Newspaper Page Text
WEDNESDAY, JANUARY 21, 2009
THE JACKSON HERALD
PAGE 23C
Public Notices Continued
Garner & Kilgore
16 S. Harris Street
P.O. 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)
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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 DAY
DISTRIBUTING CO., INC.,
Grantor, to PEOPLES BANK &
TRUST, Grantee, dated APRIL
17, 2008, said deed recorded in
Jackson County Deed Records
at Deed Book 52-C, Page 646,
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 the 248th
District, G.M., Jackson County,
Georgia, encompassing 1.19
acre, more or less, and being
known as Lot 54, Block A
of Legendary Meadows
Subdivision and being more
particularly described and
delineated within a plat and
survey recorded in Plat Book
64, Page 33, Jackson County,
Georgia Records, which said
plat and the recording thereof
are hereby incorporated herein
by reference for a more detailed
description of the property.
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
assessments which may be
liens against said property; all
prior protective or restrictive
covenants, rights-of-way, and
easements; 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 DAY
DISTRIBUTING CO., INC.,
and the proceeds of said sale
will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser at said
sale as provided in the afore
mentioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for DAY
DISTRIBUTING CO., INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. 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)
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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 LAURIE E. DILLARD
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated June 16, 2006, in
the amount of$117,600.00, and
recorded in Deed Book 44-M,
Page 599, Jackson County,
Georgia Records, as last trans
ferred to LaSalle Bank NA as
trustee for Washington Mutual
Asset-Backed Certificates
WMABS Series 2006-HE4
Trust by assignment; the under
signed, LaSalle Bank NA as
trustee for Washington Mutual
Asset-Backed Certificates
WMABS Series 2006-HE4
Trust 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 the
245 G.M.D., Jackson County,
Georgia, and being Lot 40,
Jefferson Springs, formerly
know as Indiana Springs, as
per plat recorded in Plat Book
60 at pages 65-67, Jackson
County records, which is
referred to and made a part of
this description. Subject to all
restrictions and easements of
records.
which has the property
address of 278 Springbrook
Court, Jefferson, 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 Laurie E.
Dillard 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
provided in the aforementioned
Security Deed.
LaSalle Bank NA as trustee
for Washington Mutual Asset-
Backed Certificates WMABS
Series 2006-HE4 T rust Attorney
in Fact for Laurie E. Dillard
Anthony DeMarlo, Attorney/
Iseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www. mccu rdycand ler. com
File No. 08-21930 /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)
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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 JOSE RAMON CRUZ
BARRABI to HOMEBANC
MORTGAGE CORPORATION
in the original principal
amount of $175,500.00 dated
11/30/2005, and recorded in
Deed Book 41-R, Page 402,
Jackson County Records, said
Security Deed being last trans
ferred and assigned to EMC
Mortgage Corporation, the
undersigned will sell at public
outcry to the highest bidder for
cash before the Courthouse
door in said County, during the
legal hours of sale, on the first
Tuesday of February, 2009 by
EMC Mortgage Corporation,
as Attorney-in-Fact for Jose
Ramon Cruz Barrabi the fol
lowing described property:
All that tract or parcel of land
lying and being in GMD 245 and
248, Jackson County, Georgia,
being Lot 15, Block A, Kendall
Creek Estates, as per subdivi
sion plat recorded in Plat Book
64, Page 260, Jackson County,
Georgia Records, which plat is
hereby referred to and made
part of this description
Property known as: 80 Katie
Spring Lane, 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 indebted
ness secured thereby, this sale
will be made for the purposes
of paying the same and all
expenses of sale, including
attorney’s fees, (notice hav
ing been given as provided
by law).
The property will be sold as
the property of The Aforesaid
Grantors subject to the follow
ing:
(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 sur
vey 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 pay
able or not yet due and pay
able; 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 aforementioned indebted
ness is:
EMC Mortgage Corporation
2780 Lake Vista Drive
Lewisville, TX 75067
PHONE: 800-723-3004
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend or
modify said indebtedness.
To the best of the under
signed’s knowledge and belief,
the party in possession is Jose
Ramon Cruz Barrabi.
EMC Mortgage Corporation,
as Attorney-in-fact for Jose
Ramon Cruz Barrabi.
This law firm is acting as
a debt collector attempting 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
Phone - (770) 392-0398
Toll Free - (866) 999-7088
(JA7,14,21,28B/224-50)
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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 MICHAEL H. VANDIVER
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. in the original principal
amount of $220,000.00 dated
01/05/2007, and recorded in
Deed Book 47-G, Page 120,
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 February, 2009. by
CitiMortgage, Inc., as Attorney-
in-Fact for Michael H. Vandiver
the following described prop
erty:
All that tract or parcel of land
lying and being in the 455th
District, GM, Jackson County,
Georgia, and being that 3.8752
acres, more or less, as more
particularly shown on a plat
of survey prepared for Allied
Wilson by James Robert
Cheatham, registered sur
veyor, dated August 5, 1996,
revised November 4, 1996,
recorded in Plat Book 51,
Page 123, in the office of the
clerk of the Superior Court of
Jackson County, Georgia and
incorporated herein and made
a part hereof by reference for
a more detailed description.
Said property is bounded on
the North by lands now or for
merly of Wilson and Shook;
on the south by lands now or
formerly of Frizzell; and on the
west by Georgia Highway 82
(80 foot right of way).
Property known as: 3608
Holly Springs Road,
Pendergrass, GA 30567.
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default in
the payment of the indebted
ness secured thereby, this sale
will be made for the purposes
of paying the same and all
expenses of sale, including
attorney’s fees, (notice hav
ing been given as provided
by law).
The property will be sold as
the property of The Aforesaid
Grantors subject to the follow
ing:
(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 sur
vey 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 pay
able or not yet due and pay
able; 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 aforementioned indebted
ness 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 indebtedness.
To the best of the under
signed’s knowledge and belief,
the party in possession is
Michael H. Vandiver.
CitiMortgage, Inc., as
Attorney-in-fact for Michael H.
Vandiver.
This law firm is acting as
a debt collector attempting 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
Phone - (770) 392-0398
Toll Free - (866) 999-7088
(JA7,14,21,28B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of a Power of
Sale contained in that cer
tain Security Deed from
RODNEY L. THOMAS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nominee
for COUNTRYWIDE BANK,
a Division Of Treasury Bank,
N.A., dated October 29, 2004,
recorded November 5, 2004,
in Deed Book 36-P, Page
791, Jackson County, Georgia
Records, said Security Deed
having been given to secure a
Note of even date in the origi
nal principal amount of THREE
HUNDRED THOUSAND
AND 00/100 DOLLARS
($300,000.00), with interest
thereon as provided for there
in, said Security Deed hav
ing been last sold, assigned
and transferred to Countrywide
Bank, FSB, 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,
all property described in said
Security Deed including but
not limited to the following
described property:
All that tract or parcel of land
lying and being in the 455th
District, G.M., Jackson County,
Georgia, and being that 3.791
acres, more or less, as particu
larly shown on a plat of survey
prepared for Rodney Thomas
by Barry D. Lord, Registered
Surveyor, dated January 31,
2003, revised March 6, 2003,
recorded in Plat Book 60, Page
246, in the Office of the Clerk
of Superior Court of Jackson
County, Georgia, and incorpo
rated herein and made a part
hereof by reference for a more
detailed description.
Said property is commonly
known as 48 Marlowe Circle,
Pendergrass, GA 30567.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due because of default under
the terms of said Security
Deed and Note, including but
not limited to the nonpayment
of the indebtedness 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 attorneys'
fees and all other payments
provided for under the terms of
the Security Deed and Note.
Said property will be sold
subject to the following items
which may affect the title to
said property: all zoning ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills for
public utilities which constitute
liens upon said property; all
restrictive covenants, ease
ments, rights-of-way and any
other matters of record supe
rior to said Security Deed. To
the best of the knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Rodney L. Thomas or
tenants(s).
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.
THE ABOVE LAW
FIRM
IS ACTING
AS A
DEBT
COLLECTOR.
ANY
INFORMATION
OBTAINED
WILL
BE USED
FOR
THAT
PURPOSE.
Countrywide Bank, FSB as
Attorney in Fact for RODNEY
L. THOMAS
Lender Contact:
COUNTRYWIDE, Loss
Mitigation Dept., 7105
Corporate Drive, PTX-A-274,
Plano, TX 75024
TELEPHONE NUMBER:
800-669-6087
Attorney Contact: Adorno
& Yoss LLC, 3740 Davinci
Court, Suite 100, Norcross, GA
30092
TELEPHONE NUMBER:
(888) 890-5309
ADORNO FILE NO.
215400.5420
WWW.ADORNO.COM/
ATLDOCS/SALES.HTML
(JA7,14,21,28B/13997-60)
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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 indebtedness
secured by a Security Deed
executed by LPI/JEFFERSON
WALK, INC., Grantor, to
PEOPLES BANK & TRUST,
Grantee, dated JUNE 18,
2004, said deed recorded in
Jackson County Deed Records
at Deed Book 35-A, Page 702,
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
245, Jackson County, Georgia,
being known and designated
as Lot 35, Block C, Jefferson
Walk East, Unit Two, as more
particularly described on plat of
survey recorded at Plat Book
62, Page 280, Jackson County,
Georgia Records, reference to
said plat of survey and the
record thereof being hereby
made for a more complete
description.
Said Security Deed inadver
tently referred to Plat Book 62,
Page 280, as Jefferson East
West Subdivision.
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
assessments which may be
liens against said property; all
prior protective or restrictive
covenants, rights-of-way, and
easements; 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 LPI/
JEFFERSON WALK, INC.,
and the proceeds of said sale
will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser at said
sale as provided in the afore
mentioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for LPI/
JEFFERSON WALK, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. 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 in Security Deed
State of Georgia County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by LPI/JEFFERSON
WALK, INC., Grantor, to
PEOPLES BANK & TRUST,
Grantee, dated AUGUST 18,
2005, said deed recorded in
Jackson County Deed Records
at Deed Book 40-G, Page 4,
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 245,
Jackson County, Georgia, being
Lot 21, Block C, Jefferson
Walk East, Unit Two, as per
plat recorded in Plat Book 62,
Page 280, Jackson County,
Georgia Records, which plat is
hereby incorporated herein by
reference.
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
assessments which may be
liens against said property; all
prior protective or restrictive
covenants, rights-of-way, and
easements; 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 LPI/
JEFFERSON WALK, INC.,
and the proceeds of said sale
will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser at said
sale as provided in the afore
mentioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for LPI/
JEFFERSON WALK, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. 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)
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Notice of Sale
Notice of Sale Under Power in Security Deeo
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 189;
as modified by Modification
Agreement/Security Deed
dated AUGUST 15, 2005,
said modification recorded in
Jackson County Deed Records
at Deed Book 41-A, Page 332,
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 designated
as Lot G-27, Pod G, Phase
1 of Fairways 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 description.
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
assessments which may be
liens against said property; all
prior protective or restrictive
covenants, rights-of-way, and
easements; 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 aforementioned
Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for BATTLE
PROPERTIES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. 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.
(1A7,14,21,28)
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Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by FRANCISCO
J. DIAZ to HOMEBANC
MORTGAGE CORPORATION
dated August 31, 2006, in the
amount of $109,600.00, and
recorded in Deed Book 45-M,
continued on following page