Newspaper Page Text
WEDNESDAY, FEBRUARY 11, 2009
THE JACKSON HERALD
PAGE 21C
Public Notices Continued
terms of said Deed to Secure
Debt and the balance, if any,
will be applied as provided by
law.
Said property will be sold
as the property of MITCHELL
K. OBERDING AND LYDIA
OBERDING, subject to that
indebtedness evidenced by
that Deed to Secure Debt from
MITCHELL K. OBERDING
AND LYDIA OBERDING TO
WELLS FARGO BANK, N.A.
dated May 13, 2004 and
recorded at Deed Book 34Q,
pages 98-116, Public Records
of Jackson County, Georgia,
the Deed to Secure Debt
herein foreclosed represent
ing a Second Mortgage lien,
and the property will also be
sold subject to any outstand
ing and unpaid real estate
taxes (ad valorem taxes) or
assessments, street improve
ments, easements, restrictive
covenants, and any and all
other assessments appearing
of record, if any.
The property was used as
a dwelling place by the debtor
at the time the Security Deed
was executed. Accordingly,
notice has been given in accor
dance with O.C.G.A Section
44-14-162.2.
Notice was also given in
accordance with O.C.G.A.
Section 13-1-11 of intention to
collect attorney’s fees.
The undersigned will exe
cute a Deed Linder Power
of Sale to the Purchaser at
sale as attorney-in-fact for
Mitchell K. Oberding and Lydia
Oberding, as provided in the
Deed to Secure Debt herein
foreclosed.
Jimmy Turner, at Farmers &
Merchants Bank of Lakeland,
Georgia at its Covington LPO,
located at 4174 Baker Street,
Covington, Newton County,
Georgia 30014, telephone
number 770-784-9450 is the
person who has full authority to
negotiate, amend, and modify
all terms of the mortgage with
the debtor.
FARMERS & MERCHANTS
BANK OF LAKELAND,
GEORG IAAT ITS COVINGTON
LPO As Attorney-in-Fact for
MITCHELL K. OBERDING
and LYDIA OBERDING
By: David A. Henderson
Attorney at Law
6169 Adams Street, NE
P. O. Box 1034
Covington, Georgia 30015
(770) 787-2946
06-129(N)
(FE4,11,18,25P4)
gpnll
Notice of Sale
Notice of Sale Under Power
By virtue of the power con
tained in a Deed to Secure
Debt executed and deliv
ered by GLENN R. DAVID
to COMMUNITY BANK AND
TRUST, dated December
27, 1996, and recorded
in Deed Book 16-E, Pages
521-522; and further, by vir
tue of the power contained
in a Supplemental Deed to
Secure Debt, executed and
delivered by GLENN R. DAVID
to COMMUNITY BANK AND
TRUST, dated July 17, 2008,
and recorded in Deed Book
52-X, Page 550; and further,
by virtue of a Supplemental
Security Deed and Additional
Loan Agreement, executed
and delivered by GLENN R.
DAVID to COMMUNITY BANK
AND TRUST, dated July 17,
2008, and recorded in Deed
Book 52-X, Page 553, Office
of the Clerk of Superior
Court of Jackson County,
Georgia, securing sums in
the original principal amount
of $960,000.00; in addition to
interest accruing, there will be
sold at public outcry to the high
est bidder for cash, before the
Courthouse door in Jackson
County, Georgia, by the under
signed, acting as Attorney in
Fact for the said GLENN R.
DAVID, as provided in said
Deed To Secure Debt between
the hours of 10:00 A.M. and
4:00 PM. Eastern Time, on the
first Tuesday in March, 2009,
to-wit: March 3, 2009:
All that tract or parcel of land
lying and being in the 253rd
(Newtown) District, G.M.,
Jackson County, Georgia, con
sisting of 78.31 acres as shown
on that plat prepared by Allen
Venable, Jr., R.L.S. for Mrs.
Vassie Coleman & Heirs of
Nova Coleman Kendall, dated
April 17, 1974. Said property
being bounded on the North
by Kings Bridge Road, P.M.
Shannon, and Pittman’s Bridge
Road; on the West by Mrs.
Vassie Coleman; on the South
by Mrs. Vassie Coleman; on
the East by Joe Ed Tolbert and
Frances Cowart.
BEGINNING at the center-
line of Pittman’s Bridge Road
on the Southeasterly right of
way of Kings Bridge Road;
thence South 75 degrees
20’ East 107.3 feet along
the right of way of Pittman’s
Bridge Road; thence South 24
degrees 09’ West 288.0 feet to
an iron pin; thence South 77
4T East 333.0 feet to an iron
pin; thence North 20 degrees
42’ East 273.0 feet to the
centerline of Pittman’s Bridge
Road; thence along South 75
degrees 31 ’ East 75.8 feet to a
point; thence South 81 degrees
54’ East 892.6 feet to a point;
thence South 86 degrees 27’
East 254.7 feet to a point;
thence North 81 degrees 47’
East 218.0 feet to an iron pin
set; thence leaving the right of
way of Pittman’s Bridge Road
South 49 degrees 44’ East
20.0 feet to a point; thence
South 49 degrees 44’ East
144.0 feet to an iron pin found;
thence along the line of Francis
Cowart South 37 degrees 17’
West 1329.2 feet to an iron pin
set; thence South 58 degrees
37’ East 1224.3 feet to an iron
pin set; thence along the line
of Joe Ed Tolbert South 47
degrees 30’ West 603.0 feet to
an iron pin set; thence along
the line formerly of Mrs. Vassie
Coleman North 68 degrees
58’ West 1961.9 feet to an
iron pin set; thence along the
line of formerly Mrs. Vassie
Coleman North 6 degrees 38’
West 1523.2 feet to an iron pin
set on the right of way Kings
Bridge Road; thence North 51
degrees 24’ East 341.6 feet
to the centerline of Pittman’s
Bridge Road and the point of
BEGINNING.
DEED REFERENCE: Deed
Book 16-E, Page 521, Jackson
County, Georgia Records.
The debt secured by said
Deeds To Secure Debt and
Supplemental Security
Deed and Additional Loan
Agreement, being in default,
said powers contained there
in will be exercised and the
land will be sold as property
of GLENN R. DAVID by the
undersigned, as Attorney in
Fact for the said GLENN R.
DAVID.
Said property shall be sold
subject to any and all outstand
ing easements and rights-of-
ways, restrictions of record, if
any, and to all unpaid taxes
and assessments. The sale
will be conducted subject (1)
to confirmation that the sale is
not prohibited under the U.S.
Bankruptcy Code; (2) to final
confirmation and audit of the
status of the loan with the hold
er of the security deed; and,
(3) said property is subject to
an Agricultural Conservation
Covenant.
The proceeds from said sale
will be applied to the payment
of the above-styled indebted
ness, the expenses of the pro
cedure, attorney’s fees (notice
as required in Sec. 13-1-11,
O.C.G.A., 1982, as amended,
having been sent as required),
and the balance, if any, shall
be applied as provided in
said Deeds To Secure Debt
and Supplemental Security
Deed and Additional Loan
Agreement. Proper convey
ance will be made to the pur
chaser at the said sale by the
undersigned acting as Attorney
in Fact for the said GLENN R.
DAVID.
Pursuant to §44-14-162.2(a)
& (b), O.C.G.A. 1982 as
amended, a copy of this Notice
has been mailed to the Debtor
and Guarantor. The individual
on behalf of Community Bank
and Trust who has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is:
Greg Reicht
P. O. Box 1900
Cornelia, Georgia 30531
1-706-778-2264
To the best knowledge,
information, and belief of
COMMUNITY BANK AND
TRUST the premises are open
land.
Pursuant to the Fair Debt
Collection Practices Act, it is
required that the following is
stated: “This document is an
attempt to collect a debt and
any information obtained will
be used for that purpose”. [15
U.S.C. Section 1692e(11).j
This 26th day of January,
2009.
COMMUNITY BANK AND
TRUST
ELTON COLLINS, President
As Attorney in Fact for
GLENN R. DAVID
GREGORY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(FE4,11,18,25P4)
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
evidenced by the Note (as here
inafter described), secured by
a Real Estate Deed to Secure
Debt from TRITON HOMES,
INC. (hereinafter referred to
as “Grantor”) to MOUNTAIN
VALLEY COMMUNITY BANK,
dated February 22, 2007, filed
for record in Deed Book 47-S,
Page 453, in the Office of the
Clerk of the Superior Court
of Jackson County, Georgia
(hereinafter called the “Security
Deed”), the undersigned,
Mountain Valley Community
Bank, pursuant to said Security
Deed and that certain Universal
Note dated July 21, 2008 in
the original principal amount
of $145,564.00 (hereinafter
referred to as the “Note”) has
declared the entire amount of
said indebtedness due and
payable. Therefore, pursuant
to and by virtue of the power of
sale contained in the Security
Deed, there will be sold by the
undersigned at public outcry to
the highest and best bidder for
cash before the Courthouse
door on the courthouse steps
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,
together with all improvements
thereon, situate, lying and
being in the 245th and 248th
District, G.M., Jackson County,
Georgia, being Lot 73 Pod
P of Traditions of Braselton
Subdivision, Phase 2, as
per plat thereof recorded in
Plat Book 64, Pages ISO-
152, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description, together with all
fixtures and personal property
attached to and constituting
a part of said property, and
replacements and additions.
TOGETHER WITH all of the
buildings, building materials,
fixtures and improvements on,
in and to the property and all
easements, rights, rents, royal
ties, mineral, oil and gas rights,
profits and water rights.
The indebtedness secured
by the Security Deed has
been and is hereby declared
due because of default under
the terms of said Note and
Security Deed. The indebt
edness remaining in default,
the sale will be made for the
purpose of applying the pro
ceeds thereof to the payment
of the indebtedness secured
by the Security Deed, accrued
interest and expenses of the
sale, and all other payments
provided for under the Security
Deed, including permitted
attorneys’ fees as provided in
the Note and Security Deed,
notice of intention to collect
attorneys’ fees and expenses
of the foreclosure having been
given as provided by law and
as provided by the terms of the
Security Deed; and the remain
der, if any, shall be applied as
provided by law.
To the best knowledge and
belief of the undersigned,
Triton Homes, Inc. is in pos
session of said property. Said
property will be sold subject to
any prior restrictive covenants,
easements, rights-of-way,
valid zoning ordinances, mat
ters which would be disclosed
by an accurate survey of the
property or by an inspection
of the property, and any liens
or encumbrances superior to
the Security Deed first set out
above, and subject to all out
standing taxes, assessments,
and utility bills which may con
stitute a lien against said prop
erty, whether due and payable
or not yet due and payable.
Mountain Valley Community
Bank hereby notifies
Grantor that Mountain Valley
Community Bank remains the
holder of the security inter
est set forth in the Security
Deed. Grantor may commu
nicate with Mountain Valley
Community Bank by contact
ing Mr. Don Allison, Mountain
Valley Community Bank, 136
North Main Street, Cleveland,
Georgia 30528, or by tele
phone at (706) 348-6822. Mr.
Allison has full authority to
negotiate, amend, and modify
all terms of the Security Deed
with Grantor.
MOUNTAIN VALLEY
COMMUNITY BANK, as
Attorney-in-Fact for TRITON
HOMES, INC.
Thomas E. Austin, Jr.,
Attorney for Mountain Valley
Community Bank
Thomas E. Austin, Jr., LLC
3340 Peachtree Road, N.E.
Suite 1760
Atlanta, Georgia 30326
(404) 814-3755
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
Georgia, Jackson County
By virtue of a Power of
Sale contained in that cer
tain Security Deed from
ELIA URIBE-PEREZ to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nomi
nee for COUNTRYWIDE
HOME LOAN, INC., dated
April 29, 2005, recorded June
7, 2005, in Deed Book 39-D,
Pages 758-770, Jackson
County, Georgia Records, said
Security Deed having been
given to secure a Note of even
date in the original principal
amount of ONE HUNDRED
EIGHTEEN THOUSAND
THREE HUNDRED TWENTY
AND 00/100 DOLLARS
($118,320.00), with interest
thereon as provided for there
in, said Security Deed hav
ing been last sold, assigned
and transferred to Bank Of
New York As Trustee For The
Certificateholders CWALT,
Inc. Alternative Loan Trust
2005-26CB Mortgage Pass-
Through Certificates, Series
2005-26CB, 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 March, 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 245th
GMD of Jackson County,
Georgia, and being designated
as Lot 29, Block A, of Arbors
of Jefferson Subdivision,
according to that plat of survey
recorded in Plat Book 62, Page
278, Jackson County, Georgia
Records, which plat is incorpo
rated herein and made a part
hereof by reference thereto for
a more complete description of
the property conveyed herein.
Said property is common
ly known as 555 Silver Bell
Road, Jefferson, GA 30549.
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 outstanding
taxes, including but not limited
to ad valorem taxes, which
constitute liens upon said prop
erty; special assessments; all
outstanding bills for public utili
ties which constitute liens upon
said property; all restrictive
covenants, easements, rights-
of-way and any other mat
ters of record superior to said
Security Deed. To the best
of the knowledge and belief
of the undersigned, the party
in possession of the property
is Raul Uribe Ocampo, Elia
Uribe-Perez 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.
BANK OF NEW YORK
AS TRUSTEE FOR THE
CERTIFICATEHOLDERS
CWALT, INC. ALTERNATIVE
LOAN TRUST 2005-
26CB MORTGAGE PASS
THROUGH CERTIFICATES,
SERIES 2005-26CB as
Attorney in Fact for ELIA
URIBE-PEREZ
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.
215400.5858
WWW.ADORNO.COM/
ATLDOCS/SALES.HTML
(FE4,11,18,25B/13997-60)
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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 VAN E. SLUSSER
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated April 15, 2005, in
the amount of $75,520.00, and
recorded in Deed Book 38-M,
Page 421, Jackson County,
Georgia Records, as last
transferred to EMC Mortgage
Corporation by assignment, the
undersigned, EMC Mortgage
Corporation 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 March,
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
situate, lying and being in the
253rd District, GM, Jackson
County, Georgia, designated
as Lot 10, containing 0.750
acres, more or less, of Quiet
Oaks Subdivision, prepared
by Venable & Associates, Inc.,
certified by Allen L. Venable,
Jr. GRLS No. 1761, dated April
20, 1999, and being of record
in the Office of the Clerk of
Superior Court for Jackson
County, Georgia, in Plat Book
54, Page 36; which said plat
and the recording thereof are
by reference hereto incorporat
ed herein for a more complete
and detailed description.
which has the property
address of 243 Autunm Drive,
Nicholson, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants or
restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Van E.
Slusser 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.
EMC Mortgage Corporation
Attorney in Fact for Van E.
Slusser
Anthony DeMarlo, Attorney/
smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-19882 /FNMA
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.
(FE4,11,18,25B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of the power of
sale contained in a Deed to
Secure Debt and its modifica
tions from MARY L. ARWOOD
to VESTER DILLS, dated
August 27, 2008, and securing
and original indebtedness in
the amount of $53,000.00, and
recorded at Deed Book 53-E,
Pages 213-217, in the Office
of the Clerk of Superior Court
of Jackson County, Georgia,
there will be sold by the under
signed at public outcry to
the highest bidder for cash
before the Courthouse door
of Jackson County, Georgia,
during the legal hours of sale
on the first Tuesday in March,
2009, the following described
property, to wit:
All that tract or parcel of
land lying and being in the
242 GMD, Jackson County,
Georgia, containing 1.50
acres, more or less, as shown
on plat and survey of Venable
& Associates, Inc., Surveyors,
dated October 4, 1991, and
recorded in the Office of the
Clerk of Superior Court of
Jackson County, Georgia, in
Plat Book 48, Page 197. For
detailed description to said
tract, reference is hereby made
to said plat as recorded.
The debt secured by said
instrument having been
declared due because of
default in payment, this sale
will be made for the purpose
of satisfying said indebtedness
and any other indebtedness
secured by said property and all
expenses of this sale, including
attorney’s fees. This property
will be sold as the property of
Mary L. Arwood, subject to any
taxes, easements and assess
ments appearing of record.
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.
To the best of the under
signed’s knowledge, the prop
erty is in the possession of
Mary L. Arwood.
Vester Dills, as attorneys in
fact for Mary L. Arwood.
Scott R. Tolbert
Tolbert Bradford, LLC
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.tolbertbradford.com
(FE4,11,18,25B/344-40)
gpnll
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 JANET HOLLIS
and KRISTI HOLLIS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated August 24, 2006, in
the amount of $111,650.00, and
recorded in Deed Book 45-G,
Page 156, Jackson County,
Georgia Records, as last trans
ferred to Mortgage Electronic
Registration Systems, Inc.
as nominee for Taylor, Bean
& Whitaker Mortgage Corp.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc. as
nominee for Taylor, Bean &
Whitaker Mortgage Corp. pur
suant 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 March, 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 designated as Lot
3 on that plat of survey dated
August 29, 1988, for David
Underwood as recorded in Plat
Book 30, Page 173, in the
Office of the Clerk of Superior
Court for Jackson County,
Georgia, said plat being incor
porated herein be reference.
Said property being more par
ticularly described according to
said plat as follows:
To find the True Point of
Beginning at an iron pin found
on the Northerly Right-of-
Way of Mountain Creek Road
2,667.24 feet Southerly form
the centerline of Mountain
Church Road; thence along a
twenty (20.00) foot wide ease
ment granted herein, North
37 degrees 49 minutes East
420.32 feet to an iron pin set
to the True Point of Beginning;
thence North 88 degrees 01
minutes West 141.14 feet to
an iron pin set; thence North
13 degrees 52 minutes East
262.18 feet to an iron pin set;
thence North 77 degrees 02
minutes East 349.40 feet to
a rock found; thence South
37 degrees 49 minutes West
427.68 feet to the True Point of
Beginning.
Further granted herein is a
twenty (20.00) foot wide ease
ment for ingress and egress
to said property as shown on
said plat.
which has the property
address of 1816 Mountain
Creek Drive, Pendergrass,
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 Janet Hollis and
Kristi Hollis and the proceeds
of said sale will be applied to
the payment of said indebted
ness, the expense of said sale,
all as provided in said deed,
and the undersigned will exe
cute a deed to the purchaser
as provided in the aforemen
tioned Security Deed.
Mortgage Electronic
Registration Systems, Inc.
as nominee for Taylor, Bean
& Whitaker Mortgage Corp.
Attorney in Fact for Janet Hollis
and Kristi Hollis
continued on following page