Newspaper Page Text
PAGE IOC
THE JACKSON HERALD
WEDNESDAY, APRIL 15, 2009
Legal Notices
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS IS AN ATTEMPT 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 OTIS
H. BROOKS and DENISE M.
BROOKS to COMMONPOINT
MORTGAGE, dated April 24,
1998, recorded in Deed Book
17-W, Page 313, Jackson
County, Georgia Records, as
last transferred to Citibank,
N. A., as Trustee for the regis
tered holders of Bear Stearns
Asset Backed Securities I
Trust 2005-CL1, Asset-Backed
Certificates, Series 2005-
CL1 by assignment to be
recorded at Jackson County,
Georgia records conveying
the after-described property
to secure a Note in the origi
nal principal amount of SIXTY
THREE THOUSAND FOUR
HUNDRED FIFTY AND 00/100
DOLLARS ($63,450.00); 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 May, 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
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, 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: Ocwen
Loan Servicing LLC, 12650
Ingenuity Drive, Orlando, FL
32826, 877-596-8580. Please
understand that the secured
creditor is not required by law
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Otis H. Brooks and
Denise M. Brooks or a tenant
or tenants and said property
is more commonly known as
2627 Old Winder Jefferson
Hwy, Jefferson, GA 30549.
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 registered holders of
Bear Stearns Asset Backed
Securities I Trust 2005-CL1,
Asset-Backed Certificates,
Series 2005-CL1 as Attorney
in Fact for Otis H. Brooks and
Denise M. Brooks
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse Parkway,
Suite 3200
Atlanta, GA 30328
Our File#
GA01FJA091000387
EXHIBIT “A”
All that tract or parcel of land
situate, lying and being in the
245th District, G.M., Jackson
County, Georgia, containing
O. 68 acres, as show by that
certain plat of survey entitled
“Survey for Otis Brooks”,
prepared by W.T. Dunahoo
and Associate Inc., certified
by W.TT Dunahoo, Georgia
Registered Surveyor No. 1577,
dated August 24, 1989, and
being of record in the office of
the Clerk of the Superior Court
for Jackson County, Georgia,
in Plat Book 33, Page 19,
which plat and its recording
are by reference incorporation
herein for further identification
and description.
(AP8,15,22,29B/18550-70T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
THIS IS AN ATTEMPT 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 TERRY E. MARTIN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December 22,
2006, recorded in Deed Book
46-Z, Page 257, Jackson
County, Georgia Records, as
last transferred to Chase Home
Finance, LLC 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
SIXTY THOUSAND AND 0/100
DOLLARS ($160,000.00), 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 May, 2009, the fol
lowing described property:
All that tract or parcel of land
lying and being in the 455th
District, G.M., of Jackson
County, Georgia and being
Lot 48, Section 2 of Rancho
North Subdivision, as per
Plat recorded in Plat Book 6,
Page 378, records of Jackson
County, Georgia, which Plat is
incorporated herein by refer
ence and made a part of this
description.
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).
Chase Home Finance LLC
can be contacted at 800-446-
8939 or by writing to 3415
Vision Drive, Columbus, OH
43219, to discuss possible
alternatives to foreclosure.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Terry E. Martin or a ten
ant or tenants and said prop
erty is more commonly known
as 1161 Ridgewood Drive,
Pendergrass, GA 30567.
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.
Chase Home Finance, LLC
as Attorney in Fact for Terry
E. Martin
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/mt1 5/5/09
Our file no. 11787608-FT3
(AP8,15,22,29B/12062-60T1P)
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 prin
cipal amount of $74,800.00,
the holder thereof pursuant to
said Deed and Note there
by secured has declared the
entire amount of said indebt
edness due and payable and,
pursuant to the power of sale
contained in said Deed, will on
the first Tuesday, May 5, 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 PantherCourt, 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
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, 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.
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. n et
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(AP8,15,22,29B/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 DREAM MAKER
CONSTRUCTION INC.
(“Grantor”) to SECURITY
BANK OF GWINNETT
COUNTY SUCCESSOR
BY ACCUISITION OF
HOMESTEAD BANK
(“Grantee”), dated June 22,
2006, and recorded June
26, 2006 in Deed Book 44-L,
Page 123, Jackson County,
Georgia Records; as modi
fied in Deed Book 49-0, Page
441 and in Deed Book 51-M,
Page 545, aforesaid records,
said Security Deed being
given to secure Notes of even
date in the original principal
amounts as follows: Loan #
4007191 in the Principal
Amount of $323,000.00; Loan
# 400485400 in the Principal
Amount of $323,000.00; Loan
# 400485900 in the Principal
Amount of $323,000.00; Loan
# 400486000 in the Principal
Amount of $323,000.00, 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 highest bidder for cash
before the Courthouse door
at Jackson County, Georgia,
within the legal hours of sale
on the first Tuesday in May,
2009, the following described
real property:
Legal Description:
All that tract or parcel of
land lying and being in the
245 GMD, Jackson County,
Georgia, being Lots 6, 8,
14 and 15, Fountainhead
Subdivision, as per plat
recorded in Plat Book 60,
Pages 1-3, Jackson County,
Georgia Records, which plat is
incorporated herein and made
a part hereof by reference.
Subject to all other easements,
restrictions, reservations and
rights-of-way of record, if any.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible 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 Dream Maker
Construction Inc. and will be
sold subject to the outstand
ing ad valorem taxes and/or
assessments, including taxes
which are a lien, but not yet
due and payable, any mat
ters which might be disclosed
by an accurate survey, an
inspection, any assessments,
liens encumbrances, zoning
ordinances, covenants, and
matters of record superior to
the security deed first setout
above.
Security Bank of Gwinnett
County as Attorney-in-Fact for
Dream Maker Construction
Inc.
C. Robin Wyatt, PC.
P.O. Box 696
74 White Street
Hoschton, GA 30548
706-654-1654
(AP8,15,22,29P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Deed to Secure
Debt and Security Agreement
from DAVID NEAL EMBRY
and CYNTHIA SUE EMBRY
(“Grantors”) to GWINNETT
COMMUNITY BANK
(“Grantee”), dated June 22,
2006, filed and recorded July
11, 2006, in Deed Book 44-P,
Page 22, Jackson County,
Georgia Records, as modified
by that certain Modification
Agreement dated December
25, 2006, filed and recorded
January 31, 2007, in Deed
Book 47-I, Page 347, afore
said records, as further modi
fied by that certain Modification
Agreement dated December
5, 2007, filed and recorded
January 3, 2008, in Deed
Book 51-D, Page 83, afore
said records, as further modi
fied by that certain Modification
Agreement dated June 22,
2008, filed and recorded July
16, 2008, in Deed Book 52-W,
Page 175, aforesaid records
(as modified, the “Security
Deed”), conveying the after-
described property to secure
that certain Universal Note
dated June 22, 2008, from
Grantors payable to Grantee in
the original principal amount of
ONE HUNDRED THOUSAND
AND NO/100 DOLLARS
($100,000.00), with interest
thereon as set forth therein
(as modified and renewed,
the “Note”), 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 May, 2009, the fol
lowing described property:
ALL THAT TRACT OR
PARCEL OR LAND lying and
being in 245th and 248th Land
District, of Jackson County,
Georgia and being Lot 3, POD
P, of Traditions of Braselton
Subdivision, all as more par
ticularly shown on a plat of
said subdivision recorded at
Plat Book 64, Pages 150-152,
Jackson County Plat Records
which Plat is incorporated
herein by reference thereto for
a more complete description
of said lot.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable 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. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having been
given as provided by law).
The property will be sold
for cash or certified funds and
subject to any and all mat
ters of record superior to said
Security Deed, outstanding ad
valorem taxes, any matters
which might be disclosed by an
accurate survey and inspec
tion of the property, zoning
ordinances, restrictions, cove
nants, and easements against
the property, if any. The sale
will be conducted as set forth
herein subject to (1) confirma
tion prior to the sale that the
sale is not prohibited under
the U.S. Bankruptcy Code and
(2) final confirmation and audit
prior to the sale of the status of
the loan with the holder of the
Security Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property consists of Lot
3, POD P, of Traditions of
Braselton Subdivision, 245th
and 248th Land District,
Jackson County, Georgia,
and the party in possession
of the property is David Neal
Embry and Cynthia Sue Embry,
or their tenant or tenants.
GWINNETT COMMUNITY
BANK, as Attorney-in-Fact for
David Neal Embry and Cynthia
Sue Embry
Thompson, O’Brien, Kemp
& Nasuti, RC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(AP8,15,22,29P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of a Power of Sale
contained inthatcertainSecurity
Deed from CHERYL BONNER
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nominee
for COUNTRYWIDE HOME
LOANS, INC., dated March 10,
2004, recorded May 21, 2004,
in Deed Book34-P, Pages 511-
526, Jackson County, Georgia
Records, said Security Deed
having been given to secure
a Note of even date in the
original principal amount of
THIRTY-FOUR THOUSAND
FOUR HUNDRED AND 00/100
DOLLARS ($34,400.00), with
interest thereon as provid
ed for therein, said Security
Deed having been last sold,
assigned and transferred to
Countrywide Home Loans
Servicing, LP, 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 May, 2009, all prop
erty described in said Security
Deed including but not lim
ited to the following described
property:
All that tract or parcel of land
lying and being in the county
of Jackson, Block D, Lot 1,
according to plat prepared
by W.T. Dunahoo, surveyor,
March, 1970, said plat being
recorded in the office of the
Clerk of the Superior Court of
Jackson County, Georgia, in
Plat Book 6, Page 141, bound
ed on the North by proposed
street on the East by Hancock
Road right of way, on the
South by Lot No. 2 and on the
West by lands of T.M. Crow,
said plat and the description
thereof Lot No. 1, Block “D”,
245th (Jefferson) District G.M.,
being incorporated herein by
reference for a more detailed
description.
Said property is commonly
known as 844 Martin Luther
King Jr., 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 outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills
for public utilities which con
stitute liens upon said prop
erty; all restrictive covenants,
easements, rights-of-way and
any other matters 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 Cheryl Bonner and
I. V. Young 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 CHERYL
BONNER
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.
215400.6932
WWW.ADORNO.COM/
ATLDOCS/SALES.HTML
(AP8,15,22,29B/13997-60)
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 TYNIE
MYCHELL MONK to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated January 12, 2007,
in the amount of $107,550.00,
and recorded in Deed Book
47-E, Page 141, Jackson
County, Georgia Records, as
last transferred to Mortgage
Electronic Registration
Systems, Inc. by assignment,
the undersigned, Mortgage
Electronic Registration
Systems, Inc. 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 May,
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 Talmo
GMD 1691, Jackson County,
Georgia, being Lot 30,
Silverlake Subdivision, Phase
Two, as per Subdivision Plat
entitled, Survey for Silverlake
Subdivision, Phase Two,
prepared by Farley-Collins
Associates, certified by William
H. Collins and William E.
Whidden, GRLS, as recorded
in Plat Book 54, Pages 241-
245, Jackson County, Georgia
records, which plat is hereby
referred to and made a part of
this description.
which has the property
address of 4374 Rolling Ridge
Drive, Gillsville, 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 prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
continued on following page