Newspaper Page Text
WEDNESDAY, JANUARY 7, 2009
THE JACKSON HERALD
PAGE 21C
Public Notices Continued
THOUSAND AND 0/100
DOLLARS ($100,000.00),
with interest thereon as set
forth therein, there will be sold
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 February, 2009, the
following described property:
SEE EXHIBIT A ATTACHED
HERETO AND MADE A PART
HEREOF
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 indebtedness as and when
due and in the manner pro
vided 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
attorneys fees (notice of intent
to collect attorneys 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 assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of
record superior to the Security
Deed first set out above.
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, Columbus,
OH 43219, 800-446-8939.
Please understand that the
secured creditor is not required
by law to negotiate, amend, or
modify the terms of the mort
gage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Matthew L. Russo
and Cheran Bodry or a tenant
or tenants and said property
is more commonly known as
2724 Old Kings Bridge Road,
Nicholson, Georgia 30565.
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.
Chase Home Finance LLC
as Attorney in Fact for Matthew
L. Russo and Cheran Bodry
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 2/3/09
Our file no. 51984908-FT7
EXHIBIT A
All that tract or parcel of
land, situate, lying and being
in the 1704th District, G.M.,
Jackson County, Georgia, and
being more particularly shown
and described as Tract 1-A
containing 4.119 AC, on a Plat
of Survey entitled “Survey for:
Tom Beck & Jimmy Barnett”,
prepared by Cornerstone Land
Surveying, James R. Smith,
R.L.S., dated May 12, 1998,
and recorded in Plat Book 52,
Page 200, Jackson County,
Georgia, Public Records, which
Plat of survey and the record
thereof are hereby incorpo
rated into this description and
made a part thereof by refer
ence thereto.
(JA7,14,21.28B/12062-60T1P)
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.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
ANGELA D. ROBINSON to
BANK OF AMERICA, NA,
dated January 15, 2002,
recorded in Deed Book 25-M,
Page 176, Jackson County,
Georgia Records, conveying
the after-described property to
secure a Note in the origi
nal principal amount of ONE
HUNDRED ONE THOUSAND
SIX HUNDRED TWENTY-
NINE AND 0/100 DOLLARS
($101,629.00), with interest
thereon as set forth therein,
there will be sold at public out
cry 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
February, 2009, the following
described property:
All that tract or parcel of land
lying and being in GMD 1765
of Jackson County, Georgia,
and being Lot 38, Block “A”,
The Vineyards Subdivision,
Phase I, according to plat
recorded in Plat Book 39, Page
77 Jackson County, Georgia
Records, which plat is incorpo
rated herein by reference.
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 indebtedness as and when
due and in the manner pro
vided 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
attorneys fees (notice of intent
to collect attorneys fees having
been given).
Bank of America can be
contacted at 800-285-6000 or
by writing to 4161 Piedmont
Parkway, Greensboro, NC
27410-8110, to discuss possi
ble alternatives to foreclosure.
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 assess
ments, liens, encumbrances,
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 Angela D. Robinson
or a tenant or tenants and said
property is more commonly
known as 452 Reisling Drive,
Braselton, Georgia 30517.
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.
Bank of America, NA as
Attorney in Fact for Angela D.
Robinson
Morris, Schneider, Prior,
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/pxs 2/3/09
Our file no. 11820408-FT8
(JA7,14,21,28B/12062-S0T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of a default in
the payment of the indebt
edness secured by a
Security Deed executed by
ROBERT F. MCGRATH and
SARAH K. MCGRATH to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated May 25, 2004,
and recorded in Deed Book
34-W, Page 519, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to The Bank of New
York Mellon Trust Company,
National Association fka
The Bank of New York Trust
Company, N.A. successor to
JPMorgan Chase Bank N.A.,
by Assignment securing a Note
in the original principal amount
of $292,000.00, the holder
thereof pursuant to said Deed
and 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,
February 3, 2009, 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 the following described
property:
All that tract or parcel of
land lying and being in the
248 G.M.D., Jackson County,
Georgia, designated as Lot 41
in River Plantations Subdivision
as shown on plat and sur
vey by Patton, Patton, Inc.
Surveyors, dated August 10,
1998, recorded in the Office
of the Clerk of Superior Court
of Jackson County, Georgia,
in Plat Book 50, at Page 194.
For a more detailed descrip
tion to said tract, reference is
hereby made to said plat as
recorded. Subject to protective
covenants for River Plantations
Subdivision recorded in Deed
Book 18-E, at Page 511, and
subject to existing easements
and right of way for public
roads and utilities now in use.
Said property is known
as 765 River Chase Drive,
Hoschton, GA 30548, togeth
er with all fixtures and personal
property attached to and con
stituting 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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 Robert
F. McGrath and Sarah K.
McGrath, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the pos
session of Robert F. McGrath
and Sarah K. McGrath, 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.
The Bank of New York Mellon
Trust Company, National
Association fka The Bank of
New York Trust Company, N.A.
successor to JPMorgan Chase
Bank N.A.
as Attorney-in-Fact for
Robert F. McGrath and Sarah
K. McGrath
File no. 08-008809
L. J. SWERTFEGER, JR.
SHAPIRO&SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(JA7,14,21,28B/1323-70T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt and Assignment of Rents
executed by ROYCE HOMES-
ATLANTA, L.L.C. (“Borrower”)to
WACHOVIA BANK, NATIONAL
ASSOCIATION, successor
by merger to SOUTHTRUST
BANK (“Lender”), dated March
20, 2007, and recorded in
the office of the Clerk of the
Superior Court of Jackson
County, Georgia in Deed Book
47-Z, Page 5 (the “Security
Deed”), the undersigned Lender
will sell at public outcry to the
highest bidder for cash before
the door of the Courthouse of
Jackson County, Georgia, dur
ing the legal hours of sale, on
the first Tuesday in February,
to wit: February 3, 2009, the
real property conveyed by the
Security Deed and described
in Exhibit A attached hereto
and by reference made a part
hereof (hereinafter collectively
referred to as the “Property”).
The debt secured by said
Security Deed is evidenced
by a Promissory Note made
by Borrower dated June 21,
2006, in the original principal
amount of $25,000,000.00, as
amended and renewed (the
“Note”), payable principal and
interest from the date thereof
at the rate of interest shown on
said Note on the unpaid bal
ance until paid.
Default has occurred in the
payment of the debt evidenced
by the Note and secured by the
Security Deed as a result of
the nonpayment by Borrower
of the indebtedness owed
thereunder as and when due.
Accordingly, the total balance
of said debt has been and
is hereby declared due and
the Security Deed foreclosable
according to its terms.
The debt remaining in
default, the Property will be
sold to the highest bidder for
cash, with the proceeds to
be applied to the payment of
said indebtedness, attorneys’
fees and the lawful expenses
of said sale, all as provided
in the Note and the Security
Deed. Lender has elected to
sell each of the lots compris
ing the Property individually.
The Property will be sold “as
is, where is” without recourse
and without representation or
warranty, express or implied,
of any nature whatsoever with
respect thereto and subject to
(i) any and all unpaid taxes and
assessments, (ii) any matters
which would be disclosed by
an accurate survey or by an
inspection of the Property, (iii)
any and all zoning ordinances
affecting the Property, (iv) all
outstanding bills for public utili
ties which constitute liens upon
the Property, (v) all covenants,
restrictions, easements, liens,
encumbrances and other mat
ters of record, if any, which
are superior to the lien of the
Security Deed, and (vi) existing
easements for utilities and road
right-of-ways that cross and/or
serve the Property.
The sale will be conducted
subject to (i) confirmation that
the sale is not prohibited under
the United States Bankruptcy
Code, and (ii) final confirmation
and audit of the status of the
loan with Lender.
The name, address and tele
phone number of the entity
which shall have full authority to
negotiate, amend, and modify
all terms of the Security Deed
with the Borrower is Wachovia
Bank, National Association, 301
South College Street, NC0166,
Charlotte, North Carolina
28288 (704-715-4663).
To the best of the under
signed Lender’s knowledge and
belief, Borrower is now in the
possession of the Property.
WACHOVIA BANK,
NATIONAL ASSOCIATION as
Agent and Attorney-in-Fact for
ROYCE HOMES-ATLANTA,
L.L.C.
Robert M. Trusty, Esq.
Seyfarth Shaw LLP
1545 Peachtree Street, N.E.
Suite 700
Atlanta, Georgia 30309
(404) 885-6708
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Exhibit A
ALL THAT TRACT OR
PARCEL OF LAND lying and
being in the GMD 248th of
Jackson County, Georgia being
more particularly described
on that certain Subdivision of
Charlotte Estates, being Lots
11, 12, 13, 14, 15, 91 and
92, recorded at Plat Book
68, Pages 211-220, Jackson
County, Georgia Records,
which plat is hereby referred
to and made a part of this
description.
TOGETHER WITH (i) all
buildings and improvements
now or hereafter erected on
the Property; (ii) all fixtures
attached to the Property or
any buildings or improve
ments situated thereon; (iii) all
estates, rights, tenements, her
editaments, privileges, rents,
issues, profits, easements and
appurtenances of any kind
benefiting the Property; (iv) all
means of access to and from
the Property, whether public or
private; and (v) all water and
mineral rights.
(JA7,14,21,28)
gpnll
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 Security Deed
executed by BENJAMIN H.
DILLARD III and STACEY LYNN
DILLARD to NEW CENTURY
MORTGAGE CORPORATION
dated December 19, 2005,
and recorded in Deed Book
42-A, Page 345, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to US Bank National
Association, as Trustee for
Securitized Asset Backed
Receivable LLC Trust, 2006-
NC1, by Assignment securing
a Note in the original princi
pal amount of $136,000.00,
the holder thereof pursuant to
said Deed and 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, February 3, 2009,
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 City of
Jefferson in the 245th GMD,
Jackson County, Georgia, being
Lot 11, Block C of Jefferson
Walk West, Unit One, as per
plat recorded in Plat Book 62,
Page 80, Jackson County,
Georgia Records, which plat
is incorporated herein by refer
ence and made a part hereof.
Said property is known as
247 Liberty Drive, Jefferson,
GA 30549, together with all
fixtures and personal property
attached to and constituting 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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 Benjamin
H. Dillard III and Stacey Lynn
Dillard, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Benjamin H. Dillard, III
and Stacy Lynn Dillard , 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.
US Bank National
Association, as Trustee for
Securitized Asset Backed
Receivable LLC Trust, 2006-
NC1 as Attorney-in-Fact for
Benjamin H. Dillard III and
Stacey Lynn Dillard
File no. 08-008738
L. J. SWERTFEGER, JR.
SHAPIRO&SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(JA7,14,21,28B/1323-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
By virtue of a Power of Sale
contained in that certain Deed
to Secure Debt from JANIE
E. COX and LESLIE J. COX
to CONSECO FINANCE
SERVICING CORP. nka
GREEN TREE SERVICING,
LLC, dated February 2, 2000,
and recorded in Deed Book
20-W, Page 280, in the Office
of the Clerk of Superior Court
of Jackson County, Georgia,
said Deed to Secure Debt
having been given to secure
a Note dated, February 2,
2000, in the original principal
amount of ONE HUNDRED
FIFTY SEVEN THOUSAND
NINE HUNDRED EIGHTY
AND 84/100 DOLLARS
($157,980.84) with interest
thereon as provided therein,
will be sold at public outcry
to the highest bidder for cash
before the Courthouse door of
Jackson County, Georgia, with
in the legal hours of sale on
the first Tuesday of February
2009, regarding the following
described property:
All that tract or parcel of
land lying and being in the
245th G.M.D., Jackson County,
Georgia, being Lot 16 and Lot
17, Unit 4, of Curry Creek
Meadows Subdivision, accord
ing to a plat recorded in Plat
Book 50, Page 126, Jackson
County records and incorpo
rated herein; being a portion of
the property conveyed by deed
recorded in Deed Book 16Q,
Page 529, said records.
Also conveyed herewith is
a 1999 Palm Harbor 32 x 76
manufactured home, Serial
Number PH1410611, which is
permanently attached to and
made a part of the real prop
erty.
Said property is common
ly known as 133 Azalea Dr.,
Jefferson, GA 30549.
The indebtedness secured
by said Deed to Secure
Debt has been and is here
by declared due because of
default under the terms of said
Deed to Secure Debt and Note,
including but not limited to the
nonpayment of the indebted
ness as and when due. The
indebtedness remaining in
default, this sale will be made
for the purpose of paying the
same, all expenses of the sale,
including attorney’s fees and
all other payments provided for
under the terms of the Deed to
Secure Debt and Note.
Said property will be sold
subject to the following items
which may effect the title of
said property; zoning ordi
nances, matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstanding
taxes, including but not limited
to ad valorem taxes, which
constitute liens upon said prop
erty; special assessments; all
outstanding bills for public utili
ties which constitute liens upon
said property; all restrictive
covenants, easements, rights-
of-way and any other matters
of record superior to said Deed
to Secure Debt. To the best of
the knowledge and belief of
the undersigned, the party in
possession of the property is
Janie E. Cox and Leslie J. Cox
or tenant(s).
Green Tree Servicing, LLC
as Attorney-in-Fact for Janie E.
Cox and Leslie J. Cox
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd.,
Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JA7,14,21,28P4)
gpnll
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 exe
cuted by DANIEL HAROLD
MCDONALD and HAROLD
MCDONALD to CAPITAL
MORTGAGE CORPORATION,
dated February 1, 2008, and
recorded 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 Book0052-D,
Pages 731-732, as assigned to
Capital Mortgage Corporation
per that certain Transfer and
Assignment recorded in Deed
Book 53-L, Page(s) 783-784,
Jackson County Records,
securing a Note in the original
principal amount of$99,213.28,
the holder thereof pursuant to
said Deed and 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 of February, 2009,
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 of said lot,
reference is hereby made to
said plat as recorded.
Also conveyeth 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 prop
erty.
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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 of 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
continued on following page