Newspaper Page Text
WEDNESDAY, MAY 27, 2009
THE JACKSON HERALD
PAGE 5C
Legal Notices
Magistrate Court
Magistrate Court
Week of May 11, 2009
• Dr. Gary J. Wytiaz vs. Eldridge Mattox - Suit on
Account
• Badcock & More vs. Margie Stott-Shown -
Foreclosure on Personal Property
• Consuelo Shanks vs. Jamie M. Robards - Summons
of Dispossessory
• Lisa D. Tink vs. Sherri Cronin DBA AGAPE
Consultants - Suit on Account
•Gainesville Financial Services, Inc. vs. Pamela
Wallhausen - Defendant - Atlanta South Construction,
LLC - Garnishee - Summons of Continuing
Garnishment
•The Bank of New York Mellon FKA The Bank of New
York, as Trustee vs. Chad Foster, Diana Foster and/or All
Other Residents - Writ of Possession
• Northeast Georgia Bank vs. Edward “Tra" T. Smith
- Suit on a Note
• 1st Franklin Financial vs. Sadie M. Cruce - Suit
on a Note
•Athens Riverwood Partners, LLC DBA Riverwood
Apartments vs. Robert Perrin aka Robert Wade Perrin
and Jessica Perrin aka Jessica Renee Perrin aka Jessica
Renee Cook - Complaint on Contract
• Charlie Scott vs. Terry Hancock - Suit to Recover
Monies for Past Rent
•Jefferson Housing Authority vs. Shannon Chandler
& Occupants - Summons of Dispossessory
•Georgia Department of Labor vs. Donnie Gooch -
Suit to Recover Monies
•Georgia Department of Labor vs. Sharon Barnes -
Suit to Recover Monies
•Arrow Financial Services, LLC Assignee of GE
Money Bank vs. Melissa Johnson - Writ of Fieri Facias
•Arrow Financial Services, LLC Assignee of
Washington Mutual Bank vs. Cassie M. Fowler - Writ
of Fieri Facias
•Gainesville Financial Services, Inc. vs. Ricky Helton
- Suit on a Loan
•Arrow Financial Services, LLC Assignee of Sherman
Financial vs. Cresilito C. Galendez - Suit on Account
•Warehouse Home Furnishings Dist. Inc. DBA
Farmers Furniture vs. Christine Seeley Carroll - Suit
on Account
•St. Mary’s Healthcare System, Inc. vs. Amost Pierre
- Defendant - Hitachi Koki USA, LTD - Garnishee -
Summons of Continuing Garnishment
•Richard Mangum vs. Tammy Poss & All Occupants
- Summons of Dispossessory
•Win-Win Property, LLC vs. Teresa Turpin -
Summons of Dispossessory
•1st Franklin Financial vs. Timothy Craig Thompson
- Suit on a Note
• Midland Funding, LLC Assignee of HSBC Card
Services, Inc. vs. Stoney Ervin - Suit on Account
•World Finance Corp. of GA vs. Tonda McClellan
- Defendant - Satellite Manufacturing - Garnishee -
Summons of Continuing Garnishment
• Bob Sisk vs. William Moore & Occupants -
Summons of Continuing Garnishment
•Wells Fargo Bank, N.A. vs. Maria Vasguez and All
Others - Summons of Dispossessory
• Lawrence Gardner vs. Shane Reinhardt - Suit on
a Note
•James c. Guest vs. Ivan Oliver - Defendant - Home
Depot Dist. - Garnishee - Summons of Continuing
Garnishment
•Townview Finance DBA Main Street Finance Co. vs.
Tricia Weldon - Suit on a Note
•1st Franklin Financial vs. Allison L. Watson - Suit
on Account
• Collection Services of Athens, Inc. Assignee for
Athens Regional Medical Center, Inc. vs. Terry W. Smith
- Suit on Account
• Collection Services of Athens, Inc. Assignee for
Athens Regional Medical Center, Inc. vs. Gerald Wayne
Damron - Suit on Account
• Collection Services of Athens, Inc. Assignee for
Athens Regional Medical Center, Inc. vs. Kathy Hicks
- Suit on Account
Default Judgments
• Collection Services of Athens, Inc. Assignee for
Athens Regional Medical Center, Inc. vs. Shannon
Bradshaw - Suit on Account
• David T. Payne vs. Paula Thomason - Suit to
Recover Monies for Utilities
• Harris Hills Property Owners Association vs. Madge
Chiasson - Suit to Recover Monies for Homeowners
Association Dues
• Dr. Douglas Cleveland vs. Nancy S. Baxter - Suit
on Account
•CitiFinancial vs. Eric Wilson - Suit on Account
•Warehouse Home Furnishings Dist., Inc. DBA
Farmers Furniture vs. Dennis Shook - Suit on Account
• Collection Services of Athens, Inc. Assignee for
St. Mary’s Health Care System, Inc. vs. William Henry
Darling-Suit on Account
Civil Bench Trials
•The Money Tree, Inc. vs. James F. Smith - Suit on a
Note - Judgment for Plaintiff
•Warehouse Home Furnishings Dist., Inc. DBA
Farmers Furniture vs. Dawn Jones - Suit on Account -
Judgment for Plaintiff
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
UNDERAND BY VIRTUE of
the power of sale contained in
that certain Construction Loan
Deed to Secure Debt and
Security Agreement, dated
December 3, 2007, given
by ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC., a Georgia corporation,
formerly known as Homelife
Communities of Northeast
Atlanta, Inc. (“Borrower”) to
BANK OF NORTH GEORGIA
(“Lender”), and recorded in
Deed Book 50X, at pages
531 et seq., County, Georgia
Records, as corrected by
that certain Corrective
Construction Loan Deed to
Secure Debt and Security
Agreement recorded on
March 6, 2008, in Deed Book
51R, pages 308 et seq.,
aforesaid Records (collec
tively, the “Security Deed”),
and pursuant to the applica
ble provisions of the Uniform
Commercial Code, as enact
ed in Georgia, including,
without limitation, O.C.G.A
§ 11-9-604, the undersigned
will sell at public outcry, to
the highest bidder for cash,
before the Courthouse door
of Jackson County, Georgia,
within the legal hours of
sale on the first Tuesday in
June, 2009, being June 2,
2009, the following described
property being located in
Jackson County, Georgia
(the “Secured Property”):
All that tract or parcel
of land lying and being in
Porter’s GMD 1765, Jackson
County, Georgia, being Lot
28, Liberty Crossing, Unit
One, as per plat recorded
in Plat Book 68, pages 282-
286, and revised in Plat Book
68, pages 290-295, Jackson
County, Georgia Records,
which recorded plat is incor
porated herein by reference
for a more complete descrip
tion of said property.
LESS AND EXCEPT any
lots described hereinabove
that are released from the
Security Deed prior to June
2, 2009, notice of which shall
be given by announcement
made at the commencement
of the public sale and which
will be excluded from the
sale.
(The above-described prop
erty is hereinafter referred to
as the “Land.”)
TOGETHER WITH:
All buildings, structures,
and improvements now or
hereafter erected on the
Land; all tenements, ease
ments, rights, appurtenanc
es, reversions, remainders,
rents, royalties, rights and
profits to, from and apper
taining to the Land; all min
erals, oil, gas, water, water
rights, and water stock rights
to trees, crops, timber and
shrubs now or hereafter on
the Land; all equipment,
machinery, and fixtures now
or hereafter attached to the
Land, all of which, including
replacements and additions
thereto, shall be deemed to
be and remain a part of the
Secured Property; any and all
awards or payments, includ
ing interest thereon, and the
right to receive same, as a
result of the exercise of the
right of condemnation, emi
nent domain, the alteration
of the grade of any street, or
any other injury to, taking of,
or decrease, in the value of
any of the Secured Property.
TOGETHER WITH:
All leases, rents, profits,
and income from the Secured
Property.
To the best of the knowl
edge of Lender, the Secured
Property is in the posses
sion of the Borrower or other
persons in possession by,
through or under Borrower.
The undersigned may sell
that portion of the Secured
Property as may, under the
laws of the State of Georgia,
constitute an estate or inter
est in real estate (the “Real
Property”) separately from
that portion of the Secured
Property as constitutes
under the laws of the State
of Georgia personalty and
not an interest in real estate
(the “Personal Property”), in
which case separate bids will
be taken therefor, or collec
tively in a single sale and lot,
in which case a single bid will
be taken therefor. Notice of
the undersigned’s intent shall
be given by announcement
made at the commencement
of the public sale.
The Real Property will be
sold on an “as is, where is”
basis without recourse against
Lender and without represen
tation or warranty of any kind
or nature whatsoever with
respect thereto. The Real
Property will be sold subject
to (1) all unpaid taxes and
assessments which are liens
against the Real Property
and which are prior in right to
the Security Deed; (2) Right
of Way Deed from James
W. Thomas, Wiley Lee, et
al to Jackson County, dated
February 8, 1968, recorded
in Deed Book 5-J, page 262,
Jackson County, Georgia
records; (3) Easement for
Right-of-Way from J. Dean
Bell and Federal Land Bank
Assoc, of Gainesville, dated
April 18, 1978, recorded in
Deed Book 7-I, page 570,
aforesaid Records; (4)
Easement from Dean Bell to
Alltel Service Corporation/
South, through Alltel Georgia
Inc.-Commerce District, dated
October 10, 1984, record
ed in Deed Book 9-D, page
39, aforesaid records; (5)
Right-of-Way Easement from
Dean Bell to Jackson Electric
Membership Corporation,
dated September 13, 1988,
recorded in Deed Book 10-J,
page 569, aforesaid records;
(6) Consent and Dedication
by King Winston Properties,
Inc. dated February 5, 2007,
recorded in Deed Book 47-0,
page 66, aforesaid records;
(7) Easement Agreement
from Braselton Development
Group, Inc. to Atlanta Gas
Light Company, dated as of
January 31, 2007, recorded
in Deed Book 47-R, page
535, aforesaid records; (8)
Declaration of Covenants,
Conditions and Restrictions
for Liberty Crossing by
Braselton Development
Group, Inc., dated April 25,
2007, recorded in Deed Book
48-L, page 171, aforesaid
records; (9) those matters dis
closed by plat recorded in Plat
Book 68, pages 282 through
286, aforesaid records; (10)
those matters disclosed by
plat recorded in Plat Book
68, pages 290 through 294,
aforesaid records; and (11)
any and all other easements,
limitations, restrictions, res
ervations, covenants and
encumbrances of record to
which the Security Deed is
subordinate in terms of pri
ority.
The Personal Property will
be sold on an “as is, where
is” basis without recourse
against Lender and without
representation or warranty
of any kind or nature what
soever with respect thereto.
The Personal Property will
be sold subject to all unpaid
taxes and assessments, if
any, which are liens against
the Personal Property and
which are prior in right to the
Security Deed.
The Security Deed was
given to secure (1) that cer
tain Commercial Promissory
Note dated as of December
3, 2007, in the original prin
cipal amount of $193,988.00
and made by Borrower to the
order of Lender (the “Note”)
and (2) any and all other loan
documents in connection
with said indebtedness (said
documents, together with
the Note, the Security Deed
and the Loan Agreement are
herein collectively referred to
as the “Loan Documents”).
The indebtedness evidenced
by the Note and secured
by the Security Deed (the
“Indebtedness”) has been
and is hereby declared
due and immediately pay
able because of default by
Borrower in payment of the
Indebtedness in accordance
with the terms of the Note
and the Security Deed and
the other Loan Documents
and the failure of Borrower to
perform its obligations under
the Loan Documents.
The proceeds of the sale
of the Secured Property shall
be applied in accordance
with the Security Deed to (i)
the payment of the costs and
expenses of this sale, includ
ing the expenses of protect
ing the Secured Property
and attorneys’ fees (notice
of intent to collect attorneys’
fees having been given pur
suant to O.C.G.A. § 13-1-11),
(ii) payment of the indebted
ness secured by the Security
Deed, and (iii) the surplus, if
any, to the person or persons
legally entitled thereto.
ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC., a Georgia corporation
formerly known as Homelife
Communities of Northeast
Atlanta, Inc., acting by
and through its attorney-
in-fact, BANK OF NORTH
GEORGIA
Brent S. Gilfedder, Esq.
King & Spalding LLP
1180 Peachtree Street,
N.E.
Atlanta, Georgia 30309-
3521
(404) 572-4600
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
UNDER AND BY VIRTUE
of the power of sale contained
in that certain Construction
Loan Deed to Secure Debt
and Security Agreement,
dated August 29, 2007, given
by ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC., a Georgia corporation,
formerly known as Homelife
Communities of Northeast
Atlanta, Inc. (“Borrower”) to
BANK OF NORTH GEORGIA
(“Lender”), and recorded in
Deed Book 50B, at pages
533 et seq., Jackson County,
Georgia Records, as re
recorded on November 6,
2007, in Deed Book 50 O,
at pages 771 et seq., afore
said Records (collectively,
the “Security Deed”), and
pursuant to the applicable
provisions of the Uniform
Commercial Code, as enact
ed in Georgia, including,
without limitation, O.C.G.A
§ 11-9-604, the undersigned
will sell at public outcry, to
the highest bidder for cash,
before the Courthouse door
of Jackson County, Georgia,
within the legal hours of sale
on the first Tuesday in June,
2009, being June 2, 2009,
the following described prop
erty being located in Jackson
County, Georgia (the “Secured
Property”):
All that tract or parcel of land
lying and being in Porter’s
GMD 1765, Jackson County,
Georgia, being Lots 24
through 28, 49 through 51,
65 through 77, 86 through
89, 94 through 96, and
109 through 117, Liberty
Crossing, Unit One, as per
plat recorded in Plat Book 68,
pages 282-286, and revised
in Plat Book 68, Pages 290-
295, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence for a more complete
description of said property.
LESS AND EXCEPT the
following-described lot which
has been previously released
from the Security Deed: all
that tract or parcel of land
lying and being in Porter’s
GMD 1765, Jackson County,
Georgia, and being Lot 28,
Liberty Crossing, Unit One, as
per plat recorded in Plat Book
68, pages 290-295, Jackson
County, Georgia Records,
which recorded plat is incor
porated herein by reference
for a more complete descrip
tion of said property.
AND, LESS AND EXCEPT
any lots described herein
above that are released from
the Security Deed prior to
June 2, 2009, notice of which
shall be given by announce
ment made at the commence
ment of the public sale and
which will be excluded from
the sale.
(The above-described prop
erty is hereinafter referred to
as the “Land.”)
TOGETHER WITH:
All buildings, structures, and
improvements now or hereaf
ter erected on the Land; all
tenements, easements, rights,
appurtenances, reversions,
remainders, rents, royalties,
rights and profits to, from
and appertaining to the Land;
all minerals, oil, gas, water,
water rights, and water stock
rights to trees, crops, timber
and shrubs now or hereafter
on the Land; all equipment,
machinery, and fixtures now
or hereafter attached to the
Land, all of which, including
replacements and additions
thereto, shall be deemed to
be and remain a part of the
Secured Property; any and all
awards or payments, includ
ing interest thereon, and the
right to receive same, as a
result of the exercise of the
right of condemnation, emi
nent domain, the alteration
of the grade of any street, or
any other injury to, taking of,
or decrease, in the value of
any of the Secured Property.
TOGETHER WITH:
All leases, rents, profits,
and income from the Secured
Property.
To the best of the knowl
edge of Lender, the Secured
Property is in the posses
sion of the Borrower or other
persons in possession by,
through or under Borrower.
The undersigned may sell
that portion of the Secured
Property as may, under the
laws of the State of Georgia,
constitute an estate or inter
est in real estate (the “Real
Property”) separately from
that portion of the Secured
Property as constitutes under
the laws of the State of
Georgia personalty and not
an interest in real estate (the
“Personal Property”), in which
case separate bids will be
taken therefor, or collectively
in a single sale and lot, in
which case a single bid will
be taken therefor. Notice of
the undersigned’s intent shall
be given by announcement
made at the commencement
of the public sale.
The Real Property will be
sold on an “as is, where is”
basis without recourse against
Lender and without represen
tation or warranty of any kind
or nature whatsoever with
respect thereto. The Real
Property will be sold subject
to (1) all unpaid taxes and
assessments which are liens
against the Real Property and
which are prior in right to the
Security Deed; (2) the riparian
rights of abutting owners on
any stream running through
the Real Property; (3) Right
of Way Deed from James
W. Thomas, Wiley Lee, et
al to Jackson County, dated
February 8, 1968, recorded
in Deed Book 5-J, page 262,
Jackson County, Georgia
records; (4) Easement for
Right-of-Way from J. Dean
Bell and Federal Land Bank
Assoc, of Gainesville, dated
April 18, 1978, recorded in
Deed Book 7-I, page 570,
aforesaid Records; (5)
Easement from Dean Bell to
Alltel Service Corporation/
South, through Alltel Georgia
Inc.-Commerce District, dated
October 10, 1984, recorded
in Deed Book 9-D, page 39,
aforesaid records; (6) Right-
of-Way Easement from Dean
Bell to Jackson Electric
Membership Corporation,
dated September 13, 1988,
recorded in Deed Book 10-J,
page 569, aforesaid records;
(7) Consent and Dedication
by King Winston Properties,
Inc. dated February 5, 2007,
recorded in Deed Book 47-0,
page 66, aforesaid records;
(8) Easement Agreement
from Braselton Development
Group, Inc. to Atlanta Gas
Light Company, dated as of
January 31, 2007, recorded
in Deed Book 47-R, page
535, aforesaid records; (9)
Declaration of Covenants,
Conditionsand Restrictions for
Liberty Crossing by Braselton
Development Group, Inc.,
dated April 25, 2007, record
ed in Deed Book 48-L, page
171, aforesaid records; (10)
those matters disclosed by
plat recorded in Plat Book
68, pages 282 through 286,
aforesaid records; (11) those
matters disclosed by plat
recorded in Plat Book 68,
pages 290 through 294, afore
said records; (12) those mat
ters disclosed by plat record
ed in Plat Book 70, pages
162 through 166, aforesaid
records; and (13) any and all
other easements, limitations,
restrictions, reservations, cov
enants and encumbrances of
record to which the Security
Deed is subordinate in terms
of priority.
The Personal Property will
be sold on an “as is, where
is” basis without recourse
against Lender and without
representation or warranty
of any kind or nature what
soever with respect thereto.
The Personal Property will
be sold subject to all unpaid
taxes and assessments, if
any, which are liens against
the Personal Property and
which are prior in right to the
Security Deed.
The Security Deed was
originally given to secure
(1) that certain Commercial
Promissory Note dated as
of August 29, 2007, in the
original principal amount of
$2,497,500.00 and made
by Borrower to the order of
Lender, which indebtedness
was renewed and is now evi
denced by that certain Note
dated as of September 5,
2008, in the original princi
pal amount of $2,430,000.00
and made by Borrower to the
order of Lender (collectively,
the “Note”) and (2) any and
all other loan documents in
connection with said indebt
edness (said documents,
together with the Note, the
Security Deed and the Loan
Agreement are herein collec
tively referred to as the “Loan
Documents”). The indebted
ness evidenced by the Note
and secured by the Security
Deed (the “Indebtedness”)
has been and is hereby
declared due and immediate
ly payable because of default
by Borrower in payment of the
Indebtedness in accordance
with the terms of the Note
and the Security Deed and
the other Loan Documents
and the failure of Borrower to
perform its obligations under
the Loan Documents.
The proceeds of the sale
of the Secured Property shall
be applied in accordance with
the Security Deed to (i) the
payment of the costs and
expenses of this sale, includ
ing the expenses of protect
ing the Secured Property
and attorneys’ fees (notice
of intent to collect attorneys’
fees having been given pur
suant to O.C.G.A. § 13-1-11),
(ii) payment of the indebted
ness secured by the Security
Deed, and (iii) the surplus, if
any, to the person or persons
legally entitled thereto.
ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC., a Georgia corporation
formerly known as Homelife
Communities of Northeast
Atlanta, Inc., acting by and
through its attorney-in-fact,
BANK OF NORTH GEORGIA
Brent S. Gilfedder, Esq.
King & Spalding LLP
1180 Peachtree Street,
N.E.
Atlanta, Georgia 30309-
3521
(404) 572-4600
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the
power of sale contained in that
certain Security Deed from
GREENWOOD BUILDER
GROUP, INC. (the “Grantor”) to
and in favor of Bank of NORTH
GEORGIA (the “Lender”) dated
May 11, 2005, filed for record
May 13, 2005, and recorded in
Deed Book 38-V, Pages 78-82,
Jackson County, Georgia
Records (the “Security Deed”);
securing that certain renewal
Universal Note from Grantor
to and in favor of Lender
dated August 5, 2007, in the
original principal sum of ONE
HUNDRED TWENTY-THREE
THOUSAND FOUR HUNDRED
FIFTY-SEVEN AND 22/100
DOLLARS ($123,457.22) (the
“Note”); there will be sold at
public outcry by Lender as
attorney-in-fact of Grantor to
the highest bidder for cash
between the legal hours for sale
before the Courthouse door in
Jackson County, Georgia, on
the first Tuesday in June, 2009,
the following described land,
improvements and appurte
nances (hereinafter collectively
referred to as the “Premises”)
to wit:
All that tract or parcel of
land lying and being in GMD
245, Jackson County, City of
Jefferson, Georgia, being Lots
12, 13, 14 & 21, the Heritage
at Jefferson, Phases II & III,
as shown on plat of said sub
division recorded in Jackson
County Plat Records at Plat
Book 64, Pages 175-179, which
plat is incorporated herein by
reference for a more complete
description (the “Land”).
Together with all buildings,
structures and other improve
ments now or hereafter located
on the property hereinbefore
described, or any part and par
cel thereof; and
Together with all rights, title
and interest of Grantor in and to
the minerals, flowers, shrubs,
crops, trees, timber and other
emblements now or hereafter
on said property or under or
above the same or any part or
parcel thereof; and
Together with all and sin
gular the tenements, heredita
ments, easements and appur
tenances thereunto belonging
or in any wise appertaining,
and the reversion or rever
sions, remainder and remain
ders, rents issues and profits
thereof; and also all the estate,
right, title, interest, claim and
demand whatsoever of Grantor
of, in and to the same and of,
in and to every part and parcel
thereof; and
Together with all machinery,
apparatus, equipment, fittings
and fixtures, whether actually or
constructively attached to said
continued on following page