Newspaper Page Text
WEDNESDAY, MAY 13, 2009
THE JACKSON HERALD
PAGE 9C
Public Notices Continued
44 seconds East for a dis
tance of 217.79 feet to a point;
THENCE South 16 degrees
13 minutes 19 seconds East
for a distance of 443.39 feet
to a point; THENCE along
a curve to the left having a
radius of 50.00 feet and an
arc length of 20.00 feet, being
subtended by a chord of South
44 degrees 24 minutes 25 sec
onds West for a distance of
19.87 feet to a point; THENCE
North 49 degrees 31 minutes
05 seconds West for a dis
tance of 312.75 feet to a point;
THENCE South 70 degrees
16 minutes 48 seconds West
for a distance of 132.32 feet
to a point; THENCE South 13
degrees 03 minutes 55 sec
onds West for a distance of
98.92 feet to a point; THENCE
South 08 degrees 57 minutes
29 seconds West for a dis
tance of 179.98 feet to a point;
THENCE South 01 degrees
26 minutes 58 seconds West
for a distance of 181.05 feet
to a point; THENCE South 03
degrees 18 minutes 28 sec
onds East for a distance of
71.59 feet to a point; THENCE
South 12 degrees 54 minutes
29 seconds East for a dis
tance of 61.09 feet to a point;
THENCE South 22 degrees
53 minutes 22 seconds East
for a distance of 165.06 feet
to a point; THENCE South 19
degrees 39 minutes 31 sec
onds East for a distance of
139.87 feet to a point; THENCE
South 55 degrees 44 minutes
17 seconds West for a dis
tance of 62.54 feet to a point;
THENCE South 18 degrees
52 minutes 33 seconds East
for a distance of 116.83 feet
to a point; THENCE South 75
degrees 26 minutes 45 sec
onds East for a distance of
160.83 feet to a point; THENCE
South 21 degrees 01 minutes
38 seconds East for a dis
tance of 160.28 feet to a point;
THENCE South 69 degrees
06 minutes 48 seconds West
for a distance of 208.87 feet
to a point in the centerline
of Sandy Creek; THENCE up
said creek and along the cen
terline (centerline of creek is
property line) thereof the fol
lowing courses and distances,
North 51 degrees 07 minutes
29 seconds West for a dis
tance of 48.33 feet to a point;
THENCE North 31 degrees
33 minutes 09 seconds West
for a distance of 363.88 feet
to a point; THENCE North
30 degrees 34 minutes 34
seconds West for a distance
of 129.81 feet to a point;
THENCE North 16 degrees
55 minutes 58 seconds West
for a distance of 176.48 feet
to a point; THENCE North 20
degrees 50 minutes 40 sec
onds West for a distance of
120.05 feet to the end of a
30” reinforced concrete pipe;
THENCE North 22.degrees 22
minutes 11 seconds West for
a distance of 160.54 feet to
a point; THENCE leaving the
centerline of the creek North
51 degrees 29 minutes 19 sec
onds East for a distance of
59.18 feet to a point; THENCE
North 41 degrees 32 minutes
07 seconds East for a dis
tance of 100.62 feet to a point;
THENCE North 18 degrees
12 minutes 28 seconds East
for a distance of 145.61 feet
to a point; THENCE North 46
degrees 18 minutes 17 sec
onds East for a distance of
167.43 feet to a point; THENCE
North 02 degrees 11 minutes
36 seconds East for a dis
tance of 70 54 feet to a point;
THENCE North 11 degrees
24 minutes 02 seconds West
for a distance of 89 87 feet
to a point; THENCE North 06
degrees 00 minutes 54 sec
onds West for a distance of
83.40 feet to a point; THENCE
North 20 degrees 53 minutes
08 seconds West for a dis
tance of 65 30 feet to a point;
THENCE North 40 degrees
38 minutes 27 seconds West
for a distance of 52.97 feet
to a point; THENCE North 34
degrees 13 minutes 47 sec
onds West for a distance of
66.99 feet to a point; THENCE
North 12 degrees 22 minutes
39 seconds East for a dis
tance of 65.52 feet to a point;
THENCE North 21 degrees
23 minutes 33 seconds East
for a distance of 54.83 feet
to a point; THENCE North 11
degrees 05 minutes 00 sec
onds West for a distance of
92.79 feet to a point; THENCE
North 69 degrees 08 minutes
39 seconds West for a dis
tance of 95.24 feet to a point;
THENCE North 14 degrees
41 minutes 24 seconds East
for a distance of 42.65 feet
to a point; THENCE North 50
degrees 04 minutes 50 sec
onds East for a distance of
71.65 feet to a point; THENCE
North 39 degrees 59 minutes
21 seconds East for a dis
tance of 173.86 feet to a point;
THENCE North 55 degrees 33
minutes 35 seconds East for
a distance of 268.20 feet to
a 3/8” rebar found; THENCE
North 39 degrees 17 minutes
33 seconds East for a distance
of 143.57 feet to the TRUE
POINT OF BEGINNING.
LESS AND EXCEPT:
All those tracts or parcels
of land lying and being in the
255th District, G.M., Jackson
County, Georgia, and being
Tract 1 consisting of 0.514
acre, Tract 2 consisting of
91.544 acres, Tract 3 consist
ing of 49.981 acres, Tract 4
consisting of 5.027 acres, Tract
5 consisting of 0.457 acre,
Tract 6 consisting of 4.371
acres, and Tract 7 consist
ing of 6.414 acres, and being
more particularly described on
a plat and survey for Eagle
Greens Chattahoochee, LLC,
by Warren S. Wood, Wood
Brothers & Scott, Inc., Land
Surveyors, dated January 16,
2008, and recorded in Plat
Book 72, Page 17, Jackson
County, Georgia Records.
Said plat is incorporated here
in and made a part hereof by
reference and made a part of
this description.
LESS AND EXCEPT:
All that tract or parcel of
land lying and being in the
255th District, G.M., Jackson
County, Georgia, being Lots
1-14, Block A, Lots 1-27, Block
B, Lots 1-26, Block C, and Lots
1-17, Block D of Sandy Creek
Golf Course Subdivision, as
per plat thereof recorded in
Plat Book 66, Pages 283-
294, Jackson County, Georgia
Records, which plat is incorpo
rated herein and made a part
hereof by reference and made
a part of this description.
TOGETHER WITH
SUBDIVISION LOT TRACTS:
All that tract or parcel of land
lying and being in the 255th
District, G.M., Jackson County,
Georgia, being Lots 1-7 and
Lots 11-14, Block A; Lots 4-27,
Block B; Lots 1-6, Lots 10-13,
Lots 15-16, Lots 18-23 and
Lots 25-26, Block C; and Lots
1-12, Lot 14 and Lots 16-17,
Block D of Sandy Creek Golf
Course Subdivision, together
with all common areas, as
per plat recorded in Plat Book
66, Pages 283-294, Jackson
County, Georgia Records,
which plat is incorporated
herein and made a part hereof
by reference and made a part
of this description.
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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, zon
ing ordinances, restrictions,
covenants, and easements
against the property, if any.
The sale will be conducted as
set forth herein subject to (1)
confirmation prior to the sale
that the sale is not prohib
ited 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 is designated as
Lots 1-7, 11-14, Block A;
Lots 4-27, Block B; Lots 1-6,
10-13, 15-16, 18-23, 25-26,
Block C; and Lots 1-12, 14,
16-17, Block D, and the com
mon areas of Sandy Creek
Golf Course Subdivision,
Jackson County, Georgia,
and the party in possession of
the property is Eagle Greens
Chattahoochee, LLC, or its
tenant or tenants.
EMPIRE FINANCIAL
SERVICES, INC., as Attorney
in Fact for Eagle Greens
Chattahoochee, LLC
Thompson, O’Brien, Kemp
6 Nasuti, PC.
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.
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of
Sale contained in that certain
Security Deed from DESIGN
PLUS CUSTOM HOMES OF
GEORGIA, INC. to BRANCH
BANKING AND TRUST
COMPANY, dated March 12,
2007, recorded March 28,
2007, in Deed Book48-A, Page
398, Jackson County, Georgia,
the said Security Deed was
modified and recorded April 9,
2008, in Deed Book52-A, Page
36, Jackson County, Georgia
Records, said Security Deed
having been given to secure a
Note of even date in the princi
pal amount of NINETY THREE
THOUSAND DOLLARS AND
NO CENTS ($93,000.00), with
interest thereon as provided
for 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 June 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 245TH
AND 248TH DISTRICT,
G.M., JACKSON COUNTY,
GEORGIA, BEING LOT 41,
POD F, TRADITIONS OF
BRASELTON, PHASE 1, AS
PER PLAT RECORDED IN
PLAT BOOK 62, PAGE 269, IN
THE OFFICE OF THE CLERK
OF SUPERIOR COURT
OF JACKSON COUNTY,
GEORGIARECORDS, WHICH
PLAT IS INCORPORATED
HEREIN BY REFERENCE
AND MADE A PART OF THIS
DESCRIPTION.
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 he 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 sub
ject 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 constitute
liens upon said property; all
restrictive covenants, ease
ments, rights-of-way and any
other matters of record supe
rior 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 Design Plus
Custom Homes of Georgia,
Inc. or tenant(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, Branch Banking and
Trust Company as Attorney in
Fact for Design Plus Custom
Homes of Georgia, Inc.
Contact: Patrick J. Geheren,
Esq., 1535 Mount Vernon
Road, Atlanta, GA 30338 TEL
(678) 587-9500.
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(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 Deed to Secure
Debt (“Security Deed”) exe
cuted by NORTH RIVER
DEVELOPMENT, LLC in
favor of COMMUNITY BANK
& TRUST dated July 31,
2007, and recorded at Deed
Book 0049-W, Pages 0233-
0235 of the Jackson County,
Georgia, Deed Records, the
undersigned will sell at public
outcry to the highest bidder
for cash before the door of
the Courthouse of Jackson
County, Georgia, during the
legal hours of sale, on the first
Tuesday in June, 2009, that
being June 2, 2009, the follow
ing described property:
ALL THAT TRACT OR
PARCEL OF LAND situ
ate, lying and being in the
704th District, G.M., Jackson
County, Georgia, consisting
of 50.0 acres, more or less,
as shown on a plat of sur
vey entitled “Survey for Dream
River Investments, Inc.”, pre
pared by Cornerstone Land
Surveying, certified by Georgia
Registered Surveyor No. 2407,
dated June 5, 1999, and being
of record in the Office of the
Clerk of the Superior Court
of Jackson County, Georgia,
in Plat Book 54, Page 72,
which said plat and the record
ing thereof are by reference
hereto incorporated herein for
a more complete and detailed
description.
This conveyance is subject
to all rights of ways, restrictions,
and easements of record.
LESS AND EXCEPT:
ALL THAT TRACT OR
PARCEL OF LAND situate,
lying and being in the 704th
District, G.M., Jackson County,
Georgia, being shown as Tract
1, containing 0.597 acres and
Tract 2, containing 5.0 acres,
more or less, as shown on a
plat of survey entitled “Survey
for Dream River Investments,
Inc.”, prepared by W.T.
Dunahoo and Associates,
certified by W.T. Dunahoo,
Georgia Registered Surveyor
No. 1577, dated September
13, 2001, and being of record
in the Office of the Clerk of
the Superior Court for Jackson
County, Georgia, in Plat Book
57, Page 291, which said plat
and the recording thereof are
by reference hereto incorpo
rated herein for a more com
plete and detailed description.
The debt secured by said
Security Deed is primarily
evidenced by a Commercial
Promissory Note, dated July
31, 2007, in the original prin
cipal amount of $503,346.00,
payable, principal and interest
from the date thereof shown on
said Commercial Promissory
Note on the unpaid balance
until paid. The Promissory Note
referred to in this paragraph
shall hereinafter be referred to
as “the Note.”
Default has occurred in the
payment of the debt evidenced
by the Note and secured by
the Security Deed as a result
of the nonpayment of install
ments owed thereunder. The
total balance of said debt
has, therefore, been declared
due and the Security Deed
foreclosable according to its
terms.
The debt remaining in
default, the property will be
sold to the highest bidder for
cash as the property of North
River Development, LLC, the
proceeds to be applied to the
payment of said indebtedness,
attorneys’ fees (notice of inten
tion to collect attorneys’ fees
having been given), and the
lawful expenses of said sale,
all as provided in the Note
and the Security Deed, said
sale to be subject to any and
all unpaid taxes and assess
ments, and restrictions, ease
ments and liens of record with
priority over the Security Deed
referenced above.
To the best of the under
signed’s knowledge and
belief, the property is in the
possession of North River
Development, LLC and will be
sold as the property of North
River Development, LLC.
The undersigned will exe
cute a deed to the purchaser
as authorized in the aforemen
tioned Security Deed.
North River Development,
LLC By Community Bank &
Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(MY6,13,20,27B/417-70T1)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by FAIRHAVEN
ENTERPRISES, INC.,
Grantor, to PEOPLES BANK &
TRUST, Grantee, dated JUNE
29, 2007, said deed record
ed in Jackson County Deed
Records at Deed Book 49-F,
Page 364, the undersigned,
PEOPLES BANK & TRUST,
pursuant 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 June, 2009, during the legal
hours of sale, at the court
house door in Jackson County,
Georgia, 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 GMD
248, Jackson County, Georgia,
being Tract 1, containing 1.509
acres, more or less, on plat of
survey for Clinton Kiley dated
February 12, 2000, which plat
is recorded in Jackson County
plat records at Plat Book 54,
Page 200, and is incorporated
herein by reference for a more
complete description.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
protective or restrictive cove
nants, rights-of-way, and ease
ments; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters of record superior to the
PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney
fees in accordance with the
terms of the Note secured by
said deed.
Said property will be sold as
the property of FAIRHAVEN
ENTERPRISES, INC., 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 under
signed will execute a deed
to the purchaser at said sale
as provided in the aforemen
tioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for
FAIRHAVEN ENTERPRISES,
INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by GREG HUSFELD,
Grantor, to PEOPLES BANK
& TRUST, Grantee, dated
SEPTEMBER 24, 2008, said
deed recorded in Jackson
County Deed Records at
Deed Book 53-I, Page 319,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the 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 in June,
2009, during the legal hours of
sale, at the courthouse door in
Jackson County, Georgia, 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
245th District, G.M., Jackson
County, Georgia, being known
and designated as Lot 26,
Phase 1 of Finch Landing
and being more particularly
described on a plat of sur
vey recorded at Plat Book 62,
Pages 35 & 36, and as last
revised at Plat Book 62, Pages
252 & 253, Jackson County,
Georgia Records; reference to
said plats of survey and the
recording thereof being hereby
made for a more complete
description.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
protective or restrictive cove
nants, rights-of-way, and ease
ments; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters of record superior to the
PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney
fees in accordance with the
terms of the Note secured by
said deed.
Said property will be sold
as the property of GREG
HUSFELD, and the proceeds
of said sale will be applied to
the payment of said indebt
edness, the expense of said
sale, all as provided in said
deed, and the undersigned will
execute a deed to the pur
chaser at said sale as provided
in the aforementioned Security
Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for GREG
HUSFELD
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deeo
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by MAPLE HOMES,
INC., Grantor, to PEOPLES
BANK & TRUST, Grantee,
dated NOVEMBER 9, 2006,
said deed recorded in Jackson
County Deed Records at
Deed Book 46-K, Page 712,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the 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 in June,
2009, during the legal hours of
sale, at the Courthouse door in
Jackson County, Georgia, sell
at public outcry, to the high
est bidder for cash, the prop
erty described in said deed,
to wit: All that tract or parcel of
land lying and being in GMD
245, Jackson County, Georgia,
being Lot 26, Summit Chase
East Subdivision, 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 complete
description. Said property will
be sold together with any and
all fixtures and personal prop
erty conveyed by said deed.
The sale will be held subject
to any unpaid taxes or other
assessments which may be
liens against said property; all
prior protective or restrictive
covenants, rights-of-way, and
easements; and all rights of
the Internal Revenue Service
as applicable; and any other
matters of record superior
to the PEOPLES BANK &
TRUST Security Deed. Notice
has been given of intention to
collect attorney fees in accor
dance with the terms of the
Note secured by said deed.
Said property will be sold
as the property of MAPLE
HOMES, INC., and the pro
ceeds 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 under
signed will execute a deed
to the purchaser at said sale
as provided in the aforemen
tioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for MAPLE
HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deeo
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by MAPLE HOMES,
INC., Grantor, to PEOPLES
BANK & TRUST, Grantee,
dated NOVEMBER 9, 2006,
said deed recorded in Jackson
County Deed Records at
Deed Book 46-K, Page 724,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the 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 in June,
2009, during the legal hours of
sale, at the courthouse door in
Jackson County, Georgia, 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 GMD
245, Jackson County, Georgia,
being Lot 33, Summit Chase
East Subdivision, 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 complete
description.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
continued on following page