Newspaper Page Text
PAGE 14C
THE JACKSON HERALD
WEDNESDAY, MAY 13, 2009
Public Notices Continued
ence and made a part of this
description.
Together with a 20 foot
ingress/egress easement as
shown on plat recorded in Plat
Book 25, Page 47, Jackson
County Records.
which has the property
address of 6096 Hwy. 124
West, Hoschton, 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
(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 Philip C.
Waldron 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 undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
IndyMac Federal Bank FSB
Attorney in Fact for Philip C.
Waldron
Anthony DeMarlo, Attorney/
Iseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-12682 /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.
(MY6,13,20,27B/1325-50)
gpnll
Notice of
Foreclosure
Notice of Foreclosure Under Deed to Secure
Debt with Power of Sale
State of Georgia, County of Jackson
Because of default in the
payment of indebtedness evi
denced by a Promissory Note
dated January 25, 2008, in
the original principal sum of
$600,000.00 (being a renewal
of indebtedness evidenced
by Promissory Note original
ly dated October 18, 2006),
said Note being secured by
a Deed to Secure Debt exe
cuted by CUSTOM DREAM
HOMES, LLC, as Grantor, to
GWINNETT COMMUNITY
BANK, as Grantee, dated
October 18, 2006, filed for
record October 27, 2006, at
10:12 a.m. and recorded at
Deed Book 46-C, Pages 498-
503, in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia, and because
of said default in the payment
of the indebtedness evidenced
by the Promissory Note dated
January 25, 2008, and by vir
tue of the fact that said Note
fully matured and became fully
due and payable in full, pursu
ant to the terms of said Note on
January 25, 2009, and by rea
son of the failure of CUSTOM
DREAM HOMES, LLC to pay
said Note together with all
accrued and unpaid interest
and late charges due thereon
when said Note became due,
GWINNETT COMMUNITY
BANK will, pursuant to the
power of sale contained in
said Deed to Secure Debt,
sell at public outcry on the first
Tuesday in June, 2009, dur
ing the legal hours of sale
before the Courthouse door
in Jackson County, Georgia to
the highest and best bidder for
cash the property described
in said Deed to Secure Debt,
to-wit:
ALL THAT TRACT OR
PARCEL OF LAND lying and
being in GMD 248 of Jackson
County, Georgia and being
designated as Lots 17, 18,
19, 20, 21, 22, 23, 24, 25
and 26 of Braselton Farms
Subdivision, according to that
Final Plat for Braselton Farms
Subdivision prepared by Ringo
Abernathy & Associates,
certified by Kevin V. Ringo,
GA RLS #2278 and S. Guy
Abernathy, GA RLS #15252
dated 06/07/06 and recorded
in Plat Book 68, Page 89,
Jackson County, Georgia
Records, which plat is incorpo
rated herein and made a part
hereof by reference thereto for
a more complete description of
the property conveyed herein.
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 to confirmation that the
sale is not prohibited under the
U.S. Bankruptcy Code.
Notice has been given as
required by law of the intention
to enforce provisions for the
collection of attorney’s fees and
costs of foreclosure in accor
dance with legal requirements
and the terms of the above
Note and Deed to Secure
Debt securing said Note. Said
property will be sold as the
property of CUSTOM DREAM
HOMES, LLC. The proceeds
of said sale will be used to pay
the expenses of said sale, to
pay the sums secured by said
Deed to Secure Debt with the
excess, if any, to be paid to
such other persons entitled to
the same as provided by law.
Said sale shall further be
made subject to any and all
easements, restrictions or cov
enants of record which pre
dated the date of the Security
Deed being foreclosed here
by.
The property in the Deed to
Secure Debt referred to herein
above is residential real prop
erty, provided, however, that
the loan is a commercial loan
and notice of said foreclosure
is not required by Official Code
of Georgia Annotated Section
44-14-162.2 as amended,
Georgia Laws 1981. To
the best of the knowledge of
the undersigned, the party in
possession of the property is
CUSTOM DREAM HOMES,
LLC.
The undersigned, as Attorney
in Fact for CUSTOM DREAM
HOMES, LLC will execute a
deed to the purchaser at said
sale as provided in the afore
said Deed to Secure Debt.
GWINNETT COMMUNITY
BANK, as Attorney in Fact for
CUSTOM DREAM HOMES,
LLC
By: W. PAUL KESMODEL,
JR. as Attorney forGWINNETT
COMMUNITY BANK
W. Paul Kesmodel, Jr., P.C.
Attorney at Law
Post Office Box 2050
Duluth, Georgia 30096
770-476-5268 (Phone)
770-497-9416 (Fax)
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
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by JAMES COUCH
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 27,2007, in the
amount of $420,950.00, and
recorded in Deed Book 48-N,
Page 547, Jackson County,
Georgia Records, as last trans
ferred to National City Bank by
assignment, the undersigned,
National City Bank 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, 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 GMD, Jackson County,
Georgia, being Lot 31, Sterling
Lake at Jefferson, as per
plat recorded in Plat Book
66, Pages 171-174, Jackson
County, Georgia Records, said
plat being incorporated herein
by reference thereto.
which has the property
address of 448 Lakeside Ct.,
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 prop
erty.
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 James
Couch 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 undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
National City Bank
Attorney in Fact for
James Couch
Anthony DeMarlo, Attorney/
canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08758 /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.
(MY6,13,20,27B/1325-50)
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
FLORIN MARTINAS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for
SUNTRUST MORTGAGE,
INC., dated December 8, 2006,
recorded in Deed Book 46-S,
Page 609, Jackson County,
Georgia Records, conveying
the after-described property to
secure a Note in the original
principal amount of THREE
HUNDRED THIRTY-THREE
THOUSAND AND 0/100
DOLLARS ($333,000.00),
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 June, 2009, the fol
lowing described property:
All that tract or parcel of
land lying and being in GMD
455, Jackson County, Georgia,
being Lot 14, Falls of Stockton
Farm, Unit 7-A, as per Plat
recorded in Plat Book 68,
Pages 40-44, Jackson County,
Georgia Records, which Plat
is incorporated herein by ref
erence for a more complete
description of the subject prop
erty.
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).
Suntrust Mortgage, Inc. can
be contacted at 866-384-0903
or by writing to 1001 Semmes
Avenue, Richmond, VA 23224,
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
property is Florin Martinas
or a tenant or tenants and
said property is more com
monly known as 412 Trillium
Trail, Pendergrass, Georgia
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.
Mortgage Electronic
Registration Systems, Inc.
as Attorney in Fact for Florin
Martinas.
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/jas 6/2/09
Our file no. 1240409-FT2
(MY6,13,20,27B/12062-50T1P)
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 JOHN T. HADDEN, JR.
and JOY D. HADDEN to
HOMEBANC MORTGAGE
CORPORATION, dated
December 9, 2005, recorded
in Deed Book 41-V, Page
36, Jackson County, Georgia
Records, as last trans
ferred to U.S. Bank National
Association as Trustee for
the Certificateholders of
Structured Asset Mortgage
Investments II Inc. Bear
Stearns ARM Trust, Mortgage
Pass-Through Certificates,
Series 2005-12 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 TWO HUNDRED
EIGHTY THOUSAND EIGHT
HUNDRED AND 0/100
DOLLARS ($280,800.00),
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 June, 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 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: 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
property is John T. Hadden, Jr.
and Joy D. Hadden or a tenant
or tenants and said property
is more commonly known as
30 Bear Cub Way, Bogart,
Georgia 30622.
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.
U.S. Bank National
Association as Trustee for the
Certificateholders of Structured
Asset Mortgage Investments II
Inc. Bear Stearns ARM Trust,
Mortgage Pass-Through
Certificates, Series 2005-12
as Attorney in Fact for John
T. Hadden, Jr. and Joy D.
Hadden
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mcs 6/2/09
Our file no. 51064909-FT1
EXHIBIT A
All that tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 1747th
District, G.M., Jackson County,
Georgia, and being known and
designated as Lot 46, Block
A, Bear Creek Estates, and
being more particularly shown
on a survey entitled “Final
Subdivision Plat for Bear Creek
Estates”, dated February 10,
2004, revised March 11,2004,
and recorded in Plat Book 62,
Pages 243-248, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia,
reference to which is hereby
made for a more particular
description of the property
herein conveyed.
(MY6,13,20,27B/12062-701P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by CONSUELO
GIRAL to HOMEBANC
MORTGAGE CORPORATION
dated December 2, 2004,
and recorded in Deed Book
37-A, Page 753, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to The Bank of New York
Mellon, fka The Bank of New
York as Successor in interest
to JPMorgan Chase Bank NA
as Trustee for Structured Asset
Mortgage Investments II Inc.
Bear Stearns ALT-A Trustee
2005-5, Mortgage Pass-
Through Certificates, Series
2005-5, by Assignment secur
ing a Note in the original prin
cipal amount of $171,400.00,
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, June 2, 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 GMD 1765,
Jackson County, Georgia,
being Lot 7, Arbor Pointe,
Phase II, as per subdivision
plat recorded in Plat Book
62, Pages 149-150, Jackson
County, Georgia Records,
which plat is hereby referred
to and made a part of this
description.
Said property is known as
175 Arbor Trace, Braselton,
GA 30517, 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 Consuelo
Giral, the property, to the best
information, knowledge and
belief of the undersigned,
being presently in the posses
sion of Consuelo Giral, 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.
The Bank of New York
Mellon, fka The Bank of New
York as Successor in interest
to JPMorgan Chase Bank NA
as Trustee for Structured Asset
Mortgage Investments II Inc.
Bear Stearns ALT-A Trustee
2005-5, Mortgage Pass-
Through Certificates, Series
2005-5 as Attorney-in-Fact for
Consuelo Giral
File no. 09-011845
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/KF
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(MY6,13,20,27B/1323-60T1P)
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
DONNA J. MCCRARY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS
INC., as nominee for
NATIONPOINT, A DIV. OF
FFFC, AN OP. SUB. OF
MLB&T CO., FSB, dated
March 28, 2007, recorded in
Deed Book 48-C, Page 21,
Jackson County, Georgia
Records and Deed Book ,
Page , County, Georgia
Records, and in Deed Book
, Page , County,
Georgia Records, as last
transferred to Bank of America,
National Association as suc
cessor by merger to LaSalle
Bank National Association,
as Trustee for Merrill Lynch
First Franklin Mortgage Loan
Trust, Mortgage Loan Asset-
Backed Certificates, Series
2007-3 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-ONE THOUSAND
NINE HUNDRED AND 0/100
DOLLARS ($161,900.00), 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 June, 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 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
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Home Loan Services, Inc., 150
Allegheny Center-ICD 23-521,
Pittsburgh, PA 15212, 800-
622-5035. 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
property is Donna J. McCrary
or a tenant or tenants and said
property is more commonly
known as 1617 Burnt Oak Ct.,
Jefferson, Georgia 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.
Bank of America, National
Association as successor
by merger to LaSalle Bank
National Association, as
Trustee for Merrill Lynch First
Franklin Mortgage Loan Trust,
Mortgage Loan Asset-Backed
Certificates, Series 2007-3 as
Attorney in Fact for Donna J.
McCrary
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 6/2/09
Our file no. 5987509-FT1
EXHIBIT A
All that tract or parcel of
land lying and being in the
245th District, G.M., Jackson
County, Georgia, being
known as Lot 90, Jefferson
Place Subdivision, as per plat
recorded in Plat Book 64,
Page 232, Jackson County,
Georgia Records, which plat is
incorporated herein and made
a part hereof by reference
(MY6,13,20,27B/12062-70T1P)
FAX Legals To:
706-387-5431.
continued on following page