Newspaper Page Text
WEDNESDAY, MARCH 11, 2009
THE JACKSON HERALD
PAGE 25C
Public Notices Continued
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 JOHNNY
R. COOPER and BETTY
COOPER and TINA WADE
to BAYROCK MORTGAGE
CORPORATION dated June
28, 2005, and recorded in
Deed Book 39-P, Page 696,
Jackson County Records, said
Security Deed having been
last sold, assigned, transferred
and conveyed to US Bank
National Association, (formerly
known as, Wachovia Bank,
N.A.), as Trustee for GSAA
Home Equity Trust 2005-14, by
Assignment securing a Note in
the original principal amount
of $124,000.00, 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:
TRACT 1
All that tract or parcel of
land lying and being in the
428th District, G.M., Jackson
County, Georgia, and being
designated as Tract No. 6 con
taining 0.37 acres, more or
less, as shown by plat and sur
vey of same of W. T. Dunahoo
& Associates, Inc., Surveyors,
dated April 11, 1985, said plat
being recorded in the Office
of the Clerk of Superior Court
of Jackson County, Georgia,
in Plat Book 22, Page 70. For
a more detailed description to
said tract, reference is hereby
made to said plat as recorded.
TRACT 11
All that tract or parcel of land
lying and being in the 428th
(Cunningham) District, G.M.,
Jackson County, Georgia,
and within the city limits of
Pendergrass, Georgia, and
shown on that certain plat
and survey of Owen Patton,
Surveyor, dated June 1, 1982,
being recorded in the Office
of the Clerk of Superior Court
of Jackson County, Georgia,
in Plat Book 19, Page 7.
Said tract is bounded on the
north and east by lands of
C.P. Cooper, on the south by
Mountain Creek Road, and on
the west by Terry Cooper. For
a more detailed description to
said tract, reference is hereby
made to said plat as recorded.
Subject to existing easements
and rights of ways for public
roads and utilities now in use.
Said property is known as
238 Mountain Creek Drive,
Pendergrass, GA 30567,
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 Johnny R.
Cooper and Betty Cooper and
Tina Wade, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Johnny R. Cooper and
Betty Cooper and Tina Wade,
and the proceeds of said sale
will be applied to the payment
of said indebtedness and all
the expenses of said sale,
including attorney’s fees, all as
provided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
US Bank National
Association, (formerly known
as, Wachovia Bank, N. A.), as
Trustee for GSAA Home Equity
Trust 2005-14 as Attorney-in-
Fact for Johnny R. Cooper and
Betty Cooper and Tina Wade
File no. 09-010871
L. J. SWERTFEGER, JR.
SHAPIRO&SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(MAH, 18,2 5, API B/1323-S0T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
State of Georgia
County of Jackson
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt and Security Agreement
dated November 15, 2005 (the
“Security Deed”) from SIVICA
HOMES, INC., a Georgia
corporation, and SIVICA
HOMES - THE TOWNSHIP
AT MULBERRY PARK, LLC,
a Georgia limited liability com
pany (hereinafter collectively
referred to as “Grantor”), to
BANK OF AMERICA, N.A.,
a national banking associa
tion (hereinafter referred to as
“Grantee”), filed for record in
Deed Book 410, Page 366,
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia; said Security
Deed being given to secure pay
ment of that certain Promissory
Note dated November 15,
2005, (the “Note”), given by
Grantor in favor of Grantee up
to the original principal amount
of One Million Four Hundred
Twenty-One Thousand and
no/100 Dollars ($1,421,000.00),
as such Note was renewed
and extended, the last such
extension being December 1,
2007, there will be sold by the
undersigned at public outcry
to the highest bidder for cash
before the courthouse door at
Jackson County, Georgia, with
in the legal hours of sale on the
first Tuesday in April, namely
April 7, 2009, the property con
veyed by said Security Deed
(the “Land”) and described as
follows, to-wit:
All that tract or parcel of land
lying and being in GMD 1765 of
Jackson County, Georgia and
being Lot 147 of The Township
at Mulberry Park as per that
plat of the Subdivision record
ed in Plat Book 66, Pages 146-
155, Jackson County, Georgia
Records which plat is incorpo
rated herein by reference and
made a part hereof.
Together with all buildings,
structures and other improve
ments located on the premises
hereinbefore described, or any
part and parcel thereof; and
Together with all rights, title
and interest of Grantor in and
to the minerals, flowers, shrubs,
crops, trees, timber and other
emblements on said property
or above the same or any part
or parcel thereof; and
Together with all and sin
gular the tenements, heredita
ments, easements and appur
tenances thereunto belonging
or in any wise appertaining,
and the reversion or rever
sions, remainder and remain
ders, rents, issues and profits
thereof; and also all the estate,
right, title, interest, claim and
demand whatsoever of Grantor
of, in and to the same and of,
in and to every part and parcel
thereof; and
Together with all machinery,
apparatus, equipment, fittings,
fixtures, whether actually or
constructively attached to said
property and including all trade
domestic and ornamental fix
tures, and articles of personal
property of every kind and
nature whatsoever (hereinafter
collectively called “Equipment”)
located in, upon or under said
property or any part thereof
and used or usable in connec
tion with any present or future
operation of said property
and now owned or hereafter
acquired by Grantor, including,
but without limiting the general
ity of the foregoing, all heating,
air-conditioning, freezing, light
ing, laundry, incinerating and
power equipment; engines;
pipes; pumps; tanks; motors;
conduits; switchboards; plumb
ing, lifting, cleaning, fire preven
tion, fire extinguishing, refrig
erating, ventilating and com
munications apparatus; boilers,
ranges, furnaces, oil burners
or units thereof; appliances;
air-cooling and air-conditioning
apparatus; vacuum cleaning
systems; elevators; escalators;
shades; awnings, screens;
storm doors and windows;
stoves; wall beds; refrigerators;
attached cabinets; partitions;
ducts and compressors; rugs
and carpets; draperies; furni
ture and furnishings in com
mercial, institutional and indus
trial buildings; together with all
building materials and equip
ment delivered to the premises
and intended to be installed
therein; together with all addi
tions thereto and replacements
thereof; and
Together with any and all
rents which are now due or
may hereafter become due by
reason of the renting, leas
ing and bailment of property
improvements thereon and
Equipment; and
Together with any and all
awards or payments, includ
ing interest thereon, and the
right to receive the same, as
a result of (a) the exercise of
the right of eminent domain,
(b) the alteration of the grade
of any street, or (c) any other
injury to, taking of, or decrease
in the value of, the premises
(all the foregoing together with
the above described Land, the
“Property”).
Because of the default in the
payment of the Note at matu
rity and the failure of Grantor
to pay the same, the Property
will be sold as the property of
Grantor to satisfy the indebted
ness evidenced by the Note
together with the cost of said
sale, including attorney’s fees,
notice having been given pur
suant to the Official Code of
Georgia Annotated Section
13-1-11. At the election of
Grantee, the Property may be
sold in one parcel and as an
entirety, or in such parcels,
manner or order as Grantee,
in its sole discretion may elect,
and one or more exercises
of the powers granted in the
Security Deed shall not extin
guish or exhaust the powers
granted in the Security Deed
unless the entire Property is
sold or the secured indebted
ness is paid in full.
To the best of the under
signed’s knowledge and belief,
the party in possession of said
Property is Grantor, or tenants
claiming by, through or under
Grantor. The above refer
enced Property is located in
GMD 1765 of Jackson County,
Georgia; however, the exact
address of such property is
unknown.
The Property will be sold sub
ject to all liens, encumbrances,
easements and other matters
of record, if any, to which the
Security Deed is junior and
inferior in terms of priority, and
subject to any and all unpaid
taxes or assessments relating
to the Property.
Bank of America, N.A., a
national banking association,
as attorney-in-fact for Sivica
Homes, Inc. and Sivica Homes
- The Township at Mulberry
Park, LLC
Valerie L. Combs, Esq.
Troutman Sanders LLP
600 Peachtree Street, N.E.
Suite 5200
Atlanta, Georgia 30308
404-885-2744
Attorneys for Bank of
America, N.A.
(MAll, 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
DENISE REAVES to WELLS
FARGO BANK, N.A., dated
March 29, 2007, recorded in
Deed Book 48-C, Page 736,
Jackson County, Georgia
Records, as last transferred to
US Bank National Association,
as Trustee for CMLTI 2007-
WFHE3 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
NINETY-THREE THOUSAND
FIVE HUNDRED EIGHTY
AND 0/100 DOLLARS
($193,580.00), with interest
thereon as set forth therein,
there will be sold at public out
cry 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 following
described property:
SEE EXHIBIT A ATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, failure to pay
the indebtedness as and when
due and in the manner pro
vided in the Note and Security
Deed. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, as provided in Security
Deed and by law, including
attorneys fees (notice of intent
to collect attorneys fees having
been given).
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any 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: Wells
Fargo Home Mortgage, Inc.,
PO Box 10335, Des Moines,
IA 50306, 1-800-416-1472.
Please understand that the
secured creditor is not required
by law to negotiate, amend, or
modify the terms of the mort
gage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Denise Reaves or
a tenant or tenants and said
property is more commonly
known as 373 Franklin Street,
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.
US Bank National
Association, as Trustee for
CMLTI 2007-WFHE3 as
Attorney in Fact for Denise
Reaves
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ks5 4/7/09
Our file no. 5603409-FT5
EXHIBIT A
All that tract or parcel of land
lying and being in GMD 1785,
Jackson County, Georgia,
being Lot 17, Block A, UnitOne
of Liberty Estates Subdivision,
as per plat thereof recorded in
Plat Book 64, Page 41, revised
at Plat Book 68, Pages ISO-
189, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
(MAll, 18,25,AP1B/12062-60T1P)
Gpnl7
Notice of Public
Foreclosure
Sale of Personal Property
JERETT T. LAWLER and
ABBIE G. LAWLER (the
“Secured Party”) hereby give
notice that they will offer for
sale, at a public foreclosure
sale to be held on Friday,
March 27, 2009, at 2:00 p.m.,
Atlanta, Georgia, time, before
the courthouse door in Jackson
County, Georgia, 5000 Jackson
Parkway, Jefferson, Jackson
County, Georgia 30549, cer
tain personal property of
CHRISTOPHER B. SIMS and
AMY T. SIMS (the “Debtor”) in
which Secured Party holds a
security interest. All capitalized
terms not otherwise defined
herein shall have the mean
ing ascribed to them in the
Commercial Code, Title 11 of
the Official Code of Georgia
Annotated (the “Commercial
Code”). Secured Party shall
offer for sale at the above-
referenced time and place the
following types and items of
property of Debtor (hereinafter
collectively referred to as the
“Property”):
A double convection oven, a
proofer/warmer, 3 baker carts
with sheet pans, 2 refrigerators,
a drink cooler, an ice machine,
a tea maker, a Bunn Coffee
Pot, an Espresso Machine, a
72” dry display, a 72” refriger
ated display, a cash register, 2
stainless steel tables, a sand
wich counter, a sandwich grill,
2 baker racks, 10 dining room
tables, 40 dining room chairs, a
fruit and vegetable sink, 3 com
partment sinks, a dishwasher,
2 kitchen racks, silverware cart,
3 stainless steel tables, a wood
top table, a stove/oven, a three-
door refrigerator, a microwave,
a 30-quart mixer, a 7-quart
mixer, a scale, pantry shelving,
a washer and dryer, hallway
shelving, a freezer, a 6’ x 8’
walk-in freezer, a time clock,
an office desk and chair, a mop
sink, cake decorating supplies
and pans, catering equipment,
and other miscellaneous kitch
en supplies and inventory.
Secured Party does not
make any warranties or repre
sentations as to the existence,
quantity, quality, or nature of
any of the foregoing types or
items of Property or as to the
transferability or assignability
of any contracts, licenses, or
permits included within the
categories and items of the
Property. The Property will be
sold as is, where is, and with all
faults and without any warran
ties, express or implied, includ
ing, but not limited to, warran
ties of title, merchantability, or
fitness for a particular purpose,
all of which are disclaimed and
shall be subject to all prior liens
and claims (excluding any prior
liens of record that have been
subordinated by contract to the
liens of Secured Party). There
is no warranty relating to title,
possession, quiet enjoyment,
or the like in this disposition.
The Property may be inspect
ed prior to the public sale by
contacting Dustin R. Marlowe,
an agent of Secured Party,
at Tolbert Bradford, LLC, 62
Washington Street, Jefferson,
Georgia 30549, or (706) 367-
5290.
The public sale is a sale
pursuant to foreclosure upon
Secured Party’s security inter
est in the Property and will be
conducted in accordance with
O. C.G.A. §§ 11-1-201(31.1)
and 11-9-610. The sale, if
made, shall be to the highest
and best bidder. All persons
attending the sale will be given
an opportunity to bid on a com
petitive basis. Secured Party
may offer the Property for sale,
and may sell the Property, as
a unit or in parcels and by
way of one or more contracts.
Secured Party may adjourn
and recommence the sale in
its discretion within the legal
hours for a public sale under
the Commercial Code. The
purchase price shall be paid in
cash or certified funds at clos
ing, which will be at the conclu
sion of all bidding unless other
wise agreed by Secured Party
at the time of sale. Secured
Party reserves the right, in its
discretion, to reject any and all
bids and to submit a bid or bids
for any or all of the Property.
After receipt of bids for the
Property in its entirety or a
portion thereof, Secured Party
in its discretion may solicit,
receive, and accept bids for
each item of the Property.
Dustin R. Marlowe
Tolbert Bradford, LLC
Attorneys for Secured Party
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
(MAll,18B/344-70)
GpnlO
Citation
Georgia, Jackson County
Estate No. GM-09-42
In Re: Petition of HENRY
L. LANCE SR. & SARA J.
LANCE for Temporary Letters
of Guardianship
Estate of RYAN CHRISTIAN
CROY & RAYBURN DUSTIN
CROY, minors
To: DIANE MARIE LANCE:
You are hereby notified that
a petition for the appointment
of a temporary guardian has
been filed regarding the above-
named minors. All objections
to the Petition described above
either to the appointment of
a temporary guardian or the
appointment of the petitioners
as temporary guardians, must
be in writing, setting forth the
grounds of any such objec
tions, and must be filed with
this Court no later than 10 days
after the second publication of
this notice if you are personally
served by publication. All plead
ings must be signed before a
notary public or Georgia pro
bate court clerk, and filing fees
must be tendered with your
pleadings, unless you qualify
to file as an indigent party.
Contact probate court person
nel at the below address/tele
phone number for the required
amount of filing fees.
NOTE: If a natural guardian
files an objection to the creation
of the temporary guardianship,
the Petition will be dismissed.
If a natural guardian files an
objection to the appointment of
the petitioner(s) as guardian(s),
or if a parent who is not a natu
ral guardian files an objection
to the petition, a hearing on the
matter shall be scheduled at a
later date.
Margaret Deadwyler
Probate Judge
By: Jennifer Gearing
Probate Clerk
5000 Jackson Pkwy.
Suite 140
Jefferson, GA 30549
706-387-6276
(MAll, 18B/498-30)
gpn06
Inc. Notice
Notice is given that Articles
of Incorporation that will incor
porate IVY LANDSCAPE
GROUP, INC. will be delivered
to the Secretary of State for
filing in accordance with the
Georgia Business Corporation
Code (O.C.G.A. Sec. 14-2-
201.1). The initial registered
office of the corporation will
be located at 125 Summer
Hill Drive, Hoschton, Georgia
30548, and its initial regis
tered agent at such address is
Christopher Carter Mehl.
(MA11,18P2)
gpn06
Inc. Notice
Notice is given that Articles
of Incorporation which will
incorporate THYATIRA OLNEY
PRESBYTERIAN CHURCH,
INC., will be delivered to the
Secretary of State for filing in
accordance with the Georgia
Business Corporation Code.
The initial registered office of
the corporation is located at
P. O. Box 1098, Gainesville,
Georgia 30503, and its ini
tial registered agent at such
address is Steven P. Gilliam,
Esq.
Steven P. Gilliam
Attorney for the Incorporator
(MA11,18P2)
Gpnl7
Public Notice
Sale of Abandoned Vehicle
O.C.G.A. Code Section
40-11-2
Notice is hereby given that
the following vehicles AS IS
will be sold at public auction at
65 Hardeman Way, Jefferson,
GA to the highest bidder on the
13th day of March, 2009, from
9:00 a.m. to 5:00 p.m. Vehicles
may be viewed at same loca
tion 706-367-1763.
1. 1991 Kawasaki
ZX750-J Grn/Wht/Purp Vin
#JKAZXDJ18MA001182
2. 1999 Ford Taurus,
Burg. in color, Vin
#1 FAFP5359XA274291
3. 1985 Chevrolet
Truck, Blk. in color, Vin
#2G6CC14H7G112129
4. 1999 Mercury
Marquis, White in color, Vin
#2MEFM74W4XX705562
(MA11P1)
gpnOl
Adoption Notice
Notice of Petition for Adoption
To: Shane Schena, Legal
Father of Devin Matthew
Gynan
You are hereby notified that
a petition to adopt your biologi
cal son has been filed by JOEL
CHRISTOPHER GYNAN in
the Superior Court of Jackson
County, Georgia, regarding
DEVIN MATTHEW GYNAN,
born on April 27, 1998, in
Newburyport, Massachusetts.
All parental rights you may
have with respect to said child
will be lost, and you will receive
neither notice of nor be entitled
to object to the termination of
your parental rights and the
adoption of this child unless
you make known such objec
tions as you may have to the
adoption of said child.
Witness the Honorable Currie
M. Mingledorff II, Judge of the
Superior Court of Jackson
County, Georgia.
Action No. 09-01
Clerk of the Superior Court
Jackson County, Georgia
By: Deputy Clerk
(MA11,18,25P3)
Gpn07
Bauer Estate
Notice to Debtors and Creditors
All creditors of the Estate of
WILLIAM EDWARD BAUER,
deceased, late of Jackson
County, are hereby notified
to render an account of their
demands to the undersigned
and debtors are required to
make immediate payment.
This 4th day of March, 2009.
Kirsten A. Royals
Executrix/Executor
559 Mulberry Road
Winder, GA 30680
Estate of William E. Bauer
(MA11,18,25,AP1P4)
Gpn07
Wilson Estate
Notice to Debtors and Creditors
All creditors of the Estate
of HENRY N. WILSON, late
of Jackson County, deceased,
are hereby notified to render
in their demands to the under
signed according to law, and all
persons indebted to law, and
all persons indebted to said
estate are required to make
immediate payment.
This 3rd day of March,
2009.
Sherrie W. Smith
Executor/Administrator
4200 Riviere Pt.
Gainesville, GA 30507
(MA11,18,25,AP1P4)
Gpn05
Advertisements
for Bids
Federal Project No.
CSSTP-M003-00 (905) 01
Jackson County
Sealed proposals for furnish
ing all labor, material, equip
ment and other things neces
sary for the following work will
be received by the undersigned
at the General Office of the
Department of Transportation,
One Georgia Center, 600 West
Peachtree St., NW, Atlanta,
Georgia, 30308, until 11:00
a.m., March 20, 2009, and
publicly opened.
9.660 miles of milling, plant
mix resurfacing and shoul
der reconstruction on SR 124
beginning at SR 53 and extend
ing to SR 11.
(E)
Contract Time: 12/31/09;
Proposal Guaranty: 5%;
District Office: Gainesville;
Price of Plans: $ included in
proposal; DBE: 7.00
Plans and specifications
may be inspected at the gen
eral office in Atlanta and the
district office indicated. Copies
of the standard specifications
($20.00), the proposal form
($10.00), and the plans (indi
cated price) may be obtained
from the State Transportation
Office Engineer at the General
Office in Atlanta, telephone
continued on following page