Newspaper Page Text
WEDNESDAY, MAY 13, 2009
THE JACKSON HERALD
PAGE 21C
Public Notices Continued
in Deed Book 00936, Pages
0304-0305, Franklin County,
Georgia records (the “Second
Modification”) (as modified,
the “Security Deed”); secur
ing i) that certain renewal
Promissory Note from Grantor
to and in favor of Lender
dated March 28, 2008 in the
original principal sum of TWO
MILLION ONE HUNDRED
FORTY-FIVE THOUSAND
AND 00/100 DOLLARS
($2,145,000.00); ii) that cer
tain renewal Promissory Note
from CCD to and in favor of
Lender dated March 28, 2008
in the original principal sum of
TWO HUNDRED THOUSAND
AND 00/100 DOLLARS
($200,000.00); iii) that cer
tain renewal Promissory Note
from CCD to and in favor
of Lender dated March 28,
2008 in the original principal
sum of TWO MILLION FIVE
HUNDRED TWO THOUSAND
TWO HUNDRED SEVENTY-
FOUR AND 00/100 DOLLARS
($2,502,274.00); iv) that cer
tain renewal Promissory Note
from CCD to and in favor of
Lender dated March 28, 2008
in the original principal sum of
SIX HUNDRED THOUSAND
AND 00/100 DOLLARS
($600,000.00); and v) that
certain renewal Promissory
Note from CCD to and in
favor of Lender dated March
28, 2008 in the original prin
cipal sum of TWO MILLION
THREE HUNDRED TWENTY-
FIVE THOUSAND FORTY-
SIX AND 00/100 DOLLARS
($2,325,046.00) (collectively,
the “Notes”); 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 appurtenances (hereinaf
ter collectively referred to as
the “Premises”) to wit:
Parcel One:
All that tract or parcel of
land, together with all improve
ments thereon, lying and being
in G.M. District 428, of Jackson
County, Georgia, and being
94.48 acres as shown on a
plat for Milton and Anne B.
Fried, dated October 27, 1998,
as surveyed by Richard H.
Holcomb, Registered Surveyor,
which plat is recorded at Plat
Book 50, Page 243, of the
Jackson County Records and
incorporated herein by ref
erence for a more complete
description thereof.
Parcel Two:
All that tract or parcel of
land, together with all improve
ments thereon, lying and
being in 428 GMD, Jackson
County, Georgia, containing
12.05 acres, more or less, as
shown on plat of survey of
Owen Patton, Surveyor, dated
July 15, 1993, recorded at Plat
Book 41, Page 88, Jackson
County Plat Records, said plat
being incorporated herein by
reference and being more par
ticularly described as follows:
BEGINNING at an iron pin
corn on the eastern right-of-
way of Brooks Road, said
road being an 80 foot right-
of-way, said iron pin being
North 7 degrees 38 minutes
59 seconds East 422.63 feet
from a nail in the centerline
intersection Brooks Road and
Lanier Road; running thence
along the eastern right-of-
way of Brooks Road North 01
degrees 57 minutes 07 sec
onds East 322.05 to an iron
pin at a power pole; continu
ing along the eastern right-of-
way of Brooks Road North 01
degree 42 minutes 30 seconds
East 90.66 feet to an iron pin
corner; running thence along
property now or formerly of
Robert T. Smith, III, North 89
degrees 54 minutes 54 sec
onds East 381.09 feet to a
point; running thence North 05
degrees 45 minutes 37 sec
onds East 166.65 feet to an
iron pin corner; running thence
North 87 degrees 28 feet to a
point; thence north 45 degrees
17 minutes west 174.64 feet
to a point; thence north 45
degrees 47.70 minutes west
180.88 feet to a point; thence
north 51 degrees 30.37 min
utes west 62.23 feet to a point;
thence north 61 degrees 38
minutes west 101.52 feet to a
point; thence north 76 degrees
31.52 minutes west 103.64
feet to a point; thence north 83
degrees 59.20 minutes west
100.99 feet to a point; thence
south 89 degrees 46.29 min
utes west 107.13 feet to a
point; thence south 78 degrees
23.58 minutes west 99.76 feet
to a point; thence south 74
degrees 49.22 minutes west
102.62 feet to the point of
beginning. Said tract contains
15.73 acres more or less, min
utes 21 seconds East 570.87
feet to a crimp top pin set;
running South 14 degrees
41 minutes 00 seconds East
218.39 feet to an iron pin; run
ning thence South 14 degrees
41 minutes 00 seconds East
354.60 feet to an iron pin
found at a fence corner; run
ning thence South 87 degrees
28 minutes 21 seconds West
1128.14 feet to an iron pin corn
on the eastern right-of-way of
Brooks Road and the point of
beginning.
Parcel Three:
All that tract or parcel of
land, together with all improve
ments thereon, lying and
being in the 428th GM District,
Jackson County, Georgia, con
taining 15.73 acres, as shown
on a plat of survey prepared by
Owen Patton, GRLS, prepared
by Fred R. Baldwin, dated
May 30, 1980 and as recorded
at Plat Book 17, Page 126,
Jackson County Plat Records,
said plat being incorporated
herein by thereto and being
more particularly described as
follows:
BEGINNING at an iron pin
at the northeast corner of the
intersection of Mountain Creek
Church Road (paved) and
Bridges Road (gravel) then
running north 02 degrees 01
minutes east 324.32 feet to a
point; thence north 01 degrees
44 minutes east 65 feet to
an iron pin; thence north 87
degrees 28.31 minutes east
1,128.30 feet to an iron pin;
thence south 14 degrees
41 minutes east 214.5 feet
to an iron pin; thence south
14 degrees 38.58 feet east
516.23 feet to an iron pin;
thence south 55 degrees 09
minutes west 349.41 feet to
an iron pin at the right of way
of northeast side of Bridges
Road; thence north 48 degrees
57.28 minutes west 84.90 feet
to a point; thence north 42
degrees 41.57 minutes west
117.88 (the “Land”).
Together with all buildings,
structures and improvements
of every nature whatsoever
now or hereafter situated on
the Land, and all gas and elec
tric fixtures, radiators, heat
ers, engines and machinery,
boilers, ranges, elevators and
motors, plumbing and heating
fixtures, carpeting and other
floor coverings, fire extin
guishers and any other safety
equipment required by gov
ernmental regulation or law,
washers, dryers, water heat
ers, mirrors, mantels, air condi
tioning apparatus, refrigerating
plants, refrigerators, cooking
apparatus and appurtenances,
window screens, awnings and
storm sashes, which are owned
by Grantor and attached to
said buildings, structures or
improvements and all other
furnishings, furniture, fixtures,
machinery, equipment, appli
ances, vehicles, building sup
plies and materials, books and
records, chattels, inventory,
accounts, farm products, con
sumer goods, general intan
gibles and personal property of
every kind and nature whatso
ever now or hereafter owned
by Grantor and located in, on
or about, or use or intended
to be used with or in connec
tion with the use, operation or
enjoyment of the Land, includ
ing all extensions, additions,
improvements, betterments,
after-acquired property, renew
als, replacements and substi
tutions, or proceeds from a
permitted sale of any of the
foregoing, and all the right, title
and interest of Grantor in any
such furnishings, furniture, fix
tures, machinery, equipment,
appliances, vehicles and per
sonal property subject to or
covered by any prior security
agreement, conditional sales
contract, chattel mortgage or
similar lien or claim, together
with the benefit of any deposits
or payments now or hereafter
mad by Grantor or on behalf
of Grantor, all trade-names,
trademarks, servicemarks,
logos and goodwill related
thereto which in any way now
or hereafter belong, relate or
appertain to the Land or any
part thereof or are now or here
after acquired by Grantor; and
all inventory, accounts, chat
tel paper, documents, equip
ment, fixtures, farm products,
consumer goods and general
intangibles constituting pro
ceeds acquired with cash pro
ceeds of any of the property
described herein above, all of
which are hereby declared and
shall be deemed to be fixtures
and accessions to the Land
as between the parties hereto
and all persons claiming by,
through or under them, and
which shall be deemed to be
a portion of the security for the
indebtedness herein described
and to be secured by the
Security Deed. The location
of the above described col
lateral is also the location of
the Land.
Together with all easements,
rights-of-way, strips and gores
of land, vaults, streets, ways,
alleys, passages, sewer rights,
waters, water courses, water
rights and powers, minerals,
flowers, shrubs, crops, trees,
timber and other emblements
now or hereafter located on
the Land or under or above
the same or any part or parcel
thereof, and all estates, rights,
titles, interests, privileges, liber
ties, tenements, hereditaments
and appurtenances, reversion
and reversions, remainder and
remainders, whatsoever, in
any way belonging, relating or
appertaining to the Land or any
part thereof, or which hereafter
shall in any way belong, relate
or be appurtenant thereto,
whether now owned or hereaf
ter acquired by Grantor.
Together with all income,
rents, issues, profits and
revenues of the Land from
time to time accruing (includ
ing without limitation all pay
ments under leases or tenan
cies, proceeds of insurance,
condemnation payments, ten
ant security deposits whether
held by Grantor or in a trust
account, and escrow funds),
and all the estate, right, title,
interest, property, possession,
claim and demand whatsoever
at law, as well as in equity,
or Grantor of, in and to the
same.
The indebtedness evidenced
by the Notes is due and pay
able and remains unpaid. The
Security Deed therefore has
become and is now foreclos-
able according to its terms.
Accordingly, the Premises will
be sold at public outcry pursu
ant to the terms of the power
of sale provided in the Security
Deed.
The Premises will be sold on
an “as is, where is” basis with
out recourse against Lender
and without representation or
warranty of any kind or nature
whatsoever by Lender with
respect thereto.
The proceeds of the sale
are to be applied first to the
expenses of the sale and all
proceedings in connection
therewith, including attorneys’
fees (notice of intention to
collect attorneys’ fees having
been given), then to the pay
ment of all sums secured by
the Security Deed, and the
remainder, if any, will be paid
to the person or persons legal
ly entitled thereto, all as provid
ed in the Notes and Security
Deed. The Premises shall be
sold as the property of Grantor,
subject to all restrictions, ease
ments and other matters of
record that are prior to the
Security Deed and to which
the Security Deed is subject
and to any unpaid city, county
and state ad valorem taxes or
assessments relating to the
Premises.
To the best of the under
signed’s knowledge and belief,
the owner of the Premises is
the Grantor and the party or
parties in possession of the
Premises is the Grantor or ten
ants of the Grantor.
GEORGIAN BANK As
Attorney-in-Fact for EARTH
RESOURCES, INC.
James M. Ottley, Esq.
Morris, Manning & Martin,
L.L.P.
1600 Atlanta Financial
Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of Power of Sale
contained in Deed to Secure
Debt from SHARON LACY,
hereinafterGRANTOR, infavor
of AMERICAN GENERAL
FINANCIAL SERVICES,
INC., dated the 6th day of
April, 2007, and filed for
record the 11th day of April,
2007, in Deed Book 48-F,
Page 361, Jackson County,
Georgia Records; Modification
Agreement recorded on the
26th day of December, 2008,
in Deed Book 53-V, Page
795, Jackson County, Georgia
Records. Said Deed to Secure
Debt being given to secure
a Promissory Note of even
date in the original principal
amount of One Hundred Fifty
Thousand Four Hundred
Seventy and 00/100ths Dollars
($150,470.00), with interest
from date as stated there
in; there will be sold by the
undersigned at public outcry
to the highest bidder for cash
before the Courthouse door at
JACKSON County, Georgia,
within the legal hours of sale
on the first Tuesday in JUNE,
2009, the following described
property:
All that tract or parcel of
land, together with all improve
ments thereon, lying and being
in the 1747th District, G.M.,
Jackson County, Georgia,
being Lot 27, Block A, Unit III,
Crestmont Subdivision, as
per plat recorded in Plat Book
50, Page 276, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia,
which plat is incorporated
herein and made a part hereof
by reference.
Subject to all easements and
restrictions of record, if any.
This is the same property
conveyed by Warranty Deed
from Mark A. Prince to Sharon
Lacy, dated 12/29/2004,
recorded 3/7/2005, in Deed
Book 37-Y, Page 528, Jackson
County, Georgia Records.
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, non
payment of the monthly install
ments on said loan. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney’s fees. Said prop
erty will be sold subject to
any outstanding ad valorem
taxes, special assessments,
unpaid utility bills constitut
ing liens against the property,
and all Deeds to Secure Debt,
liens and encumbrances exist
ing when the above-described
Deed to Secure Debt was filed
for record. To the best of
the undersigned’s knowledge,
information and belief, equi
table title to this property is
held by SHARON LACY. This
property is located at 18 Eric
Way, Bogart, GA 30622.
AMERICAN GENERAL
FINANCIAL SERVICES, INC.
as Attorney-in-Fact for the
above-named Grantor
AMERICAN GENERAL
FINANCIAL SERVICES, INC.
by Robert W. Broome,
Attorney
1800 Peachtree Street, NW
Suite 445
Atlanta, Georgia 30309
#404-350-8349
(MY6,13,20,27B/1331-50P)
gpnll
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia County of Jackson
By virtue of the Power of
Sale contained a Security Deed
given by CECIL VANDYKE
to ARCADE HOMES, INC.,
dated September 17, 2008,
and recorded in Deed Book
53-H, Pages 108-111, Jackson
County, Georgia Records, in
the original principal amount of
THIRTY-THREE THOUSAND
AND NO/100 DOLLARS
($33,000.00), with interest
thereon as set forth therein,
there will be sold at public
outcry to the highest bidder for
cash before the Courthouse
door of Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday
in June, 2009, the following
described property:
All that tract or parcel of land,
lying and being in the City of
Arcade, 242nd District, G.M.,
Jackson County, Georgia, and
being that 1.63 acres, more
or less, designated as Lot 31
on a plat of survey for Hidden
Oaks prepared by Venable &
Associates, Inc., Registered
Surveyors, dated February 5,
1987. Said plat is recorded
in Plat Book 22, Page 264,
in the Office of the Clerk of
Superior Court of Jackson
County, Georgia, and is incor
porated herein and made a
part hereof by reference for
a more detailed description.
Said property is bounded on
the North by Lot 30; on the
East by 60 foot right of way
of Hidden Oaks Lane; on the
South by Phillips; and on the
West by Lee.
Said property is common
ly known as Lot 31, Hidden
Oaks Subdivision, Jefferson,
GA 30549.
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible
events, default, failure to pay
the indebtedness as and when
due and in the manner pro
vided in the Note and Security
Deed. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, as provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above. To the best knowledge
and belief of the undersigned,
the party in possession of the
property is Cecil VanDyke or
a tenant.
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, including but not limited
to a determination that the loan
was not reinstated prior to the
foreclosure sale.
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
B. L. Williamson at Arcade
Homes, Inc., P.O. Box 472,
Jefferson, Georgia 30549,
(706) 654-7566, is the per
son who has full authority to
negotiate, amend and modify
all terms of the mortgage with
the Debtor.
THIS IS AN ATTEMPT
TO
COLLECT A DEBT
AND
ANY
INFORMATION
OBTAINED
BY VIRTUE OF
IT WILL BE USED FOR THAT
PURPOSE.
ARCADE HOMES, INC. AS
ATTORNEY-IN-FACT FOR
CECIL VANDYKE
Wanda L. Barnett
88 Washington Street
P. O. Box 99
Jefferson, Georgia 30549
(MY6,13,20,27B/783-60)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in
the payment of the indebt
edness, secured by a
Security Deed executed by
WESLEY D. FERGUSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated June 12, 2006, in
the amount of $187,000.00,
and recorded in Deed Book
44-J, Page 62, Jackson
County, Georgia Records, as
last transferred to Household
Financial Serices, Inc. by
assignment, the undersigned,
Household Financial Serices,
Inc. 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:
A certain tract or parcel of
land in Jackson County, in the
State of Georgia, described
as follows: All that tract
or parcel of land lying and
being in GMD 1765, Jackson
County, Georgia, being Lot 6,
Remington Park on the River,
as shown on plat of said sub
division recorded in Jackson
County Plat Records at plat
Book 57, Page 111, which plat
is incorporated herein by ref
erence for a more complete
description.
which has the property
address of 137 Remington
Park Drive, Braselton,
Georgia, together with all fix
tures and other personal prop
erty 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 Wesley D.
Ferguson 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.
Household Financial
Serices, Inc. Attorney in Fact
for Wesley D. Ferguson
Anthony DeMarlo, Attorney/
efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-09576 /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
By virtue of a Power of
Sale contained in that cer
tain Security Deed from
DAVID L. QUICKLE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nomi
nee for COUNTRYWIDE
HOME LOANS, INC., dated
September 21, 2006, recorded
October 27, 2006, in Deed
Book 46-C, Pages 710-722,
Jackson County, Georgia
Records, said Security Deed
having been given to secure
a Note of even date in the
original principal amount of
ONE HUNDRED SIXTY-
SIX THOUSAND FOUR
HUNDRED AND 00/100
DOLLARS ($166,400.00),
with interest thereon as pro
vided for therein, said Security
Deed having been last sold,
assigned and transferred to
Countrywide Home Loans
Servicing, LP, there will
be sold at public outcry to
the 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, all property described in
said Security Deed including
but not limited to the following
described property:
All that tract or parcel of land
lying and being in the 1691st
G.M. District, Jackson County,
Georgia, and being all of Lot
3, Cedar Hollow Subdivision,
as more particularly described
according to a plat of survey
recorded in Plat Book 60,
Page 132, Jackson County
plat records. Said plat is incor
porated herein by reference for
a more complete description
of subject property and for all
other legal purposes.
Subject to any and all ease
ments, right of way, restrictive
covenants and public utilities
of record, including but not lim
ited to the restrictive covenants
recorded in Deed Book 27-Z,
Page 83, Jackson County,
Georgia Records.
Said property is commonly
known as 44 Sierra Way,
Talmo, GA 30575.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due because of default under
the terms of said Security
Deed and Note, including but
not limited to the nonpayment
of the indebtedness as and
when due. The indebtedness
remaining in default, this sale
will be made for the purpose of
paying the same, all expenses
of the sale, including attorneys'
fees and all other payments
provided for under the terms of
the Security Deed and Note.
Said property will be sold
subject to the following items
which may affect the title to
said property: all zoning ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills for
public utilities which 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 knowledge and
belief of the undersigned, the
party in possession of the prop
erty is David L. Quickie, David
L. Quickie, or tenants(s).
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the Security
Deed.
THE ABOVE LAW
FIRM
IS
ACTING
AS A
DEBT
COLLECTOR.
ANY
INFORMATION
OBTAINED
WILL
BE
USED
FOR
THAT
PURPOSE.
COUNTRYWIDE HOME
LOANS SERVICING, LP as
Attorney in Fact for DAVID L.
QUICKLE
Lender Contact:
COUNTRYWIDE, Loss
Mitigation Dept., 7105
Corporate Drive, PTX-A-274,
Plano, TX 75024
TELEPHONE NUMBER:
800-669-6087
Attorney Contact: Rubin
Lublin, LLC, 3740 Davinci
Court, Suite 100, Norcross,
GA 30092
TELEPHONE NUMBER:
(770) 246-3300
FILE NO. 215400.7967
WWW.RUBINLUBLIN.
COM/PROPERTY-LISTINGS.
PHP
(MY6,13,20,26B/18915-60)
Email to: legals@main-
streetnews.com.
continued on following page