Newspaper Page Text
PAGE 20C
THE JACKSON HERALD
WEDNESDAY, FEBRUARY 11, 2009
Public Notices Continued
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 under
signed, the party in posses
sion of the property is HUCO
CONSTRUCTION, LLC or a
tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact for
HUCO CONSTRUCTION,
LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00961
(FE4,11,18,25B/16022-60T1P)
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 HUCO
CONSTRUCTION, LLC to
UNITED COMMUNITY BANK,
dated March 27, 2006, record
ed April 13, 2006, in Deed
Book43-L, Page 182, Jackson
County, Georgia Records, said
Security Deed being given to
secure a Note from HUCO
CONSTRUCTION, LLC dated
March 27, 2006, as amend
ed, 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 17,
18, 19 and 20 of Mallard’s
Cove, as shown on plat of
Mallard’s Cove, prepared by
Chris M. Patton, Registered
Land Surveyor No. 2647,
recorded 09/30/05 in Plat Book
66, Pages 118-121, Jackson
County Records. The descrip
tion of said property as con
tained on said plat is hereby
incorporated herein and by ref
erence made a part hereof.
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 under
signed, the party in posses
sion of the property is HUCO
CONSTRUCTION, LLC or a
tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact for
HUCO CONSTRUCTION,
LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00962
(FE4,11,18,25B/16022-60T1P)
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 HUCO
CONSTRUCTION, LLC to
UNITED COMMUNITY BANK,
dated December 12, 2007,
recorded December 18, 2007,
in Deed Book 50-Z, Page
36, Jackson County, Georgia
Records, said Security Deed
being given to secure a Note
from HUCO CONSTRUCTION,
LLC dated December 12, 2007,
in the original principal amount
of ONE HUNDRED EIGHTY
TWO THOUSAND ONE
HUNDRED SEVENTY FIVE
AND 00/100 ($182,175.00)
DOLLARS, 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 Land
Lot 245th of the GMD District
of Jackson County, Georgia,
being Lot 34 as shown on plat
of survey prepared for Mallard's
Cove, by Chris M. Patton,
Registered Land Surveyor No.
2647, dated 09/30/05, record
ed in Plat Book 66, Pages US-
121, Jackson County Records.
The description of said prop
erty as contained on said plat
is hereby incorporated herein
and by reference made a part
hereof.
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 under
signed, the party in posses
sion of the property is HUCO
CONSTRUCTION, LLC or a
tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact for
HUCO CONSTRUCTION,
LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00966
(FE4,11,18,25B/16022-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
By virtue of the power of
sale contained in a Deed
to Secure Debt by JOE
FRANKLIN BURGESS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. (“MERS”) as nominee
for WILMINGTON FINANCE,
INC., dated August 7, 2006,
and filed for record August 18,
2006, in Deed Book45-D, Page
583, Jackson County, Georgia
Records, and securing a Note
in the original principal amount
of $137,000.00; last trans
ferred to U S Bank, NA ND by
Assignment filed for record July
2, 2008, in Deed Book 52-T,
Page 480, Jackson County,
Georgia Records, there will be
sold at a public outcry for cash
to the highest bidder before the
Courthouse door of Jackson
County, Georgia, between the
legal hours of sale on the first
Tuesday in March, 2009, by U
S Bank, NA ND as Attorney-in-
Fact for Joe Franklin Burgess
the following property to-wit:
ALL THAT TRACT OR
PARCEL OF LAND lying and
being in the G.M.D. 245 of
Jackson County, Georgia,
being known and designated
as Lot 4 of Dillon’s Walk, as
more particularly described on
a plat of survey recorded in
Plat Book 57, Pages 268 and
269, 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 above described proper
ty is also known as 101 Dillon
Drive, 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 purpose
of paying the same and all
expenses of sale, including
attorney’s fees, if applicable.
The property will be sold
as the property of the afore
said grantor subject to the
following: all prior restrictive
covenants, easements, rights-
of-way, security deeds, or
encumbrances of record; all
valid zoning ordinances; mat
ters which would be disclosed
by an accurate survey of the
property or by any inspection
of the property; all outstanding
taxes, assessments, unpaid
bills, charges, and expenses
that are a lien against the prop
erty whether due and payable
or not yet due and payable.
To the best of the under
signed’s knowledge and belief,
possession of the subject prop
erty is held by Joe Franklin
Burgess .
Pursuant to O.C.G.A.
§ 44-14-162.2, the name,
address and telephone number
of the individual or entity who
shall have the full authority to
negotiate, amend or modify all
terms of the above described
mortgage is as follows:
U S Bank, NAND
Attn: Loss Mitigation Dept.
205 W. 4th Street, Suite 500
Cincinnati, OH 45202
Telephone number: 1-888-
456-2622, ext. 6593
The foregoing notwithstand
ing, nothing in O.C.G.A. §
44-14-162.2 shall be construed
to require U S Bank, NA ND to
negotiate, amend or modify the
terms of the Deed to Secure
Debt described herein.
U S Bank, NA ND as
Attorney-in-Fact for Joe
Franklin Burgess
SHUPING, MORSE &
ROSS, LLP
By: S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite
100
Riverdale, Georgia 30274-
1698
(770) 991-0000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE4,11,18,25B/119-60)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by LESTER GENE
MORROW and TAMMIE
F. MORROW to VIVIAN’S
MOBILE HOMES, INC. dated
April 10, 2006, and record
ed in Deed Book 43-N, Page
29, Jackson County Records,
securing a Note in the original
principal amount of$37,488.87,
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 the
242nd District, G.M., Jackson
County, Georgia, containing
5.00 acres, more or less, and
more full described as follows:
Beginning at a point in the
South side of 80-foot right of
way Holiday Cemetery Road
located 1279 feet southeast of
centerline of B. Whitfield Road;
thence southeasterly along the
right of way Holiday Cemetery
Road South 84 degrees 45
minutes East 185.11 feet;
thence South 17 degrees 25
minutes West 712.28 feet to
an iron pin; thence North 84
degrees 25 minutes West
303.63 feet to on iron pin;
thence North 16 degrees 02
minutes East 717.44 feet to the
beginning corner. This is the
same property conveyed by
Warranty Deed dated May 5,
2002 from Lester Gene Morrow
to Lester Gene Morrow and
Tammie F. Morrow, recorded
May 13, 2002 in Deed Book
26-M, Page 696-697 of the
Jackson County, Georgia Deed
Records;
Together with an Immovable
and permanent fixture attached
thereto, a 1994 Fleetwood
Manufactured Home, Model
Chadwick, Serial Number(s)
GAFLR05AB21667-CW.
Said property is known as
278 Holiday Cemetery Road,
Jefferson, GA 30549, 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 Lester
Gene Morrow and Tammie F.
Morrow, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Lester Gene Morrow
and Tammie F. Morrow, 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.
Vivian’s Mobile Homes, Inc.
as Attorney-in-Fact for Lester
Gene Morrow and Tammie F.
Morrow
File no. 09-010309
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/CC
www.swertfeger.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/1323-70T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by ROSAM. HUERTA
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated September 29,
2006, and recorded in Deed
Book 452, Page 570, 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
Home Equity Loan Trust 2007-
1, by Assignment securing a
Note in the original principal
amount of $172,000.00, 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
1785, Jackson County,
Georgia, being Lot 129, Block
B, Unit One of Liberty Estates
Subdivision, as per plat thereof
recorded in Plat Book 64, Page
40, as revised in Plat Book 64,
Pages 61-66, Jackson County,
Georgia Records, which
recorded plat is incorporated
herein by reference and made
a part of this description.
Said property is known
as 1439 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 Rosa M.
Huerta, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Rosa M. Heurta, 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 Home Equity
Loan Trust 2007-1 as Attorney-
in-Fact for Rosa M. Huerta
File no. 09-009573
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.swertfeger.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)
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 that
certain Deed to Secure Debt
(“Security Deed”) executed by
R & R LAND DEVELOPING,
INC. in favor of COMMUNITY
BANK & TRUST dated
December 22, 2006, and
recorded at Deed Book 46-X,
Pages 384-387 of the Jackson
County, Georgia Deed
Records, the undersigned
will sell at public outcry to the
highest bidder for cash before
the door of the Courthouse of
Jackson County, Georgia, dur
ing the legal hours of sale, on
the first Tuesday in March, that
being March 3, 2009, the fol
lowing described property:
All that tract or parcel of
land lying and being in the
253rd G.M.D., Jackson
County, Georgia, encompass
ing 78.591 acres and being
more particularly described
and delineated according to
a plat and survey prepared
by Landmark Engineering
Corporation, certified by J. R.
Holland, Georgia Registered
Land Surveyor, dated June 23,
1977 and recorded in Plat Book
12, Page 40, and thereafter
corrected and re-recorded in
Plat Book 12, Page 69, in the
Office of the Clerk of Superior
Court Jackson County,
Georgia Records; which plat
and the recording thereof are
hereby incorporated herein by
reference for a more detailed
description of the property.
LESS AND EXCEPT Lots
2, 3 and 4 as shown on a plat
prepared by W. T. Dunahoo,
Georgia Registered Land
Surveyor, dated February 18,
2008 and recorded in Plat
Book 72, Page 88, in the Office
of the Clerk of Superior Court
Jackson County, Georgia
records.
Said property is locat
ed at: Waterworks Road,
Nicholson, Jackson County,
Georgia
The debt secured by said
Security Deed is evidenced by
a Promissory Note (the “Note”),
dated March 20, 2008, in the
original principal amount of
$1,946,611.87, payable, prin
cipal and interest from the date
thereof shown on said Note on
the unpaid balance until paid.
Default has occurred in the
payment of the debt evidenced
by the Note and secured by
the Security Deed as a result
of the nonpayment of install
ments owed thereunder. The
total balance of said debt
has, therefore, been declared
due and the Security Deed
foreclosable according to its
terms.
The debt remaining in
default, the property will be
sold to the highest bidder for
cash as the property of R &
R Land Developing, Inc. and/
or Piedmont Developers, LLC,
the proceeds to be applied to
the payment of said indebted
ness, attorneys’ fees (notice of
intention to collect attorneys’
fees having been given), and
the lawful expenses of said
sale, all as provided in the
Note and the Security Deed,
said sale to be subject to
any and all unpaid taxes and
assessments, and restrictions,
easements and liens of record
with priority over the Security
Deed referenced above.
To the best of the under
signed’s knowledge and
belief, the property is in the
possession of R & R Land
Developing, Inc. and/or
Piedmont Developers, LLC
and will be sold as the property
of R & R Land Developing, Inc.
and/or Piedmont Developers,
LLC.
The undersigned will exe
cute a deed to the purchaser
as authorized in the aforemen
tioned Security Deed.
R & R Land Developing,
Inc.
By: Community Bank &
Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(FE4,11,18,25B/417-60T1)
gpnll
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia County of Jackson
UNDER AND BY VIRTUE
of that Power of Sale con
tained in a certain Deed to
Secure Debt executed by
MITCHELL K. OBERDING
and LYDIA OBERDING
in favor of FARMERS &
MERCHANTS BANK OF
LAKELAND, GEORGIA
AT ITS COVINGTON LPO
dated February 3, 2006 and
recorded at Deed Book 42-P,
Pages 92-97, Public Records,
Jackson County, Georgia, (as
modified by that Combination
Renewal, Additional Advance
Agreement and Modification
Agreement dated June 15,
2007, and recorded at Deed
Book 49-E, Pages 115-117,
Public Records of Jackson
County, Georgia), the under
signed will sell at public outcry
at the highest bidder for cash
before the Courthouse door
in Jackson County, Georgia,
during the legal hours of sale,
on the first (1st) Tuesday in
March, 2009, namely March 3,
2009, the following described
property to-wit:
ALL THAT TRACT or par
cel of land lying and being in
the 238th G.M.D., of Jackson
County, Georgia and being
shown as Lot 73, Unit Two
of Antrim Glen, in accordance
with that Plat of Survey said plat
being recorded at Plat Book
55, page 274, Public Records
of Jackson County, Georgia,
said plat by reference thereto
being incorporated herein and
made a part hereof for a more
particular description of the
captioned property.
Said property being known
as 253 Glen View Drive,
Hoschton, Georgia 30548
according to the present sys
tem of numbering houses in
Jackson County, Georgia.
The Deed to Secure Debt
herein foreclosed being
secured by a Home Equity
Line of Credit Agreement, orig
inally dated February 3, 2006,
in the original, principal amount
of $95,000.00, and modified
by a Home Equity Line of
Credit Agreement dated June
15, 2007 increasing the loan
amount to $120,000.00. The
debt secured by said Deed
to Secure Debt being in
default by, among other pos
sible events of default, failure
to pay said indebtedness as
the same fell due, and the
debt secured by said Deed to
Secure Debt and evidenced
by said Note has been and
is hereby declared due and
payable in full because of said
default. This sale will be made
for the purpose of paying the
remaining principal indebted
ness and accrued interest as
accelerated. The proceeds
thereof will be applied to the
payment of said indebtedness
and all charges and expenses
in connection with said fore
closure in accordance with the
continued on following page