Newspaper Page Text
PAGE 20C
THE JACKSON HERALD
WEDNESDAY, MAY 13, 2009
Public Notices Continued
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: Bank
of America, 475 Crosspoint
Parkway, Getzville, NY 14068,
800-285-6000. Please under
stand that the secured creditor
is not required by law to nego
tiate, amend, or modify the
terms of the mortgage instru
ment.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Loraine Swaim and
Norris E. Swaim or a tenant or
tenants and said property is
more commonly known as 974
Highway 332, 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.
Bank of America, N.A. as
Attorney in Fact for Loraine
Swaim and Norris E. Swaim
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/afm 6/2/09
Our file no. 5928109-FT7
EXHIBIT A
All that tract or parcel of land
lying and being in the 428th
G.M., District, Jackson County,
Georgia, containing 2.1 acres,
more or less, being more par
ticularly described according to
plat prepared by Nat Hancock,
Surveyor, dated June 1960 as
follows:
Beginning at an iron pin on
the right-of-way of the County
Asphalt Road Hwy 332, lead
ing from Pendergrass to
Hoschton, Georgia, said iron
pin being 40 feet from the
center of said road and at the
southeast corner of said road
and running along said road
right-of- way, north 29 degrees
15 minutes west 300 feet to
an iron pin; thence south 60
degrees 45 minutes west 300
feet to the beginning iron pin
corner. Bounded on the north
by lands of Thurmond, on
the east by County Asphalt
Road Hwy 32, leading from
Pendergrass to Hoschton, on
the southeast and west by
lands of Thurmond.
Together with that cer
tain 0.748 more tract of land
adjoining and lying to the north
of the above described prop
erty, and being more particu
larly described on a plat dated
June 9, 1987, prepared by J.P.
Farley, Jr., GRLS No. 1301,
and William H. Collins GRLS
No. 1435, filed June 12, 1987,
recorded June 15, 1987, Plat
Book 27, Page 115, Jackson
County Superior Court. Said
plat is incorporated by refer
ence as a part of this deed.
Being that parcel of land con
veyed to Norris E. Swaim and
Loraine Swaim, joint tenants
with right of survivorship from
Dean Crave and Vickie Crane
by that deed dated 08/29/2002
and recorded 08/30/2002 in
Deed Book 27M, at Page 438
of the Jackson County, GA
Public Registry.
Tax Map Reference: 103-
007
(MY6,13,20,27B/12062-80T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebtedness,
secu red by a Secu rity Deed exe
cuted by JOSEPH ZAVAGNIN
and PATRICIA ZAVAGNIN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 5, 2007, in
the amount of $157,600.00,
and recorded in Deed Book
48-E, Page 197, Jackson
County, Georgia Records, as
last transferred to Deutsche
Bank National Trust Company
as Trustee for American Home
Mortgage Assets Trust 2007-
3 Mortgage-Backed Pass-
Through Certificates, Series
2007-3 by assignment, the
undersigned, Deutsche Bank
National Trust Company as
Trustee for American Home
Mortgage Assets Trust 2007-
3 Mortgage-Backed Pass-
Through Certificates, Series
2007-3 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
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 parcel of land lying
and being in GMD 1765 of
Jackson County, Georgia,
being Lot 105, Remington
Park on the River, as per plat
recorded in plat Book 57, Page
111, Jackson County Records,
said plat being incorporated
herein by reference thereto.
which has the property
address of 50 Remington
Park Dr., Braselton, 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 Joseph
Zavagnin and Patricia
Zavagnin 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.
Deutsche Bank National
Trust Company as Trustee
for American Home Mortgage
Assets Trust 2007-3
Mortgage-Backed Pass-
Through Certificates, Series
2007-3 Attorney in Fact for
Joseph Zavagnin and Patricia
Zavagnin
Anthony DeMarlo, Attorney/
smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-02753 /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
State of Georgia County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by CHRISTOPHER
L. DONNELLY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated August 24, 2005,
and recorded in Deed Book
40-M, Page 153, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to U.S. Bank National
Association as Trustee, by
Assignment securing a Note
in the original principal amount
of $150,320.00, 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, 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 the
GMD 245 of Jackson County,
Georgia, being Lot 27, Block B,
Jefferson Walk East, Unit One,
as per plat recorded in Plat
Book 62, Page 81, Jackson
County, Georgia Records, said
plat being incorporated herein
and made reference hereto.
Said property is known as
378 Jefferson Walk Circle,
Jefferson, GA 30549, togeth
er with all fixtures and personal
property attached to and con
stituting 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 Christopher
L. Donnelly, the property, to
the best information, knowl
edge and belief of the under
signed, being presently in the
possession of Christopher L.
Donnelly, 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
distributed as provided by law.
U.S. Bank National
Association as Trustee as
Attorney-in-FactforChristopher
L. Donnelly
File no. 07-2196
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]
(MY6,13,20,27B/1323-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of a default in
the payment of the indebt
edness secured by a
Security Deed executed by
BETHANY C. BRECHLER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated August 5, 2005,
and recorded in Deed Book
40-0, Page 479, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to HSBC Bank
USA, National Association, as
Trustee for FBR Securitization
Trust 2005-3, by Assignment
securing a Note in the origi
nal principal amount of
$163,634.00, the holder there
of 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, 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 1785
of the 3rd District, Jackson
County, Georgia, being Lot
163, Block B, Unit One of
Liberty Estates Subdivision as
per plat recorded in Plat Book
64, Pages 61-66, Jackson
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
Said property is known
as 591 New Liberty Way,
Braselton, GA 30517, togeth
er with all fixtures and personal
property attached to and con
stituting 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 Bethany C.
Brechler, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Bethany C. Brechler,
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.
HSBC Bank USA, National
Association, as Trustee for
FBR Securitization Trust
2005-3 as Attorney-in-Fact for
Bethany C. Brechler
File no. 08-005373
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]
(MY6,13,20,27B/1323-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of
the Power of Sale con
tained in a Deed to Secure
Debt given by ROXANNE
CAROLINE SHUNK to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for ENCORE
CREDIT CORPORATION,
dated December 1, 2005, and
recorded in Deed Book 414,
Page 93, Jackson County,
Georgia Records, as last
transferred to Deutsche Bank
National Trust Company, as
Trustee for the registered hold
ers of Bravo Mortgage Asset
Trust 2006-1, Bravo Mortgage
Asset Backed Pass-Through
Certificates, Series 2006-1 by
Assignment filed for record
in Jackson County, Georgia
records, conveying the after-
described property to secure
a Note of even date in the
original principal amount of
$446,500.00, with interest at
the rate specified therein, there
will be sold by the undersigned
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, to wit:
June 2, 2009, the following
described property:
All that tract or parcel of land
lying and being in the 248th
District, G.M., Jackson County,
Georgia, containing 7.89 acres
as shown by that certain plat
of survey entitled “Survey
for Cheryl M. West”, dated
December 7, 1987, prepared
by Terrell & Associates, certi
fied by Roy A. Terrell, Georgia
Registered Land Surveyor
No. 1700, and recorded in
the Office of the Clerk of the
Superior Court of Jackson
County, Georgia in Plat Book
28, Page 123, which plat and
the recording thereof are incor
porated herein by reference for
a more complete description
of the property; together with
all improvements thereon and
appurtenances thereto (here
inafter to “property”).
The debt secured by said
Deed to Secure Debt has been
and is hereby declared due
because of, among other pos
sible events of default, failure
to pay the indebtedness as
and when due and in the man
ner provided in the Note and
Deed to Secure Debt. The
debt remaining in default, this
sale will be made for the pur
pose of paying the same and
all expenses of this sale, as
provided in the Deed to Secure
Debt and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in posses
sion of the subject property
known as 1205 Highway 60,
Hoschton, GA 30548 is (are):
Roxanne Caroline Shunk or
tenant or tenants.
Said property will be sold
subject to (a) any outstanding
ad valorem taxes (including
taxes which are a lien, but not
yet due and payable), (b) any
matters which might be dis
closed by an accurate survey
and inspection of the property,
and (c) all matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not limited to, assess
ments, liens, encumbrances,
zoning ordinances, easements,
restrictions, covenants, etc.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code; (2)
O.C.G.A. Section 9-13-172.1;
and (3) final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Pursuantto O.C.G.A. Section
9-13-172.1, which allows for
certain procedures regarding
the rescission of judicial and
nonjudicial sales in the State
of Georgia, the Deed Under
Power and other foreclosure
documents may not be provid
ed until final confirmation and
audit of the status of the loan
as provided in the preceding
paragraph.
Deutsche Bank National
Trust Company, as Trustee for
the registered holders of Bravo
Mortgage Asset Trust 2006-1,
Bravo Mortgage Asset Backed
Pass-Through Certificates,
Series 2006-1 as attorney
in fact for Roxanne Caroline
Shunk
Richard B. Maner, PC.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
FC09-322
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
By virue of a Power of Sale
contained in that certain Deed
to Secure Debt from CHADD
T. VINSON to GREEN TREE
FINANCIAL SERVICING
CORPORATION nka GREEN
TREE SERVICING, LLC, dated
August 27, 1999, and record
ed in Deed Book 20-D, Page
8, in the Office of the Clerk
of Superior Court of Jackson
County, Georgia, said Deed
to Secure Debt having been
given to secure a Note, dated
August 27, 1999, in the origi
nal principal amount of ONE
HUNDRED TWENTY EIGHT
THOUSAND TWO HUNDRED
EIGHTY SEVEN AND 95/100
DOLLARS ($128,287.95) with
interest thereon as provided
therein, 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 of
June 2009 regarding the fol
lowing described property:
All that tract or parcel of
land lying and being in 1765th
G.M.D., Jackson County,
Georgia, being 3.53 acres
according to plat of Boundary
Survey for Ralph J. Perry, J.R.
& Kaye Perry, recorded in Plat
Book 23, Page 75, Jackson
County records and incorpo
rated herein; being the same
property conveyed in deed
recorded in Deed Book 19-F,
Page 488, said records.
Also conveyed herewith is
a 2000 Palm Harbor 28x66
manufactured home, Serial
Number PH1410428, which is
permanently attached to and
made a part of the real prop
erty.
Said property is commonly
known as 74 Davenport Rd.,
Braselton, GA 30517.
The indebtedness secured
by said Deed to Secure
Debt has been and is here
by declared due because of
default under the terms of said
Deed to Secure Debt and Note,
including but not limited to the
nonpayment of the indebted
ness 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 attorney’s fees and
all other payments provided for
under the terms of the Deed to
Secure Debt and Note.
Said property will be sold
subject to the following items
which may effect the title of
said property; zoning ordi
nances, matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstanding
taxes, including but not limited
to ad valorem taxes, which
constitute liens upon said
property; special assessments;
all outstanding bills for public
utilities which constitute liens
upon said property; all restric
tive covenants, easements,
rights-of-way and any other
matters of record superior to
said Deed to Secure Debt.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Chadd T. Vinson or
tenant(s).
Green Tree Servicing, LLC
as Attorney-in-Fact for Chadd
T. Vinson
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd.,
Suite B
Atlanta, Georgia 30319
(404) 728-0220
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
State of Georgia County of Jackson
By virtue of the power of
sale contained in that certain
Deed to Secure Debt from
STUART M. SCRUGGS to
BRANCH BANKING & TRUST
COMPANY, dated April 5,
2007, and recorded in Deed
Book 48-E, Pages 348-355,
Jackson County, Georgia
Records (hereinafter referred
to as “Deed to Secure Debt”),
said Deed to Secure Debt
securing a Promissory Note
(“Note”) in the original princi
pal sum of SEVEN HUNDRED
FORTY FOUR THOUSAND
AND 00/100 DOLLARS
($744,000.00), with interest
from said date at the rate stat
ed in said Note on the unpaid
balance until paid, there will
be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse at Jackson County,
Georgia, within the legal hours
of sale on Tuesday, June 2,
2009, the property described
on Exhibit “A” attached hereto
and incorporated herein by ref
erence. The debts secured
by said Deed to Secure Debt
have been and are hereby
declared due and payable
because of, among other pos
sible events of default, failure
to make payments on said
Note. The debts remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, including attorney’s fees.
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, restric
tions, easements, covenants,
and matters of record superior
to the Deeds to Secure Debt
first set out above, including,
but not necessarily limited to,
senior encumbrances that will
not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned, the
Party in possession of the
property is Stuart M. Scruggs
or a tenant or tenants, and said
property is more commonly
known as LOT 8, NORTH
JEFFERSON BUSINESS
PARK, JACKSON COUNTY,
GEORGIA. However, please
rely only on the legal descrip
tion contained in this notice for
the location of the property.
Branch Banking & Trust
Company
Attorneys in Fact for Stuart
M. Scruggs d/b/a Scruggs
Contracting Service
Martin G. Quirk, Esq.
Angela M. Hurley, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
Exhibit “A”
All that tract or parcel of
land lying and being in G.M.D.
428, Jackson County, Georgia,
being Lot 8, North Jefferson
Business Park, as per plat of
survey for Joe White, dated
March 17, 2006, and record
ed in Plat Book 68, Page 5,
Jackson County, Georgia
Records, which plat is incorpo
rated herein by reference and
made a part hereof.
< 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
and Security Agreement from
EARTH RESOURCES, INC.
(the “Grantor”) to and in favor
of GEORGIAN BANK (the
“Lender”) dated June 28, 2007,
filed for record July 18, 2007,
and recorded in Deed Book
49-K, Pages 518-538, Jackson
County, Georgia Records, as
modified by that certain Loan
Modification Agreement by and
between Charles C. Dinsmore
(“CCD”), Grantor, Dinsmore
Grading, Inc. (“Grading”) and
Lender dated August 28, 2007,
filed for record October 17,
2007, and recorded in Deed
Book 0050-K, Pages 0251-
0266, aforesaid records and
recorded on October 1, 2007,
in Deed Book 01056, Pages
0092-0107, Madison County,
Georgia records (the “First
Modification”), as further modi
fied by that certain Modification
Agreement by and between
Grantor and Lender dated
March 28, 2008, filed for
record August 4, 2008, and
recorded in Deed Book 0052Z,
Pages 0342-0343, Jackson
County, Georgia records, and
recorded on June 2, 2008,
continued on following page