Newspaper Page Text
PAGE 14C
THE JACKSON HERALD
WEDNESDAY, MARCH 11, 2009
Public Notices Continued
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 lim
ited 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 cov
enants, easements, rights-of-
way and any other matters of
record superior to said Security
Deed. To the best of the knowl
edge and belief of the under
signed, the party in possession
of the property is Ricardo E.
Rieffel II 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 HOME
LOANS SERVICING, LP as
Attorney in Fact for RICARDO
E. RIEFFEL II
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.
215400.6351
WWW.ADORNO.COM/
ATLDOCS/SALES. HTM L
(MAH, 18,2 5, API B/13997-60)
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 with
that certain Deed to Secure
Debt dated December22,2006,
from ROBERT METCALF
and ALICE F. METCALF to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., as nominee for
EQUIFIRST CORPORATION,
recorded on January 2, 2007,
in Deed Book 46-Z at Page
478, in the office of the Clerk of
the Superior Court of Jackson
County, Georgia, and said
Deed to Secure Debt having
been given to secure a note
dated December 22, 2006, in
the amount of $315,000.00,
said note being in default, the
undersigned will sell at public
outcry during the legal hours
of sale before the door of the
courthouse of Jackson County,
Georgia, on April 7, 2009, the
following described real prop
erty (hereinafter referred to as
the “Property”):
All that tract or par
cel of land lying and being
in the 248 G.M.D., Jackson
County, Georgia, being Lot
91, Southhampton Falls
Subdivision, as per plat record
ed in Plat Book 62, at Pages
95-103, Jackson County
Records, which plat is incorpo
rated herein and made a part
hereof by reference.
The debt secured by the
Security Deed and evidenced
by the note and has been, and
is hereby, declared due and
payable because of, among
other possible events of default,
failure to make the payments
as required by the terms of
the Note. The debt remain
ing is in default and this sale
will be made for the purposes
of paying the Deed to Secure
Debt, accrued interest, and all
expenses of the sale, includ
ing attorneys’ fees. Notice of
intention to collect attorneys’
fees has been given as pro
vided by law. To the best of
the undersigned’s knowledge,
the person(s) in possession
of the property is/are Robert
Metcalf and Alice F Metcalf.
The property, being com
monly known as 52 Montvale
Dr, Hoschton, GA 30548
in Jackson County, will be
sold as the property of Robert
Metcalf and Alice F. Metcalf,
subject to any outstanding ad
valorem taxes (including taxes
which are a lien and not yet
due and payable), any matters
affecting title to the property
which would be disclosed by
accurate survey and inspection
thereof, and all assessments,
liens, encumbrances, restric
tions, covenants, and matters
of record to the Security Deed.
Albertelli Law Attorney for
U.S. Bank National Association
as Trustee under Pooling and
Servicing Agreement dated as
of May 1, 2007 MASTR Asset
Backed Securities Trust 2007-
HE1 Mortgage Pass-Through
Certificates Series 2007-HE1
as Attorney in Fact for Robert
Metcalf and Alice F. Metcalf
100 Galleria Parkway, Suite
900
Atlanta, GA 30339
Phone: (866)690-0418
By: James E. Albertelli, Esq.
09-16255
(MA11,18,25,AP1P4)
gpnll
Notice of Sale
Advertisement of Sale Under Power of Sale
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
(the “Security Deed”) from DMJ
CUSTOM HOMEBUILDERS,
INC. to NORTHEAST
GEORGIA BANK, dated March
28, 2006, recorded March 31,
2006, in Deed Book 43-G,
Pages 390-392, records of
Jackson County, Georgia as
last modified March 28, 2008,
by modification recorded in
Deed Book 51-Y, Pages 377-
378, Jackson County, Georgia;
the Security Deed secures
Note dated March 28, 2008,
in the original principal amount
of $106,706.68, plus interest;
there will be sold by the under
signed at public outcry to the
highest and best bidderforcash
before the Courthouse door at
Jackson County, Georgia, with
in the legal hours of sale on the
first Tuesday in April 2009, the
following described property
and improvements, to wit:
DESCRIPTION
All that tract or parcel of
land lying and being in the
248 G.M.D., Jackson County,
Georgia, being Lot 65, Pod
N, Traditions of Braselton
Subdivision, as per plat
recorded in Plat Book 64,
at Pages 97-98, Office of
the Clerk of Superior Court
of Jackson County, Georgia,
which recorded plat is incorpo
rated herein by reference and
made a part hereof. Subject to
all easements and restrictions
of record.
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, non-payment
of said loan. The debt remain
ing in default, this sale will be
made for the purpose of paying
the same and all expenses of
this sale, including attorney’s
fees.
Said property will be sold as
the property of DMJ Custom
Homebuilders, Inc., and sub
ject to the outstanding ad valor
em taxes and/or assignments
if any, and further subject to
the outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by DMJ Custom
Homebuilders.
THIS IS AN ATTEMPT TO
COLLECT A DEBT. AND ANY
INFORMATION
OBTAINED
WILL BE USED
FOR THAT
PURPOSE.
NORTHEAST
GEORGIA
BANK As Attorney-in-fact for:
DMJ Custom Homebuilders,
Inc.
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(MA11,18,25,AP1P4)
gpnll
Notice of Sale
Advertisement of Sale Under Power of Sale
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
(the “Security Deed”) from DMJ
CUSTOM HOMEBUILDERS,
INC. to NORTHEAST
GEORGIA BANK, dated March
28, 2006 recorded March 31,
2006, in Deed Book 43-G,
Pages 387-389, records of
Jackson County, Georgia as
last modified March 28, 2008
by modification recorded in
Deed Book 51-Y, Pages 373-
374, Jackson County, Georgia;
the Security Deed secures
Note dated March 28, 2008,
in the original principal amount
of $110,120.49, plus interest;
there will be sold by the under
signed at public outcry to the
highest and best bidderforcash
before the Courthouse door at
Jackson County, Georgia, with
in the legal hours of sale on the
first Tuesday in April 2009, the
following described property
and improvements, to wit:
DESCRIPTION
All that tract or parcel of
land lying and being in the
248 G.M.D., Jackson County,
Georgia, being Lot 66, Pod
N, Traditions of Braselton
Subdivision, as per plat
recorded in Plat Book 64,
at pages 97-98, Office of
the Clerk of Superior Court
of Jackson County, Georgia,
which recorded plat is incorpo
rated herein by reference and
made a part hereof. Subject to
all easements and restrictions
of record.
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, non-payment
of said loan. The debt remain
ing in default, this sale will be
made for the purpose of paying
the same and all expenses of
this sale, including attorney’s
fees.
Said property will be sold as
the property of DMJ Custom
Homebuilders, Inc., and sub
ject to the outstanding ad valor
em taxes and/or assignments
if any, and further subject to
the outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by DMJ Custom
Homebuilders.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
NORTHEAST GEORGIA
BANK As Attorney-in-fact for:
DMJ Custom Homebuilders,
Inc.
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(MA11,18,25,AP1P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of power of sale
contained in Consumer Deed
to Secure Debt from PAMELA
S. HOLLIS to ATHENS FIRST
BANK & TRUST COMPANY,
now known as AFB&T, a
Georgia state bank, dated
December 19, 2002, record
ed in Deed Book 28-P, Page
113, in the Office of the Clerk
of the Superior Court of
Jackson County, Georgia and
Modification Agreement dated
January 13, 2006, from Pamela
S. Hollis to AFB&T recorded in
Deed Book 42-M, Page 84 in
said Clerk’s Office, (hereinafter
“Security Deed”) said Security
Deed securing a note dated
January 13, 2006 in the original
principal amount of $64,827.19
with interest from date at the
rate specified in the note on the
unpaid balance until paid, there
will be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse door in Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in April, 2009, the
following described property
(together with and including all
buildings and improvements
now or hereafter existing there
on, and all fixtures now or here
after attached to or used in
connection therewith), to-wit:
All that tract or parcel of
land located in Jackson
County, Georgia, more particu
larly described on Exhibit “A”
attached hereto and by refer
ence made a part hereof:
Exhibit “A”
A certain tract or parcel of
land lying and being in the
253rd District, G.M., Jackson
County, Georgia, within the
City of Nicholson, being shown
and designated as Lot Fifty
(50), Quail Ridge Subdivision,
and having such areas, cours
es, directions, dimensions,
distances, metes, shapes, and
bounds as shown by plat made
by Clelland A. Tyson, Surveyor,
recorded in July 11, 1989, in
Plat Book 29, at Page 181,
records of Jackson County,
Georgia, to which reference is
made and the description and
record thereof incorporated
herein as a part of this descrip
tion by reference thereto.
This property is conveyed
subject to any and all ease
ments and rights of ways
of record, also subject to
Restrictive Covenants record
ed June, 1989 in Deed Book
10-T, Pages 75-80, records of
Jackson County, Georgia.
Reference is made to
Certificate of Name Change
from Athens First Bank & Trust
Company to AFB&T recorded
in Deed Book 0052L, page
0149 in said Clerk’s Office. The
debt secured by said Security
Deed has been and is here
by declared due because of,
among other possible events
of default, nonpayment of the
monthly installments on said
loan, and the loan has matured
by its terms and not been paid.
Default having continued for a
period of more than thirty (30)
days after notice thereof and
opportunity to cure, said default
not being cured, and the debt
remaining in default, the sale
will be made for the purpose
of paying the same and all
expenses of the sale, including
any accrued attorney’s fees.
Said property will be sold
by AFB&T, formerly known
as Athens First Bank & Trust
Company, as Attorney in Fact
for Pamela S. Hollis, subject
to any outstanding ad valorem
taxes and/or assessments, and
matters of record, if any, hav
ing priority over the Security
Deed.
To the best of the knowledge
and belief of AFB&T, formerly
known as Athens First Bank
& Trust Company, the person
in possession of the property
known as 365 Quail Ridge
Drive, Nicholson, Georgia
30565-1852 is Pamela S. Hollis
or persons claiming under her.
The name, address and tele
phone number of the individual
or entity who has full author
ity to negotiate, amend and
modify all terms of the Security
Deed is Ms. Lori Martin, Vice
President, AFB&T, Mailing
address: AFB&T, Attention:
Lori Martin, Post Office Box
1747, Athens, Georgia 30603;
Physical Address: AFB&T,
Attention: Lori Martin, 150
West Hancock Avenue, Athens
Georgia 30601; Telephone
number: (706) 357-7015, pro
vided however, AFB&T is not
required to negotiate, amend
or modify the terms of the
Security Deed.
Said property will be sold and
deed executed by the under
signed to the purchaser and
the proceeds of sale applied
by the undersigned, all as pro
vided in said power of sale and
said Security Deed containing
said power.
AFB&T, formerly known
as ATHENS FIRST BANK &
TRUST COMPANY, asAttorney
in Fact for Pamela S. Hollis
DARREL BEGNAUD
BEGNAUD & MARSHALL,
LLP
Post Office Box 8085
Athens, Georgia 30603
(706) 316-1150
(706) 316-1153 fax
E-mail: dbegnaud@ath-
ens1867.com
THIS COMMUNICA-TION IS
FROM A DEBT COLLECTOR.
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MAU, 18,2 5, API B/313 T4P)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia, County of Jackson
Under and by virtue of
the power of sale contained
in that certain Construction
Deed to Secure Debt, Security
Agreement, Assignment
of Leases and Rents, and
Assignment of Contracts and
Plans from the following grant
or: ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC. (f/k/a HOMELIFE
COMMUNITIES OF
NORTH EAST ATLANTA, INC.),
(the “Grantor”) to KEYBANK
NATIONAL ASSOCIATION
(the “Lender”), dated February
7, 2007, recorded at Deed
Book 470, page 70, Jackson
County Records (as modified,
renewed, restated or other
wise amended from time to
time, and hereinafter referred
to as the “Security Deed”),
said Security Deed currently
securing debts (collectively the
“Secured Debt”) evidenced
by (i) those certain Revolving
Loan Promissory Notes in the
maximum aggregate principal
amount of SIXTY MILLION
AND 00/100 DOLLARS
($60,000,000.00), executed
by Atreus Communities of
America, LLC (f/k/a Homelife
Communities of America, LLC)
(“Atreus Communities”), as
thereafter joined in and exe
cuted by Atreus Homes and
Communities of America, LLC
(“Atreus Homes") and made
payable to the order of Lender
(as modified, renewed, restat
ed or otherwise amended from
time to time, and hereinafter
collectively referred to as the
“Atreus Communities Notes”),
together with interest thereon
as provided therein and in
the Security Deed and (ii) the
Related Loan Documents (as
defined in the Security Deed),
including, without limitation, that
certain Promissory Note dated
as of June 29, 2007 in the max
imum principal amount of FIVE
MILLION TWO HUNDRED
THIRTY FIVE THOUSAND
NINE HUNDRED THIRTY
FOUR AND 00/100 DOLLARS
($5,235,934.00) executed by
Atreus Communities of New
Mexico, Inc. (f/k/a Homelife
Communities of New Mexico,
Inc.) (“Atreus New Mexico”)
and made payable to the
order of Lender (as modified,
renewed, restated or otherwise
amended from time to time,
and hereinafter referred to as
the “Atreus New Mexico Note”),
together with interest thereon
as provided therein and in the
Security Deed, and that certain
Promissory Note dated as of
May 16,2007 in the original prin
cipal amount of ONE MILLION
EIGHTY SEVEN THOUSAND
FIVE HUNDRED AND 00/100
DOLLARS ($1,087,500.00)
executed by AC Land &
Development, LLC (f/k/a HLC
Land & Development, LLC)
(“AC Land”, and together with
Atreus Communities, Atreus
Homes and Atreus New Mexico,
collectively the “Borrower”) (as
modified, renewed, restated
or otherwise amended from
time to time, and hereinafter
referred to as the “AC Land
Note”, and together with the
Atreus Communities Notes
and the Atreus New Mexico
Note collectively the “Notes”),
together with interest thereon
as provided therein and in the
Security Deed, there will be
sold by the undersigned at pub
lic outcry before the door of the
Courthouse of Jackson County,
Georgia during the legal hours
of sale on the first Tuesday in
April, 2009, to the highest and
best bidder for cash, the fol
lowing described real property:
SEE EXHIBIT “A”, ATTACHED
BELOW.
The Secured Debt has been
and is hereby declared due
because of default, including
(without limitation) the failure
of the Borrower to pay same
as and when due at matu
rity; said Secured Debt remain
ing in default, this sale will be
made for the purpose of pay
ing same and all expenses of
sale, including all lawful costs,
expenses, and attorney’s fees
as provided in said Notes and
Security Deed (notice of intent
to collect attorneys fees having
been given). Said property will
be sold subject to any and all
outstanding ad valorem taxes
and assessments (including
taxes which are a lien, not yet
due and payable); to all mat
ters that would be disclosed by
a current and accurate survey
and inspection of the property,
and to any liens, encumbranc
es, zoning ordinances, restric
tions, covenants, easements,
and other like matters of record
superior to said Security Deed.
The sale will further be con
ducted subject to: (1) confirma
tion that the sale is not prohib
ited under the U.S. Bankruptcy
Code, and (2) to final confirma
tion and audit of the status of
the loan with the holder of the
Security Deed. Lender has
complied with statutes to the
extent required.
To the best of the knowl
edge and belief of the under
signed, the party in possession
of the said property is Atreus
Communities of Northeast
Atlanta, Inc. (f/k/a Homelife
Communities of Northeast
Atlanta, Inc.) or a tenant or ten
ants claiming under same.
KeyBank National
Association, attorney-in-fact
for Atreus Communities of
Northeast Atlanta, Inc. (f/k/a
Homelife Communities of
Northeast Atlanta, Inc.) as
aforesaid
Sean A. Gordon
Thompson Hine LLP
One Atlantic Center, Suite
2200
1201 West Peachtree Street
Atlanta, Georgia 30309-
3449
Phone: (404) 407-3645
(Atreus Communities of
Northeast Atlanta, Inc. Loan
Number 9971568-9001)
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE
Exhibit A
All that tract or parcel of
land lying in porter’s GMD
1765 of Jackson County,
Georgia and being Lots 29
through 38; Lots 90 through
93; and Lots 97 through 108 of
Liberty Crossing Subdivision,
Unit One, as per plat of
same recorded at Plat Book
68, Pages 282-286, Jackson
County Records, as revised at
Plat Book 68, Pages 290-295,
Jackson County Records and
also Lots 52 through 58; Lots
60 through 64; Lots 78 through
85, and Lots 139 through 144,
as per recorded plat of Liberty
Crossing Subdivision, Unit
One, recorded at Plat Book
70, Pages 162-166, Jackson
County Records which plats
are incorporated herein by this
reference for all purposes.
Less and except the follow
ing lots:
All that tract or parcel of
land lying and being in Porter’s
GMD 1765 of Jackson County,
Georgia, and being Lots 29,
30, 36, 37,91,97, 98, 105, 106
and 107 of Liberty Crossing
Subdivision, Unit One, as per
plat of same recorded at Plat
Book 68, Pages 282-286,
Jackson County Records, as
revised at Plat Book 68, Pages
290-295, Jackson County
Records.
(MA11,18,25,AP1P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by JOHNNY
GLENN to AMERICAN
EQUITY MORTGAGE, INC.
dated December 29, 2005, in
the amount of $148,000.00,
and recorded in Deed Book
42-D, Page 36, Jackson
County, Georgia Records, as
last transferred to HSBC Bank
USA, National Association as
Trustee for ACE Securities
Corp. Home Equity Loan Trust,
Series 2006-OP1 Asset Backed
Pass-Through Certificates by
assignment; the undersigned,
HSBC Bank USA, National
Association as Trustee for ACE
Securities Corp. Home Equity
Loan Trust, Series 2006-OP1
Asset Backed Pass-Through
Certificates 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 April,
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
1765th District, Jackson
County, Georgia, being Lot
24 of Evanwood Subdivision
and being more particularly
described in the plat recorded
in Plat Book 57, Page 171,
Jackson County, Georgia
Records.
which has the property
address of 174 Lauren Marie
Drive, Braselton, 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 property.
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 Johnny
Glenn 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.
HSBC Bank USA, National
Association as Trustee for ACE
Securities Corp. Home Equity
Loan Trust, Series 2006-OP1
Asset Backed Pass-Through
Certificates Attorney in Fact for
Johnny Glenn
Anthony DeMarlo, Attorney/
smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-19491 /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.
(MA11,18,25,AP1B/1325-50)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebtedness
secu red by a Secu rity Deed exe
cuted by PHYLISS COLLINS
and KENNETH WIGGINTON
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 7, 2008, in the
amount of $145,847.00, and
recorded in Deed Book 0052-
C, Page 0350, Jackson County,
Georgia Records, as last trans
ferred to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc. 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 April,
2009, during the legal hours of
sale, at the Courthouse door in
Jackson County, sell at public
continued on following page