Newspaper Page Text
WEDNESDAY, MARCH 11, 2009
THE JACKSON HERALD
PAGE 21C
Public Notices Continued
which has the property
address of 321 Finch Way,
Jefferson, 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 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 Ryan Boyd
and the proceeds of said sale
will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute
a deed to the purchaser as
provided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Ryan Boyd
Anthony DeMarlo, Attorney/
ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04071 /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.
(MAH, IS,25, AP1B/1325-50)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in a
Security Deed from JAMES A.
ARMSTRONG to CONSECO
FINANCE SERVICING
CORP. n/k/a GREEN TREE
SERVICING LLC, dated
FEBRUARY 28, 2001, and
recorded on APRIL 24, 2001,
in DEED BOOK 23-G, PAGE
213, of the JACKSON County,
Georgia Records; conveying
the after-described property to
secure a Note in the original
principal amount of NINETY-
THREE THOUSAND SEVEN
HUNDRED SEVENTY-FOUR
Dollarsand45/100(893,774.45)
with interest thereon as set
forth therein, 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 APRIL, 2009, the
following described property:
All that tract or parcel of land
and all improvements thereon,
lying and being in the 245th
GMD, the City of Arcade, the
County of Jackson, the State
of Georgia, being known as
Farm(s) #48 in Trotter’s Ridge
Farms Subdivision as shown
on Plat Book 46, Page 114,
Clerk’s Office, Jackson County
Superior Court, to which ref
erence is hereby made for a
more complete description and
containing 2.4 acres.
Together with that certain
housing unit which was former
ly personalty but is now per
manently annexed and affixed
to the above described land as
a permanent improvement and
which is the subject of Georgia
Motor Vehicle Certificate of
Title No. PH1411181, and all
rights thereunto appertaining.
The indebtedness secured
by said Security Deed has been
and is hereby declared due and
payable because of, among
other possible events of default,
non-payment of the monthly
installments as required by
said 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) and all other
payments provided for under
the terms of the Security Deed
and Note.
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 matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, 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.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Green Tree Servicing LLC, 225
Townpark Drive, Suite 325,
Kennesaw, Georgia 30144,
(800) 282-4153.
To the best of the under
signed’s knowledge and belief,
said property is also known as
285 Trotters Ridge, Jefferson,
Georgia 30549, and the party
in possession of the property is
James A. Armstrong or a ten
ant or tenants of said property.
CONSECO FINANCE
SERVICING CORR N/K/A
GREEN TREE SERVICING
LLC As Attorney-in-Fact for
JAMES A. ARMSTRONG
Kenney, Solomon & Medina,
P.C.
3675 Crestwood Parkway,
Suite 300
Duluth, Georgia 30096
(770) 564-1600
THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MAH, 1S,25,AP1B/1332-60T1)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by LESLIE A.
FRANK to WELLS FARGO
HOME MORTGAGE, INC.
dated August 10, 2001, and
recorded in Deed Book 24-D,
Page 732, Jackson County
Records, said Security Deed
having been last sold, assigned,
transferred and conveyed to
Countrywide Home Loans,
Inc., by Assignment securing
a Note in the original princi
pal amount of $114,207.00,
the holder thereof pursuant to
said Deed and 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, April 7, 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
253rd (Newton) District G.M.,
Jackson County, Georgia,
and in the City of Nicholson,
Georgia, containing 0.615
acres, more or less, as more
particularly described according
to a plat prepared by Ingram,
Lord & Associates, Registered
Surveyors, dated December
3, 1999, and recorded in the
Office of the Clerk of Superior
Court of Jackson County,
Georgia, in Plat Book 54, Page
166. Said survey is incorpo
rated herein by reference for
a more detailed description of
said property. Subject to exist
ing easements and right of way
for public utilities and rights of
way now in use.
Said property is known as 323
Mulberry Street, Nicholson,
GA 30565, 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 Leslie A. Frank,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being pres
ently in the possession of Leslie
A. Frank, 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
distributed as provided by law.
Countrywide Home Loans,
Inc. as Attorney-in-Fact for
Leslie A. Frank
File no. 06-3680
L. J. SWERTFEGER, JR.
SHAPIRO&SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/LS
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]
(MAH, IS, 2 5, API B/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 indebted
ness secured by a Security
Deed executed by AUSTIN O.
BOWEN to FT MORTGAGE
COMPANIES d.b.a.
HOMEBANC MORTGAGE
CORPORATION dated April
22, 1996, and recorded in
Deed Book 15-N, Page 631,
Jackson County Records, said
Security Deed having been last
sold, assigned, transferred and
conveyed to Wells Fargo Bank,
N.A., by Assignment securing
a Note in the original princi
pal amount of $74,800.00,
the holder thereof pursuant to
said Deed and 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, April 7, 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
1407th District, G.M., Jackson
County, Georgia, being Lot
9, of Panther Creek Estates,
Phase One, as per plat thereof
recorded in Plat Book 35, Page
22, Jackson County Records,
said plat being incorporated
herein by reference thereto.
Said property is known as
134 Panther Court, 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 Austin O.
Bowen, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Austin O. Bowen, 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.
Wells Fargo Bank, N.A. as
Attorney-in-Fact for Austin O.
Bowen
File no. 07-0842
L. J. SWERTFEGER, JR.
SHAPIRO&SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/LS
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]
(MA11,18,25,AP1 B/1323-50T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Jackson County
State of Georgia
By virtue of Power of
Sale contained in the Deed
to Secure Debt (“Security
Deed”) from LEGACY SOUTH
PROPERTIES, INC. (“Grantor”)
to SECURITY BANK OF
GWINNETT COUNTY
(“Grantee”), dated November
30, 2007, Filed December 10,
2007, recorded in Deed Book
50-W, Page 533, Jackson
County, Georgia Records, said
Security Deed being given to
secure a Note of even date in
the original principal amount
of $240,000.00, with interest
from said date at the rate as
provided therein 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 at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in April, 2009, the fol
lowing described real property:
Legal Description:
All that tract or parcel of
land lying and being in GMD
245, Jackson County, Georgia,
being Lot Number 20, Summit
Chase East Subdivision, as
shown by Warren S. Wood,
Georgia Registered Land
Surveyor # 2849, Dated
October 3rd, 2006, on plat of
said Subdivision recorded in
Jackson County plat records
at Plat Book 68, Pages 159-
161, and is incorporated herein
by reference for a more com
plete description. Subject to
all other easements, restric
tions, reservations and rights-
of-way of record, if any. Said
property is commonly known
as 568 Summit View Drive,
Jefferson, Georgia accord
ing to the present system of
numbering property in Jackson
County, Georgia.
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible events
of default, failure to comply with
the terms of the Note. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, including
attorneys’ fees.
To the best knowledge and
belief of Grantee, the above
described property is in the
possession of Legacy South
Properties, Inc. and will be sold
subject to the outstanding ad
valorem taxes and/or assess
ments, including taxes which
are a lien, but not yet due and
payable, any matters which
might be disclosed by an accu
rate survey, an inspection, any
assessments, liens encum
brances, zoning ordinances,
covenants, and matters of
record superior to the security
deed first set out above.
Security Bank of Gwinnett
County as Attorney-in-Fact for
Legacy South Properties, Inc.
C. Robin Wyatt, P.C.
P.O. Box 696
74 White Street
Hoschton, GA 30548
706-654-1654
(MA11,18,25,AP1P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Jackson County
State of Georgia
By virtue of Power of
Sale contained in the Deed
to Secure Debt (“Security
Deed”) from LEGACY
SOUTH PROPERTIES, INC.
(“Grantor”) to HOMESTEAD
BANK NKA SECURITY BANK
OF GWINNETT COUNTY
(“Grantee”), dated November
9, 2006, Filed November 29,
2006, recorded in Deed Book
46-N, Page 298, Jackson
County, Georgia Records, as
modified in Deed Book 51-A,
Page 367, aforesaid records,
said Security Deed being given
to secure a Note of even date
in the original principal amount
of $60,529.14, with interest
from said date at the rate as
provided therein 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 at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in April, 2009, the fol
lowing described real property:
Legal Description:
All that tract or parcel of
land lying and being in GMD
245, Jackson County, Georgia,
being Lot Number 28, Summit
Chase East Subdivision, as
shown by Warren S. Wood,
Georgia Registered Land
Surveyor # 2849, Dated
October 3rd, 2006, on plat of
said Subdivision recorded in
Jackson County plat records
at Plat Book 68, Pages 159-
161, and is incorporated herein
by reference for a more com
plete description. Subject to all
other easements, restrictions,
reservations and rights-of-way
of record, if any. Said prop
erty is commonly known as
74 Jennings Court, Jefferson,
Georgia, according to the
present system of numbering
property in Jackson County,
Georgia.
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible events
of default, failure to comply with
the terms of the Note. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, including
attorneys’ fees.
To the best knowledge and
belief of Grantee, the above
described property is in the
possession of Legacy South
Properties, Inc. and will be sold
subject to the outstanding ad
valorem taxes and/or assess
ments, including taxes which
are a lien, but not yet due and
payable, any matters which
might be disclosed by an accu
rate survey, an inspection, any
assessments, liens encum
brances, zoning ordinances,
covenants, and matters of
record superior to the security
deed first set out above.
Security Bank of Gwinnett
County as Attorney-in-Fact for
Legacy South Properties, Inc.
C. Robin Wyatt, P.C.
P.O. Box 696
74 White Street
Hoschton, GA 30548
706-654-1654
(MA11,18,25,AP1P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Jackson County
State of Georgia
By virtue of Power of
Sale contained in the Deed
to Secure Debt (“Security
Deed”) from LEGACY
SOUTH PROPERTIES, INC.
(“Grantor”) to HOMESTEAD
BANK nka SECURITY BANK
OF GWINNETT COUNTY
(“Grantee”), dated November
9, 2006, Filed November 29,
2006, recorded in Deed Book
46-N, Page 326, Jackson
County, Georgia Records, as
modified in Deed Book 51-A,
Page 365, aforesaid records,
said Security Deed being given
to secure a Note of even date
in the original principal amount
of $225,000.00, with interest
from said date at the rate as
provided therein 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 at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in April, 2009, the fol
lowing described real property:
Legal Description:
All that tract or parcel of
land lying and being in GMD
245, Jackson County, Georgia,
being Lot Number 35, Summit
Chase East Subdivision, as
shown by Warren S. Wood,
Georgia Registered Land
Surveyor # 2849, Dated
October 3rd, 2006, on plat of
said Subdivision recorded in
Jackson County plat records
at Plat Book 68, Pages 159-
161, and is incorporated herein
by reference for a more com
plete description. Subject to
all other easements, restric
tions, reservations and rights-
of-way of record, if any. Said
property is commonly known
as 139 Summit View Drive,
Jefferson, Georgia accord
ing to the present system of
numbering property in Jackson
County, Georgia.
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible events
of default, failure to comply with
the terms of the Note. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, including
attorneys’ fees.
To the best knowledge and
belief of Grantee, the above
described property is in the
possession of Legacy South
Properties, Inc. and will be sold
subject to the outstanding ad
valorem taxes and/or assess
ments, including taxes which
are a lien, but not yet due and
payable, any matters which
might be disclosed by an accu
rate survey, an inspection, any
assessments, liens encum
brances, zoning ordinances,
covenants, and matters of
record superior to the security
deed first set out above.
Security Bank of Gwinnett
County as Attorney-in-Fact for
Legacy South Properties, Inc.
C. Robin Wyatt, P.C.
P.O. Box 696
74 White Street
Hoschton, GA 30548
706-654-1654
(MA11,18,25,AP1P4)
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
CHRISTOPHER KREBS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., as nominee for
STONECREEK FUNDING
CORPORATION, dated May
17, 2006, recorded in Deed
Book44-D, Page 160, Jackson
County, Georgia Records, as
last transferred to Citibank,
N.A. as Trustee for the
Certificateholders of Structured
Asset Mortgage Investments
II, Inc., Bear Stearns ALT-A
Trust, Mortgage Pass-Through
Certificates Series 2006-5 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-
FIVE THOUSAND AND 0/100
DOLLARS ($135,000.00), 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 April, 2009, the fol
lowing 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 matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
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 prop
erty is Christopher Krebs or
a tenant or tenants and said
property is more commonly
known as 194 Rochester
Court, Braselton, Georgia
30517.
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.
Citibank, N.A. as Trustee
for the Certificateholders of
Structured Asset Mortgage
Investments II, Inc., Bear
Stearns ALT-A Trust, Mortgage
Pass-Through Certificates
Series 2006-5 as Attorney in
Fact for Christopher Krebs
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm01 4/7/09
Our file no. 5494109-FT1
EXHIBIT A
All that tract or parcel of land
lying and being in GMD 1765,
Jackson County, Georgia,
being Lot 52, Remington Park,
as shown on plat of said sub
division recorded in Jackson
County plat records at Plat
Book 57, Page 111, which plat
is incorporated herein by ref
erence for a more complete
description.
(MA11,18,2 5, API B/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 ALEX
A. ABIDAKUN to SUNTRUST
MORTGAGE, INC., dated
January 25, 2006, recorded in
Deed Book 42-K, Page 426,
Jackson County, Georgia
Records and as modified by
that certain Loan Modification
Agreement recorded in Deed
Book 46-R, Page 259, Jackson
County, Georgia Records, as
last transferred to SunTrust
Bank by assignment record
ed in Deed Book 54-H, Page
221, Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of FIVE HUNDRED
THIRTY-FOUR THOUSAND
SEVEN HUNDRED AND 0/100
DOLLARS ($534,700.00), with
interest thereon as set forth
continued on following page