Newspaper Page Text
PAGE 6C
THE JACKSON HERALD
WEDNESDAY, MAY 13, 2009
Legal Notices
Civil Lawsuits
Superior Court
•Assignee of Dyson Financial, Inc. and ChaseBank USA, N.A.
vs. Donna Holman - Complaint on Contract
•GMAC, LLC vs. Gary Whittaker - Affidavit for Foreclosure
of Personal Property
•Assignee of Alpha Metro Financial Corp. and Chase Bank
USA, N.A. vs. John L. Wilkes - Complaint on a Contract
•GMAC LLC c/o McCullough, Payne & Haan vs. Dieter
Murau - Affidavit for Foreclosure of Personal Property
• Bonald Gene Horn Jr. vs. Cheryl G. Thurmond - Plantiff’s
Motion for Contempt
•SunTrust Bank vs. Jessica M. Poe - Complaint on Contract
• House, LLC A Action Management, LLC and Candier
Warehouse d/b/a/ The Metropolitan vs. Ray C. Rusty Reddish
-Suiton Contract
• Devon Lester, Bryson Thompson and Destiny Lester vs.
Shelley Lester - Complaint for Contempt
• Cameron Reece Coll vs. Barry L. Davis - Complaint for
Recovery of Child Support
•Summer S. Howington vs. Michael Howington - Petition
for Medical Support
• HSBC Bank of Nevada vs. Nicole A. Rollison - Suit on
Account
• Cynthia P. Allen and Samantha R. Allen vs. Dale G. Allen -
Complaint for Recovery of Child Support
•Assignee of Alpha Metro Financial Corp. and Chase Bank
USA, N.A. vs. John L. Wilkes - Complaint on Contract
•Aniyah McKinsey Wingfield vs. Derrick Raynard Wingfield -
Complaint for Recovery of Child Support
• Courtney Coleman vs. Bradley Minish - Petition for
Modification of Visitation
•Joann Hardin vs. Richard Hugh Jones Sr. - Petition for
Citation of Contempt
• Credit Acceptance Corporation vs. Claranita Mason - Suit
on Contract
• Fidelity Bank vs. David Desroches - Complaint on a
Contract
• International Portfolio, Inc. vs. Jane McManus - Complaint
on Account
•State of Georgia vs. David Alexander Abraham and $369.00
Lawful US Currency - Complaint for Forfeiture
•State of Georgia vs. Acura 3.2TL Sedan Vin
#19UUA5668YA008250 and Patrick Monte Chapman -
Complaint for Forfeiture
•State of Georgia vs. 1997 Chrysler Town & Country
Vin #1C4GP54L1VB462316, 2002 Freightliner Roll Back Vin
#1FVABTBSX2HJ86282 and Omar J. Capellan - Complaint for
Forfeiture
•State of Georgia vs. $6,500 Lawful US Currency and
Stephen Ray Hodges - Complaint for Forfeiture
•Assignee of Midland Funding, LLC and Dell Financial
Services vs. Tomeka Usher - Suit on Account
• Discover Bank vs. Louise D. Williams - Suit on Account
• United Community Bank vs. Daniel Wilson and Chad Black
- Complaint on Promissory Note
•Assignee of Pathfinder Financial Corp. and Chase Bank
USA, N.A. vs. Randall Durham - Complaint on Contract
•The Lyric Company vs. Deborah Moore - Petition to
Confirm Arbitration Award
•Assignee of Bus Stop Financial Corp. Chase Bank USA, N.A.
vs. Patrice J. Adams - Complaint on Account
• Brenda Thigpen vs. Terry Thigpen - Petition for Temporary
Protective Order
• Seven Divorce Cases were Filed
April 22, 2009 -April 30, 2009
State Court
• Capital One Bank (USA), NA vs. Michael S. Canavan -
Breach of Contract
• FIA Card Services A/K/A Bank of America vs. Keith K. Barrett
- Complaint on Contract
• Chase Bank vs. Dorothy J. Coffee MS vs. Complaint on
Contract
• Discover Bank vs. John R. Dolezal - Complaint on
Contract
• Discover Bank vs. Joseph Greenwood - Complaint on
Contract
• FIA Card Services A/K/A Bank of America vs. Randy Hill -
Complaint on Contract
• FIA Card Services A/K/A Bank of America vs. Jason K.
Williams - Complaint on Contract
• Discover Bank Issuer of The Discover Card vs. Melissa
Johnson - Summons/Complaint on Account
• Capital One Bank USA NA vs. Sandra J. Ott - Plaintiffs
Complaint Breach of Contract
• FIA Card Services NA, FKA/MBNA America Bank vs. Pat
Meers - Garnishee - Wachovia Bank - Summons for Regular
Garnishment
•Orthopedic Surgery, PC vs. Jay Womble - Complaint on
Account
• Capital One Bank vs. Rosalinda Granados - Complaint on
Contract
• Household Finance Corporation II vs. Carla Desean -
Complaint for Default on Revolving Loan Agreement
• Probuild South, LLC as Successor of Williams Brothers
Lumber Co. vs. Terry Love and TML Services, Inc. - Complaint
for Money Damages
• Portfolio Recovery Assoc., LLC vs. James E. Brock -
Complaint on Account
• Portfolio Recovery Assoc., LLC vs. James Thomas -
Complaint on Account
• Capitol One Bank USA, N.A. vs. Joyce N. Goldsmith -
Complaint on Account
• Portfolio Recovery Assoc., LLC vs. Devang Shah -
Complaint on Account
• MTC I, Inc. vs. Frances Ward - Complaint on Account
• Regions Bank vs. Amber R. Combs and James David
Malpass - Complaint on a Contract
• First Investors Financial Corporation, First Investors
Financial Services, Inc. and Lou Sobh Buick Pontiac GMC, Inc.
vs. John Goodman - Garnishee - Keith Porter Home Insulating,
Inc. - Continuing Garnishment
•Wachovia Bank, National Association vs. Luther Harness
- Garnishee - Community Bank & Trust - Affidavit of
Garnishment
• Metro Materials, Inc., a Georgia Corporation vs. G B Asphalt
Paving Inc., a Georgia Corporation - Complaint on Contract
• Capital One Bank USA, N.A. vs. Robert R. Goldsmith -
Complaint on Account
• Capital One Bank vs. Terra Hall - Complaint on Account
• Capital One Bank vs. Rachel R. Dempson - Complaint on
Account
• Capital One Bank vs. Christopher A. Wootton - Complaint
on Account
April 22, 2009 -April 29, 2009
gpnll
Notice of Sale
Notice of Sate Under Power in Security Deed
UNDER AND BY VIRTUE of
the power of sale contained in
that certain Construction Loan
Deed to Secure Debt and
Security Agreement, dated
December 3, 2007, given by
ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC., a Georgia corporation,
formerly known as Homelife
Communities of Northeast
Atlanta, Inc. (“Borrower”) to
BANK OF NORTH GEORGIA
(“Lender”), and recorded in
Deed Book 50X, at pages
531 et seq., County, Georgia
Records, as corrected by that
certain Corrective Construction
Loan Deed to Secure Debt
and Security Agreement
recorded on March 6, 2008, in
Deed Book 51R, pages 308 et
seq., aforesaid Records (col
lectively, the “Security Deed”),
and pursuant to the applica
ble provisions of the Uniform
Commercial Code, as enacted
in Georgia, including, without
limitation, O.C.G.A§ 11-9-604,
the undersigned will sell 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 June, 2009, being
June 2, 2009, the following
described property being locat
ed in Jackson County, Georgia
(the “Secured Property”):
All that tract or parcel of
land lying and being in Porter’s
GMD 1765, Jackson County,
Georgia, being Lot 28, Liberty
Crossing, Unit One, as per
plat recorded in Plat Book 68,
pages 282-286, and revised
in Plat Book 68, pages 290-
295, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence for a more complete
description of said property.
LESS AND EXCEPT any
lots described hereinabove
that are released from the
Security Deed prior to June 2,
2009, notice of which shall be
given by announcement made
at the commencement of the
public sale and which will be
excluded from the sale.
(The above-described prop
erty is hereinafter referred to
as the “Land.”)
TOGETHER WITH:
All buildings, structures, and
improvements now or here
after erected on the Land; all
tenements, easements, rights,
appurtenances, reversions,
remainders, rents, royalties,
rights and profits to, from
and appertaining to the Land;
all minerals, oil, gas, water,
water rights, and water stock
rights to trees, crops, timber
and shrubs now or hereafter
on the Land; all equipment,
machinery, and fixtures now or
hereafter attached to the Land,
all of which, including replace
ments and additions thereto,
shall be deemed to be and
remain a part of the Secured
Property; any and all awards
or payments, including inter
est thereon, and the right to
receive same, as a result of
the exercise of the right of con
demnation, eminent domain,
the alteration of the grade of
any street, or any other injury
to, taking of, or decrease, in
the value of any of the Secured
Property.
TOGETHER WITH:
All leases, rents, profits,
and income from the Secured
Property.
To the best of the knowl
edge of Lender, the Secured
Property is in the possession
of the Borrower or other per
sons in possession by, through
or under Borrower.
The undersigned may sell
that portion of the Secured
Property as may, under the
laws of the State of Georgia,
constitute an estate or inter
est in real estate (the “Real
Property”) separately from that
portion of the Secured Property
as constitutes under the laws
of the State of Georgia per
sonalty and not an interest
in real estate (the “Personal
Property”), in which case
separate bids will be taken
therefor, or collectively in a
single sale and lot, in which
case a single bid will be taken
therefor. Notice of the under
signed’s intent shall be given
by announcement made at the
commencement of the public
sale.
The Real Property will be
sold on an “as is, where is”
basis without recourse against
Lender and without represen
tation or warranty of any kind or
nature whatsoever with respect
thereto. The Real Property will
be sold subject to (1) all unpaid
taxes and assessments which
are liens against the Real
Property and which are prior
in right to the Security Deed;
(2) Right of Way Deed from
James W. Thomas, Wiley Lee,
et al to Jackson County, dated
February 8, 1968, recorded
in Deed Book 5-J, page 262,
Jackson County, Georgia
records; (3) Easement for
Right-of-Way from J. Dean Bell
and Federal Land Bank Assoc,
of Gainesville, dated April
18, 1978, recorded in Deed
Book 7-I, page 570, aforesaid
Records; (4) Easement from
Dean Bell to Alltel Service
Corporation/South, through
Alltel Georgia Inc.-Commerce
District, dated October 10,
1984, recorded in Deed
Book 9-D, page 39, afore
said records; (5) Right-of-Way
Easement from Dean Bell to
Jackson Electric Membership
Corporation, dated September
13, 1988, recorded in Deed
Book 10-J, page 569, afore
said records; (6) Consent and
Dedication by King Winston
Properties, Inc. dated February
5, 2007, recorded in Deed
Book 47-0, page 66, afore
said records; (7) Easement
Agreement from Braselton
Development Group, Inc. to
Atlanta Gas Light Company,
dated as of January 31, 2007,
recorded in Deed Book 47-R,
page 535, aforesaid records;
(8) Declaration of Covenants,
Conditions and Restrictions for
Liberty Crossing by Braselton
Development Group, Inc.,
dated April 25, 2007, record
ed in Deed Book 48-L, page
171, aforesaid records; (9)
those matters disclosed by
plat recorded in Plat Book 68,
pages 282 through 286, afore
said records; (10) those mat
ters disclosed by plat record
ed in Plat Book 68, pages
290 through 294, aforesaid
records; and (11) any and all
other easements, limitations,
restrictions, reservations, cov
enants and encumbrances of
record to which the Security
Deed is subordinate in terms
of priority.
The Personal Property will
be sold on an “as is, where is”
basis without recourse against
Lender and without represen
tation or warranty of any kind
or nature whatsoever with
respect thereto. The Personal
Property will be sold subject to
all unpaid taxes and assess
ments, if any, which are liens
against the Personal Property
and which are prior in right to
the Security Deed.
The Security Deed was
given to secure (1) that cer
tain Commercial Promissory
Note dated as of December 3,
2007, in the original principal
amount of $193,988.00 and
made by Borrower to the order
of Lender (the “Note”) and (2)
any and all other loan docu
ments in connection with said
indebtedness (said documents,
together with the Note, the
Security Deed and the Loan
Agreement are herein collec
tively referred to as the “Loan
Documents”). The indebted
ness evidenced by the Note
and secured by the Security
Deed (the “Indebtedness”) has
been and is hereby declared
due and immediately pay
able because of default by
Borrower in payment of the
Indebtedness in accordance
with the terms of the Note
and the Security Deed and the
other Loan Documents and
the failure of Borrower to per
form its obligations under the
Loan Documents.
The proceeds of the sale
of the Secured Property shall
be applied in accordance
with the Security Deed to (i)
the payment of the costs and
expenses of this sale, includ
ing the expenses of protect
ing the Secured Property and
attorneys’ fees (notice of intent
to collect attorneys’ fees hav
ing been given pursuant to
O.C.G.A. § 13-1-11), (ii) pay
ment of the indebtedness
secured by the Security Deed,
and (iii) the surplus, if any, to
the person or persons legally
entitled thereto.
ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC., a Georgia corporation
formerly known as Homelife
Communities of Northeast
Atlanta, Inc., acting by and
through its attorney-in-fact,
BANK OF NORTH GEORGIA
Brent S. Gilfedder, Esq.
King & Spalding LLP
1180 Peachtree Street, N.E.
Atlanta, Georgia 30309-
3521
(404) 572-4600
IUY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
UNDER AND BY VIRTUE
of the power of sale contained
in that certain Construction
Loan Deed to Secure Debt
and Security Agreement,
dated August 29, 2007, given
by ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC., a Georgia corporation,
formerly known as Homelife
Communities of Northeast
Atlanta, Inc. (“Borrower”) to
BANK OF NORTH GEORGIA
(“Lender”), and recorded in
Deed Book 50B, at pages
533 et seq., Jackson County,
Georgia Records, as re
recorded on November 6,
2007, in Deed Book 50 O,
at pages 771 et seq., afore
said Records (collectively, the
“Security Deed”), and pursuant
to the applicable provisions of
the Uniform Commercial Code,
as enacted in Georgia, includ
ing, without limitation, O.C.G.A
§ 11-9-604, the undersigned
will sell 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 June,
2009, being June 2, 2009,
the following described prop
erty being located in Jackson
County, Georgia (the “Secured
Property”):
All that tract or parcel of
land lying and being in Porter’s
GMD 1765, Jackson County,
Georgia, being Lots 24
through 28, 49 through 51,
65 through 77, 86 through
89, 94 through 96, and
109 through 117, Liberty
Crossing, Unit One, as per
plat recorded in Plat Book 68,
pages 282-286, and revised
in Plat Book 68, Pages 290-
295, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence for a more complete
description of said property.
LESS AND EXCEPT the fol
lowing-described lot which has
been previously released from
the Security Deed: all that
tract or parcel of land lying and
being in Porter’s GMD 1765,
Jackson County, Georgia, and
being Lot 28, Liberty Crossing,
Unit One, as per plat recorded
in Plat Book 68, pages 290-
295, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence for a more complete
description of said property.
AND, LESS AND EXCEPT
any lots described herein
above that are released from
the Security Deed prior to June
2, 2009, notice of which shall
be given by announcement
made at the commencement
of the public sale and which
will be excluded from the sale.
(The above-described prop
erty is hereinafter referred to
as the “Land.”)
TOGETHER WITH:
All buildings, structures, and
improvements now or here
after erected on the Land; all
tenements, easements, rights,
appurtenances, reversions,
remainders, rents, royalties,
rights and profits to, from
and appertaining to the Land;
all minerals, oil, gas, water,
water rights, and water stock
rights to trees, crops, timber
and shrubs now or hereafter
on the Land; all equipment,
machinery, and fixtures now or
hereafter attached to the Land,
all of which, including replace
ments and additions thereto,
shall be deemed to be and
remain a part of the Secured
Property; any and all awards
or payments, including inter
est thereon, and the right to
receive same, as a result of
the exercise of the right of con
demnation, eminent domain,
the alteration of the grade of
any street, or any other injury
to, taking of, or decrease, in
the value of any of the Secured
Property.
TOGETHER WITH:
All leases, rents, profits,
and income from the Secured
Property.
To the best of the knowl
edge of Lender, the Secured
Property is in the possession
of the Borrower or other per
sons in possession by, through
or under Borrower.
The undersigned may sell
that portion of the Secured
Property as may, under the
laws of the State of Georgia,
constitute an estate or inter
est in real estate (the “Real
Property”) separately from that
portion of the Secured Property
as constitutes under the laws
of the State of Georgia per
sonalty and not an interest
in real estate (the “Personal
Property”), in which case
separate bids will be taken
therefor, or collectively in a
single sale and lot, in which
case a single bid will be taken
therefor. Notice of the under
signed’s intent shall be given
by announcement made at the
commencement of the public
sale.
The Real Property will be
sold on an “as is, where is”
basis without recourse against
Lender and without represen
tation or warranty ofanykindor
nature whatsoever with respect
thereto. The Real Property will
be sold subject to (1) all unpaid
taxes and assessments which
are liens against the Real
Property and which are prior in
right to the Security Deed; (2)
the riparian rights of abutting
owners on any stream running
through the Real Property;
(3) Right of Way Deed from
James W. Thomas, Wiley Lee,
et al to Jackson County, dated
February 8, 1968, recorded
in Deed Book 5-J, page 262,
Jackson County, Georgia
records; (4) Easement for
Right-of-Way from J. Dean Bell
and Federal Land Bank Assoc,
of Gainesville, dated April
18, 1978, recorded in Deed
Book 7-I, page 570, aforesaid
Records; (5) Easement from
Dean Bell to Alltel Service
Corporation/South, through
Alltel Georgia Inc.-Commerce
District, dated October 10,
1984, recorded in Deed
Book 9-D, page 39, afore
said records; (6) Right-of-Way
Easement from Dean Bell to
Jackson Electric Membership
Corporation, dated September
13, 1988, recorded in Deed
Book 10-J, page 569, afore
said records; (7) Consent and
Dedication by King Winston
Properties, Inc. dated February
5, 2007, recorded in Deed
Book 47-0, page 66, afore
said records; (8) Easement
Agreement from Braselton
Development Group, Inc. to
Atlanta Gas Light Company,
dated as of January 31,2007,
recorded in Deed Book 47-R,
page 535, aforesaid records;
(9) Declaration of Covenants,
Conditions and Restrictions for
Liberty Crossing by Braselton
Development Group, Inc.,
dated April 25, 2007, record
ed in Deed Book 48-L, page
171, aforesaid records; (10)
those matters disclosed by
plat recorded in Plat Book 68,
pages 282 through 286, afore
said records; (11) those mat
ters disclosed by plat recorded
in Plat Book 68, pages 290
through 294, aforesaid records;
(12) those matters disclosed by
plat recorded in Plat Book 70,
pages 162 through 166, afore
said records; and (13) any and
all other easements, limita
tions, restrictions, reservations,
covenants and encumbrances
of record to which the Security
Deed is subordinate in terms
of priority.
The Personal Property will
be sold on an “as is, where is”
basis without recourse against
Lender and without represen
tation or warranty of any kind
or nature whatsoever with
respect thereto. The Personal
Property will be sold subject to
all unpaid taxes and assess
ments, if any, which are liens
against the Personal Property
and which are prior in right to
the Security Deed.
The Security Deed was orig
inally given to secure (1) that
certain Commercial Promissory
Note dated as of August 29,
2007, in the original princi
pal amount of $2,497,500.00
and made by Borrower to the
order of Lender, which indebt
edness was renewed and is
now evidenced by that certain
Note dated as of September
5, 2008, in the original princi
pal amount of $2,430,000.00
and made by Borrower to the
order of Lender (collectively,
the “Note”) and (2) any and
all other loan documents in
connection with said indebt
edness (said documents,
together with the Note, the
Security Deed and the Loan
Agreement are herein collec
tively referred to as the “Loan
Documents”). The indebted
ness evidenced by the Note
and secured by the Security
Deed (the “Indebtedness”) has
been and is hereby declared
due and immediately pay
able because of default by
Borrower in payment of the
Indebtedness in accordance
with the terms of the Note
and the Security Deed and the
other Loan Documents and
the failure of Borrower to per
form its obligations under the
Loan Documents.
The proceeds of the sale
of the Secured Property shall
be applied in accordance
with the Security Deed to (i)
the payment of the costs and
expenses of this sale, includ
ing the expenses of protect
ing the Secured Property and
attorneys’ fees (notice of intent
to collect attorneys’ fees hav
ing been given pursuant to
O.C.G.A. § 13-1-11), (ii) pay
ment of the indebtedness
secured by the Security Deed,
and (iii) the surplus, if any, to
the person or persons legally
entitled thereto.
ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC., a Georgia corporation
formerly known as Homelife
Communities of Northeast
Atlanta, Inc., acting by and
through its attorney-in-fact,
BANK OF NORTH GEORGIA
Brent S. Gilfedder, Esq.
King & Spalding LLP
1180 Peachtree Street, N.E.
Atlanta, Georgia 30309-
3521
(404) 572-4600
(MY6,13,20,27P4)
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 in that
certain Security Deed from
GREENWOOD BUILDER
GROUP, INC. (the “Grantor”)
to and in favor of Bank of
NORTH GEORGIA (the
“Lender”) dated May 11, 2005,
filed for record May 13, 2005,
and recorded in Deed Book
38-V, Pages 78-82, Jackson
County, Georgia Records (the
“Security Deed”); securing that
certain renewal Universal Note
from Grantor to and in favor of
Lender dated August 5, 2007,
in the original principal sum
of ONE HUNDRED TWENTY-
THREE THOUSAND FOUR
HUNDRED FIFTY-SEVEN
AND 22/100 DOLLARS
($123,457.22) (the “Note”);
there will be sold at public
outcry by Lender as attorney-
in-fact of Grantor to the highest
bidder for cash between the
legal hours for sale before the
Courthouse door in Jackson
County, Georgia, on the first
Tuesday in June, 2009, the
following described land,
improvements and appurte
nances (hereinafter collectively
referred to as the “Premises”)
to wit:
All that tract or parcel of
land lying and being in GMD
245, Jackson County, City of
Jefferson, Georgia, being Lots
12, 13, 14 & 21, the Heritage
at Jefferson, Phases II & III,
as shown on plat of said sub
division recorded in Jackson
County Plat Records at Plat
Book64, Pages 175-179, which
plat is incorporated herein by
reference for a more complete
description (the “Land”).
Together with all buildings,
continued on following page