Newspaper Page Text
WEDNESDAY, JANUARY 14, 2009
THE JACKSON HERALD
PAGE 11C
Public Notices Continued
shown by plat and survey
entitled “Final Plat for Eagles
Landing”, prepared by Venable
& Associates, Inc., GRLS No.
1761, dated December 15,
1998, recorded in Plat Book
50, Page 278, Jackson County,
Georgia Records; which plat
and the recording thereof are
hereby incorporated herein by
reference for a more detailed
description of the property.
Said property is known as
71 McEver Lane, Hoschton,
GA 30548, 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
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection 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 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 Stephan
T. Garmon and Tammy F.
Garmon, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Stephan T. Garmon
and Tammy F. Garmon, 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.
JPMorgan Chase Bank,
National Association as
Attorney-in-Fact for Stephan
T. Garmon and Tammy F.
Garmon
File no. 08-007780
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/BMB
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
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 CHERYL SOARES to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated November 6,
2003, recorded in Deed Book
32-M, Page 796, Jackson
County, Georgia Records, as
last transferred to SunTrust
Mortgage, Inc. by assign
ment to be recorded in the
Office of the Clerk of Superior
Court of Jackson County,
Georgia Records, conveying
the after-described property to
secure a Note in the origi
nal principal amount of ONE
HUNDRED TWO THOUSAND
SEVEN AND 0/100 DOLLARS
($102,007.00), 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
February, 2009, the following
described property:
SEE EXHIBIT A ATTACH ED
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 mat
ters which might be disclosed
by an accurate survey and
inspection 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 entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Suntrust Mortgage, Inc., 1001
Semmes Avenue, Richmond,
VA 23224, 866-384-0903.
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 Cheryl Soares
or a tenant or tenants and
said property is more com
monly known as 538 Dunson
Cemetary Road, Commerce,
Georgia 305230.
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.
SunTrust Mortgage, Inc.
as Attorney in Fact for Cheryl
Soares
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/kjf 2/3/09
Our file no. 5676208-FT2
EXHIBIT A
All that tract or parcel of land
lying and being in the 255th
G.M.D., Jackson County,
Georgia being designated as
Tract No. 2, containing 1.500
acres as shown on plat of
survey dated June 14, 2001,
prepared by Barry D. Lord,
Georgia R.L.S. No. 2641,
recorded in Plat Book 57,
Page 190, Jackson County,
Georgia Records, to which plat
reference is made for a more
detailed description.
Subject to any and all ease
ments, rights of ways, restric
tive covenants and public utili
ties of record.
This being the same property
as conveyed from Green Tree
Services, LLC f/k/a Conseco
Finance Servicing Corp. to
Capital Mortgage Corporation
by virtue of warranty deed
dated August 4, 2003, and
filed August 27, 2003, in Deed
Book 31-P, Page 280, Jackson
County, Georgia records.
(fA7,14,21,28B/12062-70T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia Jackson County
By virtue of the powers of
sale contained in that certain
Construction Deed to Secure
Debt and Security Agreement
from SIVICA HOMES-THE
TOWNSHIP AT MULBERRY
PARK, LLC to SUNTRUST
BANK dated April 4, 2006,
recorded April 27, 2006, in
Deed Book 43-P at Pages 507-
516, Jackson County, Georgia
Records (hereinafter “Security
Deed”), given to secure an
indebtedness as evidenced in
that certain Commercial Note
dated January 1, 2008, in
the original principal amount
of $429,200.00 (hereinafter
“Note”), with interest from said
date at the rate stated in said
Note on the unpaid balances
until paid, there will be sold
by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse
at Jackson County, Georgia,
within the legal hours of sale on
the first Tuesday in February,
2009, the property described
on Exhibit “A” attached hereto
and incorporated herein by
reference. The debt secured
by the Security Deed has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to make pay
ments on said Note and default
in payment of the obligations
secured by the 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,
including attorneys’ fees.
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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, easements, cov
enants, and matters of record
superior to the Security Deed
first set out above, including,
but not necessarily limited to,
senior encumbrances that will
not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned, the
Party in possession of the
property is Sivica Homes-The
Township at Mulberry Park
LLC, its heirs or assigns,
or a tenant or tenants, and
all or a portion of said real
property is more commonly
known as Lot 100, Township
at Mulberry Park, Jackson
County, Georgia; however,
please refer only to the legal
description for the location of
the property.
SunTrust Bank Attorney in
Fact for Sivica Homes-The
Township at Mulberry Park,
LLC
NEAL J. QUIRK, ESQ.
QUIRK & QUIRK, LLC
325 Century Springs West
6000 Lake Forrest Drive,
N. W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
Legal Description
All of that tract or parcel of
land lying and being in GMD
1765 of Jackson County,
Georgia and being Lot 100 of
the Township at Mulberry Park
as per that plat of the subdivi
sion recorded in Plat Book
66, Pages 146-155, Jackson
County, Georgia Records,
which plat is incorporated
herein by reference and made
a part hereof.
(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
secu red by a Secu rity Deed exe
cuted by PHILLIP EARNEST to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated February 17,
2006, and recorded in Deed
Book 42-Z, Page 554, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to Deutsche Bank
National Trust Company, as
Trustee for Morgan Stanley
ABS Capital I Inc Trust 2006-
HE4, by Assignment securing
a Note in the original prin
cipal amount of $95,120.00,
the holder thereof pursuant to
said Deed and Note there
by 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, 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
245th District, G.M., Jackson
County, Georgia, containing
O. 72 acres, as per plat record
ed in Plat Book 28, Page 204,
Jackson County Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
Said property is known
as 1087 Academy Church
Road, 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
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection 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 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 Phillip
Earnest, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Phillip Earnest, 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.
Deutsche Bank National
Trust Company, as Trustee
for Morgan Stanley ABS
Capital I Inc Trust 2006-HE4
as Attorney-in-Fact for Phillip
Earnest
File no. 08-009109
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. swe rtfege r. n et
*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
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by KENNETH
D. HUNTSINGER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated May 18, 2006,
and recorded in Deed Book
44-C, Page 562, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to US Bank National
Association, as Trustee for
CSAB Mortgage-Backed Pass-
Through Certificates, Series
2006-2, by Assignment secur
ing a Note in the original prin
cipal amount of $254,000.00,
the holder thereof pursuant to
said Deed and Note there
by 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, 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
255 G.M.D., Jackson County,
Georgia, containing 11.33
acres, more or less, and
being designated as Tract
9 on plat of survey of the
George Scheer property by
E. M. Smith, Surveyor, dated
August 27, 1986, and record
ed in the Office of the Clerk
of Superior Court of Jackson
County, Georgia, in Plat Book
22, at Page 204. For a more
detailed description of said
property, reference is hereby
made to said plat as recorded.
Subject to existing easements
and rights of way for public
roads and utilities now in use.
Said property is known as 539
B Wilson Road, Commerce,
GA 30529, 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
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection 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 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 Kenneth D.
Huntsinger, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Kenneth Huntsinger,
and the proceeds of said sale
will be applied to the payment
of said indebtedness and all
the expenses of said sale,
including attorney’s fees, all as
provided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
US Bank National
Association, as Trustee for
CSAB Mortgage-Backed Pass-
Through Certificates, Series
2006-2 as Attorney-in-Fact for
Kenneth D. Huntsinger
File no. 08-004952
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/KF
www. swe rtfege r. n et
*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
Georgia Jackson County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by LARRY R.
ALFORD to OPTION ONE
MORTGAGE CORPORATION
dated June 17, 2005, in the
amount of $137,200.00, and
recorded in Deed Book 390,
Page 122, Jackson County,
Georgia Records, as last trans
ferred to Wells Fargo Bank,
N.A. as Trustee for Option One
Mortgage Loan Trust 2006-1
Asset-Backed Certificates,
Series 2006-1 by assignment,
the undersigned, Wells Fargo
Bank, N.A. as Trustee for
Option One Mortgage Loan
Trust 2006-1 Asset-Backed
Certificates, Series 2006-1
pursuant 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 February, 2009, 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
lying and being in GMD 257 of
Jackson County, Georgia, being
Lot 13, Block B, Shepherds
Crossing Subdivision, as per
plat recorded in Plat Book 62,
Page 47, Jackson County,
Georgia Records; which plat is
hereby incorporated herein for
a more complete and detailed
description.
which has the property
address of 110 Psalms Drive,
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 Larry R.
Alford 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.
Wells Fargo Bank, N.A.
as Trustee for Option One
Mortgage Loan Trust 2006-
1 Asset-Backed Certificates,
Series 2006-1 Attorney in Fact
for Larry R. Alford
Anthony DeMarlo, Attorney/
kg rant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-29905 /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.
(JA7,14,21,28B/1325-50)
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
MADGE D. CHIASSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated December30,2004,
in the amount of $221,700.00,
and recorded in Deed Book
37-F, Page 614, 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 February,
2009, 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, together with all improve
ments thereon, situate, lying
and being in the 1747th
District, G.M. Jackson County,
Georgia, and being known and
designated as Lot 19, Block A,
Harris Hills Subdivision, and
being more particularly shown
on a survey entitled Survey
for Harris Hills Subdivision,
dated April 13, 2001, by W.T.
Dunahoo and Associates.,
W.T. Dunahoo, Registered
Land Surveyor, and recorded
in Plat Book 57, Page 189,
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia, reference to
which is hereby made for a
more particular description of
the property herein conveyed.
which has the property
address of 350 Harris Hills
Drive, Athens, Georgia,
together with all fixtures and
other personal property con
veyed 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 Madge D.
Chiasson 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.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Madge D.
Chiasson
Anthony DeMarlo, Attorney/
kg rant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-23428 /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.
(IA7,14,21,28B/1325-50)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by TRAVIS
HALBROOK to BENCHMARK
FUNDING CORP. dated
December 4, 2003, in the
amount of $65,750.00, and
recorded in Deed Book 52V,
Page 1, Jackson County,
Georgia Records, as last trans
ferred to The Bank of New
York Mellon Trust Company,
National Association fka
The Bank of New York Trust
Company, N.A. as successor
to JPMorgan Chase Bank N.A.
as Trustee for RASC 2004KS2
by assignment, the under
signed, The Bank of New
York Mellon Trust Company,
National Association fka
The Bank of New York Trust
Company, N.A. as successor
to JPMorgan Chase Bank N.A.
as Trustee for RASC 2004KS2
pursuant 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 February, 2009, 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 lot, tract or parcel of
land, together with improve
ments thereon, lying and
being in the 253rd General
Militia District of Jackson
County, Georgia, containing
1.683 acres, more or less,
and being Tract Two of Lot
4, of the McElhannon Estate
Property, as shown more par
ticularly on a Plat of Survey
prepared for Onyx Property
Management, LLC by W. Slate
Bauknight, Georgia Registered
continued on following page