackson
County, Georgia, being Lot
47, Meadowcreek Farms
Subdivision, Phase II, as per
Plat recorded in Plat Book
60, Pages 213-215, Jackson
County, Georgia Records,
which Plat is incorporated
herein and made a part
hereof by this reference.
Said property being com
monly known as 104 Birch
Field Drive, Jefferson, GA
30549 according to the pres
ent system of numbering in
Jackson County, Georgia.
which has the property
address of 104 Birch Field,
Jefferson, Georgia, togeth
er with all fixtures and other
personal property conveyed
by said deed.
The sale will be held sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants or restrictions, liens,
and other superior matters
of record which may affect
said property.
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.
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 John
E. Haddock and Mary K.
Haddock and the proceeds
of said sale will be applied to
the payment of said indebt
edness, the expense of said
sale, all as provided in said
deed, and the undersigned
will execute a deed to the
purchaser as provided in
the aforementioned Security
Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for John
E. Haddock and Mary K.
Haddock
Anthony DeMarlo,
Attorney/cyeats
McCurdy & Candler,
L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22208 /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.
(DC10,17,24,31B/1325-S0)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power
of sale contained in
a Security Deed from
DAVID A. VAUGHAN and
DEBRA D. VAUGHAN, to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated March 10, 2006,
and recorded in Deed Book
43-M, Pages 299-319, and
last transferred and assigned
to Branch Banking and
Trust Company (“BB&T”)
by assignment recorded
on November 5, 2008, at
Deed Book 530, Page 424,
Jackson County Records,
there will be sold at public
outcry for cash to the highest
bidder before the Courthouse
doors of said county during
the legal hours of sale on
the first Tuesday in January,
2009, by BB&T, as Attorney-
in-Fact for David A. Vaughan
and Debra D. Vaughan, the
following described property,
to-wit:
All that tract or parcel of
land lying and being in the
242 and 245 District, GM,
Jackson County, Georgia,
Tract 4, containing 13.944
acres, as per plat of survey
prepared for K & G Farms
- Unit Two by Cornerstone
Land Surveyors, Georgia
Registered Surveyor, dated
November 19, 1997 and
recorded in the Office of the
Clerk of the Superior Court of
Jackson County, Georgia, in
Plat Book 50, Page 96, said
plat as recorded, is here
by referenced for a more
detailed description of said
property, subject to existing
easements for public roads
and utilities now in use.
The indebtedness secured
by said Security Deed hav
ing been declared due and
payable because of default
in the payment of the indebt
edness secured thereby, this
sale will be made for the
purpose of paying the same
and all expenses of the sale,
including attorney’s fees,
notice of intention to collect
attorney’s fees having been
given as provided by law.
Gloria Smith, phone number
864-242-8626, Chasity Cox,
phone number 864-242-
8416 and Natasha Edwards,
phone number 864-242-
8612, are the names of the
individuals at BB&T who
have full authority to negoti
ate, amend, and modify all
terms of the mortgage with
the debtor, and their address
is BB&T, 301 College Street,
Greenville, South Carolina
29601.
The property will be sold
as the property of David
A. Vaughan and Debra D.
Vaughan subject to the fol
lowing: (1) all prior restric
tive covenants, easements,
right-of-ways, or encum
brances; (2) all valid zon
ing ordinances; (3) matters
which would be disclosed
by an accurate survey of the
property; (4) all outstanding
taxes, assessments, unpaid
bills, charges and expenses
that constitute liens against
the property, whether due
and payable or not yet due
and payable, and matters
of record superior to the
Security Deed first set out
above.
To the best of the under
signed’s knowledge and
belief, the party in posses
sion is David A. Vaughan
and Debra D. Vaughan, a
tenant or tenants, or parties
claiming under the afore
mentioned and said property
is more commonly known
as 4489 Jefferson River
Road, Jefferson, Georgia
30549.
Branch Banking & Trust
Co. as Attorney in Fact for
David A. Vaughan and Debra
D. Vaughan
Gregory M. Eells
Attorney at Law
Eells Law Group, LLC
Suite 181 - The Oglethorpe
Bldg.
2971 Flowers Road South
Atlanta, Georgia 30341
(770) 455-3660
THELAWFIRMISACTING
AS A DEBT COLLECTOR
ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(DC10,17,24,31P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of Power of Sale
contained in Deed to Secure
Debt from JAMES BAILEY
AND MALROSE BAILEY,
hereinafter GRANTORS,
in favor of AMERICAN
GENERAL FINANCIAL
SERVICES, INC., dated
the 25th day of January,
2006, and recorded the 6th
day of February, 2006, in
Deed Book42-M, Page 350,
Jackson County, Georgia
Records; said Deed to
Secure Debt being given to
secure a Promissory Note of
even date in the original prin
cipal amount of FIFTY EIGHT
THOUSAND SEVENTY
TWO AND 63/100THS
DOLLARS ($52,072.63),
with interest from date as
stated therein, 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 JANUARY,
2009, the following described
property:
All that tract or parcel of
land containing 2.00 acres,
more or less, lying and being
in the 245th District, G.M.,
Jackson County, Georgia,
and described on a plat
of survey recorded in Plat
Book 21, Page 131, of the
records in the Office of the
Clerk of the Superior Court
of Jackson County, Georgia,
and entitled, “Boundary
Survey for Jackson County
Board of Education”.
The debt secured by said
Deed to Secure Debt has
been and is hereby declared
due because of, among
other possible events of
default, non-payment of the
monthly installments on 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, including attorney’s
fees. Said property will be
sold subject to any outstand
ing ad valorem taxes, spe
cial assessments, unpaid
utility bills constituting liens
against the property, and all
Deeds to Secure Debt, liens
and encumbrances existing
when the above-described
Deed to Secure Debt was
filed for record. To the best
of the undersigned’s knowl
edge, information and belief,
equitable title to this property
is held by JAMES BAILEY
AND MALROSE BAILEY.
This property is located
at 289 Gordon Street,
Jefferson, GA 30549.
AMERICAN GENERAL
FINANCIAL SERVICES,
INC. as Attorney in Fact
for the above-named
GRANTORS
AMERICAN GENERAL
FINANCIAL SERVICES,
INC.
by Robert W. Broome,
Attorney
1800 Peachtree Street,
NW, Suite 445
Atlanta, Georgia 30309
404-350-8349
(DC10,17,24,31B/1331-40T4P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, Jackson County
By virtue of the power of
sale contained in that certain
Deed to Secure Debt and
Security Agreement from
ROYCE HOMES-ATLANTA,
L.L.C., a Delaware limited lia
bility company (“Borrower”),
to RBC Bank (USA), a North
Carolina banking corpo
ration, formerly known as
RBC CENTURA BANK, a
North Carolina banking cor
poration (“Lender”), dated
January 16, 2007, filed for
record January 18, 2007,
recorded in Deed Book
47-F, Page 49, Jackson
County, Georgia Records
(the “Deed to Secure Debt”),
said Deed to Secure Debt
having been given to secure
(i) a Promissory Note made
by Royce Homes, L.P., a
Delaware limited partner
ship (“Royce Homes LP”),
and Royce Homes-Phoenix,
L.L.C., a Delaware limited
liability company (“Royce
Homes-Phoenix”), to
Franklin Bank, SSB, a Texas
state savings bank (“Franklin
Bank”), dated January 20,
2006, in the original prin
cipal sum of SIXTEEN
MILLION DOLLARS
($16,000,000.00), as
assumed by Borrower pur
suant to that certain Note
Modification Agreement
dated January 10, 2007,
executed by Royce Homes
LP, Royce Homes-Phoenix,
Borrower, Royce Homes-
North Carolina, L.L.C., a
Delaware limited liability
company (“Royce Homes-
North Carolina”) and Franklin
Bank, as further amended
by that certain First Allonge
To Note dated October 12,
2007, by and among Royce
Homes LP, Royce Homes-
Phoenix, Royce Operating,
LP, a Delaware limited part
nership (“Royce Operating”),
Borrower, Royce Homes-
North Carolina and Franklin
Bank, and as further amend
ed by that certain Second
Allonge To Note dated July
16, 2008, by and among
Royce Homes LP, Royce
Homes-Phoenix, Royce
Operating, Borrower, Royce
Homes-North Carolina,
and Franklin Bank, (ii) a
Promissory Note made
by Royce Homes LP, and
Royce Homes-Phoenix to
Lender, dated January 20,
2006, in the original princi
pal sum of Nineteen Million
Dollars ($19,000,000.00), as
assumed by Borrower pur
suant to that certain Note
Modification Agreement
dated January 10, 2007,
executed by Royce Homes
LP, Royce Homes-Phoenix,
Royce Homes-North
Carolina, Borrower, and
Lender, as further amended
by that certain First Allonge
To Note dated October 12,
2007, by and among Royce
Homes LP, a Delaware
limited partnership, Royce
Homes-Phoenix, Royce
Operating, Royce Homes-
North Carolina, Borrower,
and Lender, and as further
amended by that certain
Second Allonge To Note
dated July 16, 2008, by
and among Royce Homes
LP, Royce Homes-Phoenix,
Royce Operating, Royce
Homes-North Carolina,
Borrower, and Lender, and
(iii) a Promissory Note made
by Royce Homes LP, and
Royce Homes-Phoenix, to
Royal Bank of Canada, a
Canadian chartered bank,
dated January 20, 2006,
in the original principal
sum of Five Million Dollars
($5,000,000.00), asassumed
by Borrower pursuant to that
certain Note Modification
Agreement dated January
10, 2007, executed by Royce
Homes LP, Royce Homes-
Phoenix, Royce Homes-
North Carolina, Borrower,
and Royal Bank of Canada,
a Canadian chartered bank,
as further amended by that
certain First Allonge To Note
dated October 12, 2007, by
and among Royce Homes
LP, Royce Homes-Phoenix,
Royce Operating, Royce
Homes-North Carolina,
Borrower, and Royal Bank
of Canada, a Canadian
chartered bank, and as fur
ther amended by that cer
tain Second Allonge To Note
dated July 16, 2008, by
and among Royce Homes
LP, Royce Homes-Phoenix,
Royce Operating, Royce
Homes-North Carolina,
Borrower, and Royal Bank of
Canada, a Canadian char
tered bank (collectively, as
amended and assumed, the
“Notes”), with interest from
said dates at the rates stated
in said Notes on the unpaid
balance until paid, there
will be sold by the under
signed 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
January, 2009, the following
described real property (the
“Land”):
All that tract or parcel
of land lying and being in
G.M.D. 248 of Jackson
County, Georgia, being
more particularly described
on that certain subdivision of
Charlotte Estates, being Lots
16,17,18,19,47,48,49 and
93, recorded at Plat Book
68, Pages 211-220, Jackson
County, Georgia Records.
TOGETHER WITH the
following personal property,
whether now owned or here
after acquired by Borrower:
(a) all buildings, structures
and other improvements of
every kind and nature what
soever now or hereafter situ
ated on the Land; and all
machinery, equipment, fix
tures, appliances and build
ing construction, develop
ment and landscaping sup
plies and materials now or
hereafter placed on or in the
Land; and all of the things
addressed in this paragraph
(a) , whether generally or
specifically, shall be deemed
to be fixtures and acces
sions to the freehold and a
part of the Land as between
the parties to the Deed to
Secure Debt and all per
sons claiming by, through,
or under either of them; and
(b) all and singular the ease
ments, rights-of-way, strips
and gores of land, streets,
ways, alleys, passages,
sewer rights, waters, water
courses, water rights and
powers, estates, rights, titles,
interests, minerals, royalties,
privileges, liberties, tene
ments, hereditaments and
appurtenances whatsoever,
in any way now or here
after belonging, relating or
appertaining to the Land or
the improvements now or
hereafter located thereon,
or any part thereof, wheth
er now owned or hereafter
acquired by Borrower, and
the reversion or reversions,
remainder and remainders,
rents, issues and prof
its thereof; and all right to
receive excess payments in
any tax sale of the Land and
the improvements now or
hereafter located thereon, or
any part thereof; and all the
estate, right, title, interest,
claim and demand whatso
ever of Borrower of, in and
to the same; and (c) any and
all rents which are now due
or may hereafter become
due by reason of the renting,
leasing and bailment of the
Land or the improvements
now or hereafter located
thereon, or any part thereof;
and (d) any and all awards
or payments, including inter
est thereon, and the right to
receive the same, as a result
of (i) the exercise of eminent
continued on following page