Newspaper Page Text
WEDNESDAY, FEBRUARY 11, 2009
THE JACKSON HERALD
PAGE 17C
Public Notices Continued
to collect attorneys fees having
been given).
CitiResidential fka
Ameriquest Mortgage can
be contacted at 800-211-
6926x38406 or by writing to
10801 6th Street Suite 130,
Rancho Cucamonga, CA
91730, to discuss possible
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 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.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Roger Southerland
or a tenant or tenants and said
property is more commonly
known as 266 Forest Lake
Rd., Pendergrass, Georgia
30567.
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.
Deutsche Bank National
Trust Company, as Trustee,
in trust for the registered hold
ers of Argent Securities Inc.,
Asset-Backed Pass-Through
Certificates, Series 2003-W10
as Attorney in Fact for Roger
Southerland
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/pxs 3/3/09
Our file no. 152009-FT8
(FE4,11,18.25B/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
MATTHEW G. FAGIOLI to
SUNTRUST MORTGAGE,
INC., dated September 28,
2007, recorded in Deed Book
50-H, Page 197, Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of ONE HUNDRED THIRTY-
FOUR THOUSAND AN D 0/100
DOLLARS ($134,000.00), 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 March, 2009, the
following described property:
All that tract or parcel of
land lying and Being in
GMD 248, Jackson County,
Georgia, Being Lot 21, Pod
R, Traditions Of Braselton-
Phase 2 Subdivision, as per
Plat recorded in Plat Book 66,
Pages 48-53, Jackson County
Records, said Plat being incor
porated herein by reference
thereto.
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).
Suntrust Mortgage, Inc. can
be contacted at 866-384-0903
or by writing to 1001 Semmes
Avenue, Richmond, VA 23224,
to discuss possible 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 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.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Matthew G. Fagioli
or a tenant or tenants and said
property is more commonly
known as Lot 21 Traditions
of Braselton, Jefferson,
Georgia 30549.
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 Matthew
G. Fagioli
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/tah 3/3/09
Our file no. 11578608-FT2
(FE4,11,18,25B/12062-50T1P)
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
BETHANY C. BRECHLER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated August 5, 2005,
and recorded in Deed Book
40-0, Page 479, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to HSBC Bank USA,
National Association, asTrustee
for FBR Securitization Trust
2005-3, by Assignment secur
ing a Note in the original prin
cipal amount of $163,634.00,
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, March 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 GMD 1785
of the 3rd District, Jackson
County, Georgia, being Lot
163, Block B, Unit One of
Liberty Estates Subdivision as
per plat recorded in Plat Book
64, Pages 61-66, Jackson
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
Said property is known
as 591 New Liberty Way,
Braselton, GA 30517, 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 Bethany C.
Brechler, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Bethany C. Brechler,
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.
HSBC Bank USA, National
Association, as Trustee for
FBR Securitization Trust
2005-3 as Attorney-in-Fact for
Bethany C. Brechler
File no. 08-005373
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 rtfeg er. n et
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/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 indebt
edness secured by a
Security Deed executed by
CHRISTINE K. BUSSEY and
STEPHEN M. BUSSEY to
HOMEBANC MORTGAGE
CORPORATION, dated June
25, 2004, and recorded in
Deed Book 35-D, Page 551,
Jackson County Records, said
Security Deed having been last
sold, assigned, transferred and
conveyed to The Bank of New
York Mellon, fka The Bank of
New York as Successor in inter
est to JP Morgan Chase Bank
NA as Trustee for Sructured
Asset Mortgage Investments II
Inc. Bear Stearns ALT-A Trust
2004-10, Mortgage Pass-
Through Certificates, Series
2004-10, by Assignment secur
ing a Note in the original prin
cipal amount of $256,000.00,
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, March 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 GMD 248
of Jackson County, Georgia,
being Lot 19, Phase II,
Chadwick Farms Subdivision,
per plat thereof recorded in
Plat Book 62, Pages 170-171,
Jackson County Records,
which plat is made a part here
of by reference.
Said property is known as
389 Caldwell 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 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 Christine
K. Bussey and Stephen M.
Bussey, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the pos
session of Christine Bussey
and Stephen M. Bussey, 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, fka The Bank of New
York as Successor in inter
est to JP Morgan Chase Bank
NA as Trustee for Sructured
Asset Mortgage Investments II
Inc. Bear Stearns ALT-A Trust
2004-10, Mortgage Pass-
Through Certificates, Series
2004-10 as Attorney-in-Fact
for Christine K. Bussey and
Stephen M. Bussey
File no. 07-7261
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 rtfeg er.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-60T1P)
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
J. W. CLEVELAND, III to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated March 7, 2005,
recorded in Deed Book 37-Z,
Page 63, Jackson County,
Georgia Records, as last
transferred to Bank of America,
National Association as suc
cessor by merger to LaSalle
Bank National Association, as
Trustee for Certificateholders
of Bear Stearns Asset Backed
Securities I LLC, Asset-Backed
Certificates, Series 2005-HE5
by assignment 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 original principal amount
of ONE HUNDRED THIRTY-
NINE THOUSAND AND 0/100
DOLLARS ($139,000.00), 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 March, 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 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 author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: EMC
Mortgage Corporation, 800
State Highway 121 Bypass,
Lewisville, TX 75067, 1-888-
577-4011. Please understand
that the secured creditor is not
required by law to negotiate,
amend, or modify the terms of
the mortgage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is J. W. Cleveland,
III and Lori Marie Cleveland or
a tenant or tenants and said
property is more commonly
known as 72 Wesley Way,
Commerce, Georgia 30529.
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, National
Association as successor
by merger to LaSalle Bank
National Association, as
Trustee for Certificateholders
of Bear Stearns Asset Backed
Securities I LLC, Asset-Backed
Certificates, Series 2005-HE5
as Attorney in Fact for J. W.
Cleveland, III
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/gxw 3/3/09
Our file no. 52482506-FT1
EXHIBIT A
All that tract or parcel of
land lying and being the 255th
District, Jackson County,
Georgia, being Lot 16 of Deer
Creek Subdivision, as per plat
recorded in Plat Book 57, Page
251, in the Office of the Clerk
of Superior Court of Jackson
County, Georgia Records,
which plat is incorporated
herein by reference and made
a part of this description.
Also conveyed herewith is a
1/29th undivided interest per lot
in the “Amenity Site” as shown
on the above referenced plat.
(FE4,11,18,25B/12062-70T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Under and by virtue of
the power of sale contained
in a Security Deed from
ANCHORAGE HOMES, LLC
to UNITED COMMUNITY
BANK, dated March 22, 2006,
recorded April 13, 2006, in
Deed Book 43-L, Page 164,
Jackson County, Georgia
Records, as modified by
Amendment to Deed to Secure
Debt and Security Agreement
dated October 12, 2007,
recorded November 5, 2007,
in Deed Book 50-0, Page
688, Jackson County, Georgia
Records, said Security Deed
being given to secure a Note
from ANCHORAGE HOMES,
LLC dated March 22, 2006, as
amended, with interest from
date at a rate per cent per
annum on the unpaid balance
until paid; there will be sold
by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse
door at Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday
in March, 2009, the following
described property:
All that tract or parcel of
land lying and being in the
245th GMD, Jackson County,
Georgia, being Lots 10 and 24,
of Mallard’s Cove, as per plat
recorded in Plat Book 66, Page
118-121, Jackson County,
Georgia records, to which plat
reference is made for a more
detailed description.
Including the following: (i)
all sums of Grantor on depos
it with Grantee from time to
time (the “Deposits”); (ii) if
the Land is to be subdivided
into lots, all income received
from the sale of such lots (the
“Lot Sales Income”); (iii) all
fixtures and personal property
included (whether generally
or specifically) in the definition
of “Premises” set forth here
inabove and now or hereafter
acquired by Grantor, and all
replacements, substitutions
and additions thereto (the
“Fixtures and Personalty”);
(iv) all plans, specifications,
drawings, surveys, contracts
(including contracts with gen
eral contractors and architects)
and subcontracts related to
the improvement and devel
opment of the Premises (the
“Improvement Documents”);
and (v) all proceeds (includ
ing cash proceeds and pro
ceeds of proceeds) of all of the
foregoing (all such Deposits,
Lot Sales Income, Fixtures
and Personalty, Improvement
Documents and proceeds are
collectively referred to herein
as the “Collateral”).
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 provided
in the Note and Security Deed.
The debt remaining in default,
this sale will be made for the
purpose of paying the same
and all expenses of this sale,
as provided in the Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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, ease
ments, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 prop
erty is ANCHORAGE HOMES,
LLC or a tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact for
ANCHORAGE HOMES, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00975
(FE4,11,18,25B/16022-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power of Attorney
Contained in Security Deed
Under and by virtue of the
power of sale contained in
that Security Deed from R
G CLOER ENTERPRISES,
INC. to COMMUNITY BANK
& TRUST, dated September
30, 2004, and recorded in
Deed Book 36-H, Page 94
(the “Deed”) Jackson County,
Georgia Records, such Deed
being given to secure obliga
tions arising under: a Real
Estate Note dated September
30, 2004, made by Grantor in
the original principal amount
of $300,000.00 (the “Note”),
together with interest thereon
and other obligations as pro
vided in the Note and Deed
(collectively the “Debt”), there
will be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse door at Jackson
County, Georgia within the
legal hours of sale on the first
Tuesday in March, 2009 to wit:
March 3, 2009, the following
described property:
All that tract or parcel of
land lying and being in the
1691stG.M. District of Jackson
County, Georgia designat
ed as Lot 1, The Meadows
Subdivision, as shown on a plat
of survey prepared by Floyd &
Associates, Inc., certified by B.
Lamar Floyd, Georgia R.L.S.
No. 2087, entitled “Final Plat
of The Meadows”, recorded
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia in Plat Book
64, Page 74; said plat and
the recording thereof are by
reference hereto incorporated
herein for a more complete
and detailed description.
The Debt is declared imme
diately due and payable
because of, inter alia, default in
the payment of the Debt in the
manner required by the Notes
and Deed. The Sale will be
made for the purpose of pay
ing the Debt and all expenses
of Sale, including reasonable
attorney fee (notice of intention
to collect attorney(s fees has
been given). The sale shall be
subject to all restrictions, liens,
easements and encumbrances
of record, and all unpaid taxes
and assessments, if any, hav
ing priority over the Deed. To
the undersigned's knowledge,
information and belief, Grantor
is in possession of but does
not occupy the property which
is known as 71 Belmont Oaks
Drive, Talmo, GA 30575.
Community Bank and Trust
as Attorney in Fact for R G
Cloer Enterprises, Inc.
Vince Fitzgerald
629 Dawsonville Highway,
Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE
(FE4,11,18,25P4)
gpnll
Notice of Sale
Notice of Sale Under Power of Attorney
Contained in Security Deed
Under and by virtue of the
power of sale contained in
that Security Deed from R.G.
CLOER ENTERPRISES,
INC. to COMMUNITY BANK
& TRUST, dated December
17, 2003, and recorded in
Deed Book 33-E, Page 109
(the “Deed”) Jackson County,
Georgia Records, such Deed
being given to secure obliga
tions arising under: a Real
Estate Note dated December
17, 2003, made by Grantor in
the original principal amount
of $261,218.92 (the “Note”),
together with interest thereon
and other obligations as pro
vided in the Note and Deed
(collectively the “Debt”), there
will be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse door at Jackson
County, Georgia within the
legal hours of sale on the first
Tuesday in March, 2009, to
wit: March 3, 2009, the follow
ing described property:
All that tract or parcel of
land lying and being in the
245th and 248th District G.M.,
Jackson County, Georgia,
being Lot 11 and Lot 32, Pod
O, Traditions of Braselton,
Phase II, recorded in Plat Book
62, Page 122, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia,
which re-recorded plat is here
by incorporated herein by ref
erence and made a part of this
description.
The Debt is declared imme
diately due and payable
because of, inter alia, default in
the payment of the Debt in the
manner required by the Notes
and Deed. The Sale will be
made for the purpose of pay
ing the Debt and all expenses
of Sale, including reasonable
attorney fee (notice of intention
to collect attorney(s fees has
been given). The sale shall be
subject to all restrictions, liens,
easements and encumbranc
es of record, and all unpaid
taxes and assessments, if any,
having priority over the Deed.
To the undersigned’s knowl
edge, information and belief,
Grantor is in possession of but
does not occupy the property
which is known as Lot 11, Pod
O, Traditions of Braselton,
Phase II, Braselton, GA and
Lot 32, Pod O, Traditions
of Braselton, Phase II,
Braselton, GA.
Community Bank and Trust
as Attorney in Fact for R.G.
Cloer Enterprises, Inc.
Vince Fitzgerald
629 Dawsonville Highway,
Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE
(FE4,11,18,25P4)
continued on following page