Newspaper Page Text
PAGE 14C
THE JACKSON HERALD
WEDNESDAY, JANUARY 14, 2009
Public Notices Continued
prepared by Farley-Collins
Associates, certified by William
H. Collins and William E.
Whidden, GRLS, as recorded
in Plat Book 54, Pages 241-
245, Jackson County, Georgia
Records, which plat is hereby
referred to and made a part of
this description.
which has the property
address of 4374 Rolling Ridge
Drive, Gillsville, 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 TYNIE
MONK 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 TYNIE
MONK
Anthony DeMarlo, Attorney/
kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-29571 /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 indebtedness
secu red by a Secu rity Deed exe
cuted by CAROLYN BARNETT
and TOMMY BARNETT to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated December27,2004,
in the amount of $101,380.00,
and recorded in Deed Book
37-E, Page 403, 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 1704th GMD,
Jackson County, Georgia,
containing 1.5 acres, more or
less, and being more particu
larly described and delineated
by plat of survey prepared for
Sherri L. Barnett and Jeffrey L.
Malcolm dated May 20, 1993,
by James R. Smith, GRLS
recorded in Plat Book 35,
Page 276, Jackson County,
Georgia Records, together
with a perpetual non-exclusive
20 foot driveway easement for
ingress-egress, and utility fully
shown and described on the
above referenced plat.
which has the property
address of 220 Tommy
Barnett Road, Nicholson,
Georgia, together with all fix
tures and other personal prop
erty 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 Carolyn Barnett
and Tommy Barnett 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 under
signed will execute a deed to
the purchaser as provided in
the aforementioned Security
Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Carolyn
Barnett and Tommy Barnett
Anthony DeMarlo, Attorney/
smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-16690 /FHLMC
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)
Notice of Sale
Notice of Sate Under Power in Security Deed
State of Georgia County of Jackson
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by BATTLE
PROPERTIES, INC., Grantor,
to PEOPLES BANK & TRUST,
Grantee, dated MARCH 25,
2005, said deed recorded in
Jackson County Deed Records
at Deed Book 38-1, Page 195,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the 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 in February,
2009, during the legal hours of
sale, at the Courthouse door in
Jackson County, Georgia, 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 248
of Jackson County, Georgia,
being known and desig
nated as Lots H-11, H-91 &
H-93, POD H, PHASE 1 OF
WOODS AT TRADITIONS
as shown on that certain sur
vey entitled “Final Plat for
Links at Traditions, Fairways,
at Traditions and Woods at
Traditions”, said plat being
filed and recorded on February
24, 2005, at Plat Book 64,
Pages 213 through 219, inclu
sive, Jackson County, Georgia
Records, reference to said
plat of survey and the record
thereof being hereby made for
a more complete legal descrip
tion.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
protective or restrictive cove
nants, rights-of-way, and ease
ments; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters of record superior to the
PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney
fees in accordance with the
terms of the Note secured by
said deed.
Said property will be sold
as the property of BATTLE
PROPERTIES, INC., 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 under
signed will execute a deed
to the purchaser at said sale
as provided in the aforemen
tioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Factfor BATTLE
PROPERTIES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
PO. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JA7,14,21,28)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Construction
Loan Deed to Secure Debt
and Security Agreement from
BATTLE PROPERTIES,
INC. (“Grantor”) to BANK
OF NORTH GEORGIA
(“Grantee”), dated May 25,
2006, filed and recorded June
8, 2006, in Deed Book 44-E,
Page 219, Jackson County,
Georgia Records (the “Security
Deed”), conveying the after-
described property to secure
that certain Universal Note
dated June 10, 2008, from
Grantor payable to Grantee in
the original principal amount
of SIXTY SIX THOUSAND
SEVEN HUNDRED EIGHTY
FIVE AND NO/100 DOLLARS
($66,785.00), with interest
thereon as set forth therein
(as modified and renewed,
the “Note”), 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:
All that tract or parcel of land
lying and being in GMD 248
of Jackson County, Georgia,
being Lot 22, Pod G, Phase
2, Fairways at Traditions, as
per plat recorded in Plat Book
64, Page 218, Jackson County
Records, said plat being incor
porated herein by reference
thereto.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable 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. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having been
given as provided by law).
The property will be sold
for cash or certified funds and
subject to any and all mat
ters of record superior to said
Security Deed, outstanding
ad valorem taxes, any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, zon
ing ordinances, restrictions,
covenants, and easements
against the property, if any.
The sale will be conducted as
set forth herein subject to (1)
confirmation prior to the sale
that the sale is not prohib
ited under the U.S. Bankruptcy
Code and (2) final confirmation
and audit prior to the sale of
the status of the loan with the
holder of the Security Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property consists of Lot
22, Pod G, Phase 2, Fairways
at Traditions, in GMD 248,
Jackson County, Georgia, and
the party in possession of the
property is Battle Properties,
Inc., or its tenant or tenants.
BANK OF NORTH
GEORGIA as Attorney-in-Fact
for Battle Properties, Inc.
Thompson, O’Brien, Kemp
& Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JA7,14,21,28)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia County of Jackson
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by BATTLE
PROPERTIES, INC., Grantor,
to PEOPLES BANK & TRUST,
Grantee, dated APRIL 25,
2006, said deed recorded in
Jackson County Deed Records
at Deed Book 43-U, Page 545,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the 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 in February,
2009, during the legal hours of
sale, at the Courthouse door in
Jackson County, Georgia, 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 248
of Jackson County, Georgia,
being Lots 33 and 34, Pod
H, Phase 2, Woods at
Traditions, as per plat record
ed in Plat Book 64, Page 217,
Jackson County Records, said
plat being incorporated herein
by reference thereto.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
protective or restrictive cove
nants, rights-of-way, and ease
ments; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters of record superior to the
PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney
fees in accordance with the
terms of the Note secured by
said deed.
Said property will be sold
as the property of BATTLE
PROPERTIES, INC., 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 under
signed will execute a deed
to the purchaser at said sale
as provided in the aforemen
tioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for BATTLE
PROPERTIES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
PO. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JA7,14,21,28)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Deed to Secure
Debt and Security Agreement
from BATTLE PROPERTIES,
INC. (“Grantor”) to BANK
OF NORTH GEORGIA
(“Grantee”), dated March 31,
2005, filed and recorded April
11, 2005, in Deed Book 38-J,
Page 781, Jackson County,
Georgia Records (the “Security
Deed”), conveying the after-
described property to secure
that certain Universal Note
dated April 10, 2008, from
Grantor payable to Grantee in
the original principal amount of
SIXTY THOUSAND SEVEN
HUNDRED AND 88/100
DOLLARS ($60,700.88),
with interest thereon as set
forth therein (as modified and
renewed, the “First Note”), and
that certain Universal Note
dated April 10, 2008, from
Grantor payable to Grantee in
the original principal amount
of SIXTY THOUSAND FOUR
HUNDRED FORTY TWO
AND 48/100 DOLLARS
($60,442.48), with interest
thereon as set forth therein
(as modified and renewed,
the “Second Note”), and that
certain Universal Note dated
April 10, 2008, from Grantor
payable to Grantee in the origi
nal principal amount of SIXTY
THOUSAND SIX HUNDRED
TWO AND 59/100 DOLLARS
($60,602.59), with interest
thereon as set forth therein
(as modified and renewed, the
“Third Note”) (the First Note,
Second Note and Third Note
hereinafter collectively referred
to as the “Notes”), 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:
All that tract or parcel of land
lying and being in GMD 248
of Jackson County, Georgia,
being known and designat
ed as LOTS H-3, H-5 AND
H-9, POD H, PHASE 1 OF
WOODS AT TRADITIONS
as shown on that certain sur
vey entitled “Final Plat for
Links at Traditions, Fairways
at Traditions and Woods at
Traditions”, said plat being
filed and recorded on February
24, 2005, at Plat Book 64,
Pages 213 through 219, inclu
sive, Jackson County, Georgia
Records, reference to said
plat of survey and the record
thereof being hereby made for
a more complete legal descrip
tion.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable 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 Notes. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having been
given as provided by law).
The property will be sold
for cash or certified funds and
subject to any and all mat
ters of record superior to said
Security Deed, outstanding
ad valorem taxes, any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, zon
ing ordinances, restrictions,
covenants, and easements
against the property, if any.
The sale will be conducted as
set forth herein subject to (1)
confirmation prior to the sale
that the sale is not prohib
ited under the U.S. Bankruptcy
Code and (2) final confirmation
and audit prior to the sale of
the status of the loan with the
holder of the Security Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and
belief, the property consists
of Lots H-3, H-5 and H-9,
Pod H, Phase 1 of Woods
at Traditions, in GMD 248,
Jackson County, Georgia, and
the party in possession of the
property is Battle Properties,
Inc., or its tenant or tenants.
BANK OF NORTH
GEORGIA as Attorney-in-Fact
for Battle Properties, Inc.
Thompson, O’Brien, Kemp
& Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JA7,14,21,28)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Construction
Loan Deed to Secure Debt
and Security Agreement from
BATTLE PROPERTIES,
INC. (“Grantor”) to BANK
OF NORTH GEORGIA
(“Grantee”), dated May 25,
2006, filed and recorded June
8, 2006, in Deed Book 44-E,
Page 226, Jackson County,
Georgia Records (the “Security
Deed”), conveying the after-
described property to secure
that certain Universal Note
dated June 10, 2008, from
Grantor payable to Grantee in
the original principal amount
of ONE HUNDRED TWENTY
TWO THOUSAND SEVEN
HUNDRED TWENTY EIGHT
AND NO/100 DOLLARS
($122,728.00), with interest
thereon as set forth therein
(as modified and renewed,
the “Note”), 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:
All that tract or parcel of land
lying and being in GMD 248
of Jackson County, Georgia,
being Lots 46 and 47, Pod C,
Phase 2, Links at Traditions,
as per plat recorded in Plat
Book 64, Page 215, Jackson
County, Georgia Records, said
plat being incorporated herein
by reference thereto.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable 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. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having been
given as provided by law).
The property will be sold
for cash or certified funds and
subject to any and all mat
ters of record superior to said
Security Deed, outstanding
ad valorem taxes, any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, zon
ing ordinances, restrictions,
covenants, and easements
against the property, if any.
The sale will be conducted as
set forth herein subject to (1)
confirmation prior to the sale
that the sale is not prohib
ited under the U.S. Bankruptcy
Code and (2) final confirmation
and audit prior to the sale of
the status of the loan with the
holder of the Security Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property consists of Lots
46 and 47, Pod C, Phase 2
of Links at Traditions, in GMD
248, Jackson County, Georgia,
and the party in posses
sion of the property is Battle
Properties, Inc., or its tenant
or tenants.
BANK OF NORTH
GEORGIA as Attorney-in-Fact
for Battle Properties, Inc.
Thompson, O’Brien, Kemp
& Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JA7,14,21,28)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Deed to Secure
Debt and Security Agreement
from BATTLE PROPERTIES,
INC. (“Grantor”) to BANK OF
NORTH GEORGIA(“Grantee”),
dated March 31, 2005, filed
and recorded April 11, 2005,
in Deed Book 38-K, Page
1, Jackson County, Georgia
Records (the “Security Deed”),
conveying the after-described
property to secure that certain
Universal Note dated April 10,
2008, from Grantor payable to
Grantee in the original principal
amount of TWO HUNDRED
SIXTY FOUR THOUSAND
SIX HUNDRED SIXTY NINE
AND 22/100 DOLLARS
($264,669.22), with interest
thereon as set forth therein
(as modified and renewed,
the “Note”), 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:
All that tract or parcel of land
lying and being in GMD 248
of Jackson County, Georgia,
being known and designated as
LOTS C-51, C-59, C-61, C-63
AND C-65, POD C, PHASE 1
OF LINKS AT TRADITIONS
as shown on that certain sur
vey entitled “Final Plat for
Links at Traditions, Fairways
at Traditions and Woods at
Traditions”, said plat being
filed and recorded on February
24, 2005, at Plat Book 64,
Pages 213 through 219, inclu
sive, Jackson County, Georgia
Records, reference to said
plat of survey and the record
thereof being hereby made for
a more complete legal descrip
tion.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable 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. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having been
given as provided by law).
The property will be sold
for cash or certified funds and
subject to any and all mat
ters of record superior to said
Security Deed, outstanding
ad valorem taxes, any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, zon
ing ordinances, restrictions,
covenants, and easements
against the property, if any.
The sale will be conducted as
set forth herein subject to (1)
confirmation prior to the sale
that the sale is not prohib
ited under the U.S. Bankruptcy
Code and (2) final confirmation
and audit prior to the sale of
the status of the loan with the
holder of the Security Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property consists of Lots
C-51, C-59, C-61, C-63 and
C-65, Pod C, Phase 1 of Links
at Traditions, in GMD 248,
Jackson County, Georgia, and
the party in possession of the
property is Battle Properties,
Inc., or its tenant or tenants.
BANK OF NORTH
GEORGIA as Attorney-in-Fact
for Battle Properties, Inc.
Thompson, O’Brien, Kemp
& Nasuti, PC.
continued on following page