Newspaper Page Text
PAGE 6C
THE JACKSON HERALD
WEDNESDAY, MAY 27, 2009
Public Notices Continued
property and including all trade,
domestic and ornamental fix
tures, now or hereafter located
in, upon or under said property
or any part thereof and used
or useable in connection with
any present or future operation
or enjoyment of said property
and now owned or hereafter
acquired by Grantor; and
Together with any and all
awards or payments, includ
ing interest thereon, and the
right to receive the same, as
a result of (a) the exercise of
the right of eminent domain,
(b) the alteration of the grade
of any street, or (c) any other
injury to, taking of, or decrease
in the value of, the premises, to
the extent of all amounts which
may be secured by the Security
Deed at the date of receipt of
any such award or payment
and of reasonable attorney’s
fees, costs and disbursements
incurred in connection with the
collection of such award or pay
ment.
The indebtedness evidenced
by the Note 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 col
lect attorneys’ fees having been
given), then to the payment
of all sums secured by the
Security Deed, and the remain
der, if any, will be paid to the
person or persons legally enti
tled thereto, all as provided in
the Note and Security Deed.
The Premises shall be sold as
the property of Grantor, subject
to all restrictions, easements
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.
BANK OF NORTH
GEORGIA As Attorney-in-Fact
for GREENWOOD BUILDER
GROUP, 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
State of Georgia
County of Jackson
Under and by virtue of
the power of sale contained
in that certain Construction
Loan Deed to Secure Debt
and Security Agreement from
GREENWOOD BUILDER
GROUP, INC. (the “Grantor”)
to and in favor of BANK
OF NORTH GEORGIA (the
“Lender”) dated May 3, 2007,
filed for record May 7, 2007,
and recorded in Deed Book
48-N, Pages363-367, Jackson
County, Georgia Records (the
“Security Deed”); securing
that certain Master Promissory
Note from Grantor to and in
favor of Lender dated May
3, 2007 in the original prin
cipal sum of SIX HUNDRED
THOUSAND NINE HUNDRED
SIXTY AND 00/100 DOLLARS
($600,960.00) (the “Note”);
there will be sold at public out
cry 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 appur
tenances (hereinafter col
lectively 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 15 and 19, the Heritage
at Jefferson, Phases II
& III, as shown on plat of
said subdivision recorded in
Jackson County Plat Records
at Plat Book 64, Pages 175-
179, which plat is incorpo
rated herein by reference for
a more complete description
(the “Land”).
Together with all buildings,
structures and improvements
now or hereafter erected on
the Land; all tenements, ease
ments, 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 hereaf
ter attached to the Land; any
and all awards or payments,
including 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 foregoing property.
The indebtedness evi
denced by the Note is due
and payable and remains
unpaid. The Security Deed
therefore hasbecome and is
now foreclosable according to
its terms. Accordingly, the
Premises will be sold at public
outcry pursuant 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 hav
ing been given), then to the
payment of all sums secured
by the Security Deed, and
the remainder, if any, will be
paid to the person or per
sons legally entitled thereto,
all as provided in the Note and
Security Deed. The Premises
shall be sold as the property of
Grantor, subject to all restric
tions, easements 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
tenants of the Grantor.
BANK OF NORTH
GEORGIAAs Attorney-in-Fact
for GREENWOOD BUILDER
GROUP, 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
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 73-77, Jackson
County, Georgia Records,
as modified by that certain
Modification Agreement by and
between Grantor and Lender,
dated February 24, 2006,
recorded March 3, 2006, in
Deed Book 42V, Page 211,
aforesaid records (as modified,
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 TWO HUNDRED EIGHTY
THOUSAND AND 00/100
DOLLARS ($280,000.00) (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 Lot
17, the Heritage at Jefferson,
Phases II & III, as shown on plat
of said subdivision recorded in
Jackson County Plat Records
at Plat Book 64, Pages 175-
179, which plat is incorporat
ed 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 property and including all
trade, domestic and ornamen
tal fixtures, now or hereafter
located in, upon or under said
property or any part thereof
and used or useable in connec
tion with any present or future
operation or enjoyment of said
property and now owned or
hereafter acquired by Grantor;
and
Together with any and all
awards or payments, includ
ing interest thereon, and the
right to receive the same, as
a result of (a) the exercise of
the right of eminent domain,
(b) the alteration of the grade
of any street, or (c) any other
injury to, taking of, or decrease
in the value of, the premises, to
the extent of all amounts which
may be secured by the Security
Deed at the date of receipt of
any such award or payment
and of reasonable attorney’s
fees, costs and disbursements
incurred in connection with the
collection of such award or pay
ment.
The indebtedness evidenced
by the Note 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 col
lect attorneys’ fees having been
given), then to the payment
of all sums secured by the
Security Deed, and the remain
der, if any, will be paid to the
person or persons legally enti
tled thereto, all as provided in
the Note and Security Deed.
The Premises shall be sold as
the property of Grantor, subject
to all restrictions, easements
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.
BANK OF NORTH
GEORGIA As Attorney-in-Fact
for GREENWOOD BUILDER
GROUP, 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
Under and by virtue of
the Power of Sale contained
in a Security Deed given by
BILLY NORRIS to CHRIS
THOMAS, dated DECEMBER
7, 2007, recorded in Deed
Book 50-W, Pages 426-428,
JACKSON County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of SEVENTY EIGHT
THOUSAND TWO HUNDRED
SIX DOLLARS AND 45/100
($78,206.45), with interest
thereon, 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:
A ONE-HALF UNDIVIDED
INTEREST IN AND TO:
ALL THAT TRACT OR
PARCEL of land, together
with all improvements thereon,
lying and being in the 245th
(Jefferson) GMD of Jackson
County, Georgia, containing
5.81 acres, more or less, as
shown on a plat of survey pre
pared by W.T. Dunahoo, RLS,
dated March 15, 1969 and
being recorded among Jackson
County, Georgia Records in
Plat Book 5, Page 374, said
plat being incorporated herein
by reference for a more full and
complete description.
LESS AND EXCEPT: All that
tract or parcel of land lying and
being in the 245th GMD of
Jackson County, Georgia and
being shown as a right of way
containing 0.15 acre, more or
less, as shown on a plat of sur
vey prepared by the Georgia
Department of Transportation
dated July 30, 1996 and being
recorded among Jackson
County, Georgia Records in
Deed Book 19L, Page 63-67.
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
attorney’s fees (notice 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 matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
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 prop
erty is Billy Norris or a tenant
or tenants and said property is
more commonly known as 699
Etheridge Road, Jefferson,
Georgia 30549.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the US Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Chris Thomas, as Attorney in
Fact for Billy Norris
Spencer Carr
Carr & Gibbs, Attorneys at
Law, PC
PO. Box 999
Clarkesville, GA 30523
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
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
ROBBY R. ROBERTS and
PATRICIA S. ROBERTS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated September
22, 2006, recorded in Deed
Book 45, Page 421, Jackson
County, Georgia Records,
as last transferred to BAC
Home Loans Servicing, LP
fka Countrywide Home Loans
Servicing, L.P 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
FORTY THOUSAND THREE
HUNDRED AND 0/100
DOLLARS ($140,300.00), 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 provided 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 col
lect 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 matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
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:
BAC Home Loan Servicing,
LP, 2270 Lakeside Blvd,
Richardson, TX 75082, 1-888-
219-7773. 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 prop
erty is Robby R. Roberts and
Patricia S. Roberts or a tenant
or tenants and said property is
more commonly known as 169
River Mist Circle, 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.
BAC Home Loans Servicing,
LP fka Countrywide Home
Loans Servicing, L.P. as
Attorney in Fact for Robby
R. Roberts and Patricia S.
Roberts
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jwO 6/2/09
Our file no. 51155009-FT4
EXHIBIT A
All that tract or parcel of
land lying and being in the
City of Jefferson in the 245th
GMD of Jackson County,
Georgia, and being Lot 23 of
River Mist Plantation accord
ing to that Plat of survey for
River Mist Plantation, by
Patton-Boyer, Inc., Certified
by Chris M. Patton, Georgia
RLS 2647, dated July 21, 2005
and recorded in Plat Book 66,
Pages 67-72, Jackson County,
Georgia Records, which Plat is
incorporated herein and made
a part hereof by reference
thereto for a more complete
and detailed description of the
property conveyed herein.
(MY6,13,20,27B/12062-70T1P)
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
JEFFREY F. COOPER and
CHERYL H. COOPER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated February 27, 2006,
recorded in Deed Book 43-A,
Page 528, Jackson County,
Georgia Records, as last trans
ferred to U.S. Bank National
Association, as trustee for the
holders of CSAB 2007-1 by
assignment recorded in Deed
Book 0054N, Page 0186,
Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of TWO HUNDRED
SIXTY THOUSAND AND 0/100
DOLLARS ($260,000.00), 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
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 provided 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 col
lect 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 matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
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: BAC
Home Loan Servicing, LP, 7105
Corporate Drive, Mail Stop PTX-
C-35, Plano, TX 75024, 1-888-
219-7773. 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 prop
erty is Jeffrey F. Cooper and
Cheryl H. Cooper or a tenant
or tenants and said property
is more commonly known as
304 Washington Parkway,
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.
U.S. Bank National
Association, as trustee for the
holders of CSAB 2007-1 as
Attorney in Fact for Jeffrey F.
Cooper and Cheryl H. Cooper
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wig 6/2/09
Our file no. 53303408-FT4
EXHIBIT A
All that tract or parcel of
land lying and being in GMD
245, Jackson County, City of
Jefferson, Georgia, being Lot
37, The Heritage at Jefferson,
Phase 1, as per Plat recorded
in Plat Book 54, Page 151,
Jackson County Records, said
Plat being incorporated herein
by reference thereto.
(MY6,13,20,27B/12062-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Deed to Secure
Debt from EAGLE GREENS
CHATTAHOOCHEE, LLC
(“Grantor”) to EMPIRE
FINANCIAL SERVICES,
INC. (“Grantee”) dated March
31, 2005, filed and recorded
April 6, 2005, in Deed Book
38-H, Page 716, Jackson
County, Georgia Records,
as modified by that certain
Loan Modification Agreement
dated March 17, 2006, filed
and recorded April 27, 2006,
in Deed Book 43-P, Page 383,
aforesaid records (as modi
fied, the “Security Deed”), con
veying the after-described
property to secure that certain
Adjustable Rate Note dated
March 31, 2005, from Grantor
payable to Grantee in the origi
nal principal amount of NINE
MILLION TWO HUNDRED
THOUSAND AND NO/100
DOLLARS ($9,200,000.00),
with interest thereon as set
forth therein (the “First Note”),
and that certain Adjustable
Rate Note dated March 17,
2006, from Grantor payable to
Grantee in the original principal
amount of SEVEN HUNDRED
THOUSAND AND NO/100
DOLLARS ($700,000.00), with
interest thereon as set forth
therein (the “Second Note”)
(the First Note and the Second
Note hereinafter collectively
referred to as the “Notes”),
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:
COMMON AREA TRACTS:
All that tract or parcel of land
lying and being in the 255th
G.M.D. of Jackson County,
Georgia, containing 260.961
acres, more or less, and shown
by plat of survey dated January
21, 2005, revised March 17,
2005, prepared for Eagle
Greens Chattahoochee, LLC,
Empire Financial Services, Inc.
and LandAmerica Lawyers
Title Insurance Corporation,
prepared by Warren S. Wood,
Georgia Registered Surveyor
No. 2849, of Wood Brothers
Land Surveyors, Inc. and being
more particularly described as
follows:
To find the true point of
beginning commence at the
centerline intersection of Ga.
Hwy. 98 and Sandy Creek
Road, run thence South 62
degrees 41 minutes 04 sec
onds East for a distance of
841.23 feet along the south
western right-of-way (100 foot
right-of-way) of Ga. Hwy. 98 to
a 1/2” solid rod found on the
southwestern right-of-way of
Ga. Hwy. 98 which is the TRUE
POINT OF BEGINNING;
THENCE South 65 degrees 50
minutes 05 seconds East for a
distance of 1106.57 feet to a 1
continued on following page