Newspaper Page Text
PAGE 18C
THE JACKSON HERALD
WEDNESDAY, DECEMBER 24, 2008
Public Notices Continued
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
State of Georgia, County of Jackson
By virtue ofthe powerofsale
contained in a Security Deed
from DAVID A. VAUGHAN
and DEBRAD. 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 ofthe 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 restrictive
covenants, easements, right-
of-ways, or encumbrances;
(2) all valid zoning ordinanc
es; (3) matters which would
be disclosed by an accurate
survey of the property; (4) all
outstanding taxes, assess
ments, 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)
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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 Book
42-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 princi
pal 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 prop
erty:
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
FINANCIALSERVICES, 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
(DC10,17,24,31 B/1331-40T4P)
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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 corpora
tion, formerly known as RBC
CENTURA BANK, a North
Carolina banking corporation
(“Lender”), dated January 16,
2007, filed for record January
18, 2007, recorded in Deed
Book47-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 principal
sum of SIXTEEN MILLION
DOLLARS ($16,000,000.00),
as assumed by Borrower
pursuant 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
AllongeTo 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 lim
ited 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), as assumed
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 char
tered bank, 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 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 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 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 spe
cifically, shall be deemed to
be fixtures and accessions to
the freehold and a part ofthe
Land as between the parties
to the Deed to Secure Debt
and all persons claiming by,
through, or under either of
them; and (b) all and singu
lar the easements, rights-of-
way, strips and gores of land,
streets, ways, alleys, pas
sages, sewer rights, waters,
water courses, water rights
and powers, estates, rights,
titles, interests, minerals,
royalties, privileges, liberties,
tenements, hereditaments
and appurtenances what
soever, in any way now or
hereafter 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 ofthe 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
domain, (ii) the alteration of
the grade of any street, or
(iii) any other injury to the
taking of, or decrease in the
value of the, the Land, or the
improvements now or here
after located thereon.
The debt secured by
said Deed to Secure Debt
has been accelerated and
declared due because of,
among other possible events
of default, non-payment
of monthly installments on
one or more of the Notes.
The Deed to Secure Debt
remaining in default, this sale
will be made for the purpose
of applying the proceeds
thereof to the payment of
the indebtedness secured by
the Deed to Secure Debt,
accrued interest thereon and
late charges, expenses of
the sale and all proceed
ings in connection therewith,
including attorneys’ fees as
provided in the Notes and
the Deed to Secure Debt,
notice of intention to collect
attorneys’ fees having been
given as provided by law,
and the remainder, if any,
shall be applied as provid
ed by law. Subject to the
right of Lender, which may
be exercised at any time, to
enter and take possession
of the Land, to the best of
the knowledge of Lender, the
above described Land is in
the possession of Borrower,
tenants of Borrower under
unrecorded leases, or other
persons in possession with
the consent or acquiescence
of Borrower.
Lender acts on behalf of
itself, Franklin Bank and
Royal Bank of Canada, a
Canadian chartered bank.
Said Land will be sold by
Lender as attorney-in-fact for
Borrower, subject to any and
all unpaid taxes and assess
ments, all prior leases, restric
tions, liens, encumbrances
and easements of record, if
any, having priority over the
Deed to Secure Debt.
RBC Bank (USA) as attor-
ney-in-fact for Royce Homes
-Atlanta, L.L.C.
Jason C. Kirkham, Esq.
Sutherland Asbill &
Brennan LLP
999 Peachtree Street,
Suite 2300
Atlanta, Georgia 30309
(404) 853-8000
(DC10,17,24,31P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Under and by virtue
of the power of sale con
tained in a Security Deed
from DANIEL WILSON to
UNITED COMMUNITY
BANK, dated July 18,
2006, recorded August 21,
2006, in Deed Book 45-E,
Page 290, Jackson County,
Georgia Records, as cross-
collateralized with that cer
tain Security Deed from Billy
Norris, dated July 18, 2006,
recorded August 21,2006, in
Deed Book 45-E, Page 293,
Jackson County, Georgia
Records, as modified by
Modification of Security
Deed dated October 31,
2007, recorded in Deed
Book 50-V, Page 274,
Jackson County, Georgia
Records, said Security Deed
being given to secure a Note
from BILLY NORRIS of even
date in the original principal
amount of ONE MILLION
SEVEN HUNDRED
TWO THOUSAND ONE
HUNDRED FORTY SIX
AND 00/100 ($1,702,146.00)
DOLLARS, as guaranteed by
Daniel Wilson, 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 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 prop
erty:
TRACT 1:
All that tract or parcel of
land lying and being in the
255th District, G.M., Jackson
County, Georgia, adjoining
lands of J.B. Wilson on the
east, S. Wilson on the west,
and L.J. Sharp on the south,
containing 47-3/10 acres,
more or less, bounded as
follows: Beginning at a rock
corner, thence south 67.76
west 15.07 to a rock cor
ner, thence south 27.75 east
15.25 to corner to branch,
thence down said branch to
rock corner, thence south
65 east, 2.06 to pine, south
47.50 east 1670 to walnut
stump corner, thence south
23.50 west 5.73 to branch,
thence up said branch to
a rock corner thence north
26.50 west 33.27 to the
beginning rock corner.
TRACT 2:
All that tract or parcel of
land lying and being in the
said county and state, on
the north fork of the Oconee
River, adjoining lands for
merly owned by E.M/
Dunson, Mercer Jackson
and Others, bounded as fol
lows: Beginning on a maple
on the east bank of said
river, thence south 75 east
8.00 to a pine corner, thence
south 65 east 13.80 to a pine
bush corner, thence south 49
1/2 east 16.70 to a walnut
corner, thence south 29 east
20.25 to a hickory corner,
thence south 60 west 39.30
to an iron rod corner on east
side of river, thence up to the
meandering of said river to
the beginning maple corner,
and containing 120.7 acres,
more or less.
The above two tracts being
the same property identified
as Tract 2 and Tract 3 in
that certain Commissioner’s
Deed recorded in Book 8-K,
Pages 795 and 796, Jackson
County Records.
TRACT 3:
That certain tract or par
cel of land containing 1.62
acres more or less and
being described as Tract 1 in
that certain plat recorded in
Book 12, Page 381, Jackson
County Records.
LESS AND EXCEPT:
All that tract or parcel of
land lying and being in the
255th District, G.M., Jackson
County, Georgia, and being
that 59.000 acres, more or
less, as more particularly
shown on a plat of survey
prepared for Daniel Wilson by
Ingram, Lord & Associates,
Registered Surveyor, dated
October 3, 2003, recorded
in Plat Book 68, Page 97, in
the office of the Clerk of the
Superior Court of Jackson
County, Georgia and incor
porated herein and made a
part hereof by reference for a
more detailed description.
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 the Security
Deed and by law, includ
ing attorney’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 matters which might be
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, easements, encum
brances, zoning ordinances,
restrictions, covenants, 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
property is DANIEL WILSON
or a tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact
for DANIEL WILSON
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite
8
Blue Ridge, Georgia
30513
(706) 632-7923
File No. 7490A-00143
(DC10,17,24,31B/16022-80T1P)
gpnll
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
BILLY NORRIS to UNITED
COMMUNITY BANK, dated
July 18, 2006, recorded
August 21, 2006, in Deed
Book 45-E, Page 293,
Jackson County, Georgia
Records, as modified by
Modification of Security Deed
dated October 31, 2007,
recorded in Deed Book 50-V,
Page 274, Jackson County,
Georgia Records, as cross-
collateralized with that cer
tain Deed to Secure Debt
from Daniel Wilson dated
July 18, 2006, recorded in
Deed Book 45-E, Page 290,
Jackson County, Georgia
Records, said Security
Deeds being given to secure
a Note from BILLY NORRIS
of even date, as modified,
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 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 lying and being in the
255th District, G.M., Jackson
County, Georgia, and being
continued on following page