Newspaper Page Text
PAGE 8C
THE JACKSON HERALD
WEDNESDAY, MAY 27, 2009
Public Notices Continued
restrictive covenants, ease
ments, rights-of-way and any
other matters of record superior
to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Design Plus Custom
Homes of Georgia, Inc. or
tenant(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, Branch Banking and
Trust Company as Attorney in
Fact for Design Plus Custom
Homes of Georgia, Inc.
Contact: Patrick J. Geheren,
Esq., 1535 Mount Vernon
Road, Atlanta, GA 30338 TEL
(678) 587-9500.
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Linder and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt (“Security Deed”) exe
cuted by NORTH RIVER
DEVELOPMENT, LLC in favor
of COMMUNITY BANK &
TRUST dated July 31, 2007,
and recorded at Deed Book
0049-W, Pages 0233-0235 of
the Jackson County, Georgia,
Deed Records, the undersigned
will sell at public outcry to the
highest bidder for cash before
the door of the Courthouse of
Jackson County, Georgia, dur
ing the legal hours of sale, on
the first Tuesday in June, 2009,
that being June 2, 2009, the fol
lowing described property:
ALL THAT TRACT OR
PARCEL OF LAND situate,
lying and being in the 704th
District, G.M., Jackson County,
Georgia, consisting of 50.0
acres, more or less, as shown
on a plat of survey entitled
“Survey for Dream River
Investments, Inc.”, prepared by
Cornerstone Land Surveying,
certified by Georgia Registered
Surveyor No. 2407, dated June
5, 1999, and being of record
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia, in Plat Book
54, Page 72, which said plat
and the recording thereof are
by reference hereto incorporat
ed herein for a more complete
and detailed description.
This conveyance is subject to
all rights of ways, restrictions,
and easements of record.
LESS AND EXCEPT:
ALL THAT TRACT OR
PARCEL OF LAND situate,
lying and being in the 704th
District, G.M., Jackson County,
Georgia, being shown as Tract
1, containing 0.597 acres and
Tract 2, containing 5.0 acres,
more or less, as shown on a
plat of survey entitled “Survey
for Dream River Investments,
Inc.”, prepared by W.T.
Dunahoo and Associates, certi
fied by W.T. Dunahoo, Georgia
Registered Surveyor No. 1577,
dated September 13, 2001, and
being of record in the Office of
the Clerk of the Superior Court
for Jackson County, Georgia,
in Plat Book 57, Page 291,
which said plat and the record
ing thereof are by reference
hereto incorporated herein for
a more complete and detailed
description.
The debt secured by said
Security Deed is primar
ily evidenced by a Commercial
Promissory Note, dated July
31, 2007, in the original prin
cipal amount of $503,346.00,
payable, principal and interest
from the date thereof shown on
said Commercial Promissory
Note on the unpaid balance
until paid. The Promissory Note
referred to in this paragraph
shall hereinafter be referred to
as “the Note.”
Default has occurred in the
payment of the debt evidenced
by the Note and secured by
the Security Deed as a result
of the nonpayment of install
ments owed thereunder. The
total balance of said debt has,
therefore, been declared due
and the Security Deed foreclos-
able according to its terms.
The debt remaining in
default, the property will be
sold to the highest bidder for
cash as the property of North
River Development, LLC, the
proceeds to be applied to the
payment of said indebtedness,
attorneys’ fees (notice of inten
tion to collect attorneys’ fees
having been given), and the
lawful expenses of said sale,
all as provided in the Note and
the Security Deed, said sale to
be subject to any and all unpaid
taxes and assessments, and
restrictions, easements and
liens of record with priority over
the Security Deed referenced
above.
To the best of the under
signed’s knowledge and
belief, the property is in the
possession of North River
Development, LLC and will be
sold as the property of North
River Development, LLC.
The undersigned will execute
a deed to the purchaser as
authorized in the aforemen
tioned Security Deed.
North River Development,
LLC By Community Bank &
Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(MY6,13,20,27B/417-70T1)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by FAIRHAVEN
ENTERPRISES, INC., Grantor,
to PEOPLES BANK & TRUST,
Grantee, dated JUNE 29,
2007, said deed recorded in
Jackson County Deed Records
at Deed Book 49-F, Page 364,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the Note there
by secured, has declared the
entire amount of said indebt
edness due and payable and
pursuant to the power of sale
contained in said deed will, on
the first Tuesday in June, 2009,
during the legal hours of sale, at
the courthouse door in Jackson
County, Georgia, 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
248, Jackson County, Georgia,
being Tract 1, containing 1.509
acres, more or less, on plat of
survey for Clinton Kiley dated
February 12, 2000, which plat
is recorded in Jackson County
plat records at Plat Book 54,
Page 200, and is incorporated
herein by reference for a more
complete description.
Said property will be sold
together with any and all fix
tures and personal prop
erty conveyed by said deed.
The sale will be held subject
to any unpaid taxes or other
assessments which may be
liens against said property; all
prior protective or restrictive
covenants, rights-of-way, and
easements; and all rights of
the Internal Revenue Service
as applicable; and any other
matters of record superior to
the PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney fees
in accordance with the terms
of the Note secured by said
deed.
Said property will be sold
as the property of FAIRHAVEN
ENTERPRISES, INC., 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 pur
chaser at said sale as provided
in the aforementioned Security
Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for
FAIRHAVEN ENTERPRISES,
INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
PO. Box 602
Buford, Georgia 30515
(770) 945-1294
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 in Security Deed
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by GREG HUSFELD,
Grantor, to PEOPLES BANK
& TRUST, Grantee, dated
SEPTEMBER 24, 2008, said
deed recorded in Jackson
County Deed Records at
Deed Book 53-1, Page 319,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the Note there
by secured, has declared the
entire amount of said indebt
edness due and payable and
pursuant to the power of sale
contained in said deed will, on
the first Tuesday in June, 2009,
during the legal hours of sale, at
the courthouse door in Jackson
County, Georgia, sell at public
outcry, to the highest bidder for
cash, the property described in
said deed, to wit:
All that tract or parcel of land
lying and being in the 245th
District, G.M., Jackson County,
Georgia, being known and des
ignated as Lot 26, Phase 1 of
Finch Landing and being more
particularly described on a plat
of survey recorded at Plat Book
62, Pages 35 & 36, and as last
revised at Plat Book 62, Pages
252 & 253, Jackson County,
Georgia Records; reference to
said plats of survey and the
recording thereof being here
by made for a more complete
description.
Said property will be sold
together with any and all fixtures
and personal property conveyed
by said deed. The sale will
be held subject to any unpaid
taxes or other assessments
which may be liens against said
property; all prior protective or
restrictive covenants, rights-of-
way, and easements; and all
rights of the Internal Revenue
Service as applicable; and any
other matters of record supe
rior to the PEOPLES BANK &
TRUST Security Deed.
Notice has been given of
intention to collect attorney fees
in accordance with the terms of
the Note secured by said deed.
Said property will be sold
as the property of GREG
HUSFELD, 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 at said
sale as provided in the afore
mentioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for GREG
HUSFELD
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
PO. Box 602
Buford, Georgia 30515
(770) 945-1294
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 in Security Deed
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by MAPLE HOMES,
INC., Grantor, to PEOPLES
BANK & TRUST, Grantee,
dated NOVEMBER 9, 2006,
said deed recorded in Jackson
County Deed Records at
Deed Book 46-K, Page 712,
the undersigned, PEOPLES
BANK & TRUST, 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, dur
ing the legal hours of sale, at
the Courthouse door in Jackson
County, Georgia, 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 245, Jackson County,
Georgia, being Lot 26, Summit
Chase East Subdivision, on
plat of said subdivision recorded
in Jackson County plat records
at Plat Book 68, Pages 159-
161, and is incorporated herein
by reference for a more com
plete description. Said property
will be sold together with any
and all fixtures and personal
property conveyed by said
deed. The sale will be held
subject to any unpaid taxes or
other assessments which may
be liens against said property;
all prior protective or restric
tive covenants, rights-of-way,
and easements; and all rights
of the Internal Revenue Service
as applicable; and any other
matters of record superior to
the PEOPLES BANK & TRUST
Security Deed. Notice has been
given of intention to collect attor
ney fees in accordance with the
terms of the Note secured by
said deed.
Said property will be sold as
the property of MAPLE HOMES,
INC., and the proceeds of said
sale will be applied to the pay
ment of said indebtedness, the
expense of said sale, all as
provided in said deed, and the
undersigned will execute a deed
to the purchaser at said sale as
provided in the aforementioned
Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for MAPLE
HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
PO. Box 602
Buford, Georgia 30515
(770) 945-1294
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 in Security Deed
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by MAPLE HOMES,
INC., Grantor, to PEOPLES
BANK & TRUST, Grantee,
dated NOVEMBER 9, 2006,
said deed recorded in Jackson
County Deed Records at
Deed Book 46-K, Page 724,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the Note there
by secured, has declared the
entire amount of said indebt
edness due and payable and
pursuant to the power of sale
contained in said deed will, on
the first Tuesday in June, 2009,
during the legal hours of sale, at
the courthouse door in Jackson
County, Georgia, 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
245, Jackson County, Georgia,
being Lot 33, Summit Chase
East Subdivision, on plat of
said subdivision recorded in
Jackson County plat records at
Plat Book 68, Pages 159-161,
and is incorporated herein by
reference for a more complete
description.
Said property will be sold
together with any and all fix
tures and personal prop
erty conveyed by said deed.
The sale will be held subject
to any unpaid taxes or other
assessments which may be
liens against said property; all
prior protective or restrictive
covenants, rights-of-way, and
easements; and all rights of
the Internal Revenue Service
as applicable; and any other
matters of record superior to
the PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney fees
in accordance with the terms
of the Note secured by said
deed.
Said property will be sold as
the property of MAPLE HOMES,
INC., and the proceeds of said
sale will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser at said
sale as provided in the afore
mentioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for MAPLE
HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
PO. Box 602
Buford, Georgia 30515
(770) 945-1294
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 in Security Deed
State of Georgia
County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by MAPLE HOMES,
INC., Grantor, to PEOPLES
BANK & TRUST, Grantee,
dated NOVEMBER 9, 2006,
said deed recorded in Jackson
County Deed Records at
Deed Book 46-K, Page 744,
the undersigned, PEOPLES
BANK & TRUST, pursuant to
said deed and the Note there
by secured, has declared the
entire amount of said indebt
edness due and payable and
pursuant to the power of sale
contained in said deed will, on
the first Tuesday in June, 2009,
during the legal hours of sale, at
the courthouse door in Jackson
County, Georgia, 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
245, Jackson County, Georgia,
being Lot 43, Summit Chase
East Subdivision, on plat of
said subdivision recorded in
Jackson County Plat Records
at Plat Book 68, Pages 159-
161, and is incorporated herein
by reference for a more com
plete description.
Said property will be sold
together with any and all fix
tures and personal prop
erty conveyed by said deed.
The sale will be held subject
to any unpaid taxes or other
assessments which may be
liens against said property; all
prior protective or restrictive
covenants, rights-of-way, and
easements; and all rights of
the Internal Revenue Service
as applicable; and any other
matters of record superior to
the PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney fees
in accordance with the terms
of the Note secured by said
deed.
Said property will be sold as
the property of MAPLE HOMES,
INC., and the proceeds of said
sale will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser at said
sale as provided in the afore
mentioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for MAPLE
HOMES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
PO. Box 602
Buford, Georgia 30515
(770) 945-1294
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)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by ALLEN W.
WIMBS to UNION PLANTERS
BANK, N.A. dated September
30, 2002, and recorded in
Deed Book 28-E, Page 601,
Jackson County Records, said
Security Deed having been
last sold, assigned, transferred
and conveyed to EverHome
Mortgage Company by
Assignment securing a Note
in the original principal amount
of $133,420.00, 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
245 G.M.D., Jackson County,
Georgia, and being Lot 8,
Morgan’s Creek Subdivision,
as per plat recorded in Plat
Book 57, Page 272, Jackson
County, Georgia Records,
which recorded plat is incor
porated herein by reference
for a more complete descrip
tion of said property.
Said property is known
as 157 Hamilton Drive,
Jefferson, GA 30549, togeth
er with all fixtures and per
sonal property attached to
and constituting a part of said
property, if any.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, whether or
not now due and payable),
the right of redemption of any
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorney’s
fees in accordance with the
terms of the Note secured by
said Deed.
Said property will be sold as
the property of Allen W. Wimbs,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being pres
ently in the possession of Allen
W. Wimbs, 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.
EverHome Mortgage
Company as Attorney-in-Fact
for Allen W. Wimbs
File no. 08-007036
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/AVR
www.swertfeger.net
THE LAW FIRM IS ACTING
ASADEBT COLLECTOR. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MY6,13,20,27B/1323-50T1P)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power con
tained in a Deed To Secure
Debt executed and delivered
by JEFF RAMEY to JAMES
PATRICK, dated June 6, 2005,
and recorded in Deed Book
39-F, Page 284, Jackson
County, Georgia Records, and
recorded securing a note of
even date, and any other pres
ent or future indebtedness, in
addition to interest accruing,
there will be sold at public outcry
to the highest bidder for cash,
before the Courthouse door
in Jackson County, Georgia,
by the undersigned, acting as
Attorney-in-Fact for the said
JEFF RAMEY as provided in
said Deed to Secure Debt,
between the hours of 10:00
A.M. and 4:00 P.M. Eastern
Time, on the first Tuesday in
June, to-wit; June 2, 2009:
ALL THAT TRACT OR
PARCEL OF LAND situate,
lying and being in the 242 GMD,
Jackson County, Georgia, con
taining 0.59 acres, more or less,
more particularly described
according to a plat prepared by
W. T. Dunahoo and Associates,
Surveyors, dated April 13,
1971, said plat being recorded
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia, in Plat Book
8, Page 15. Bounded on the
North by County Road, on the
Northeast by lands of J. T. Riley
(J.C. Riley), on the Southwest
by lands of J. T. Riley (J.C.
Riley) and on the West by lot
of Otis Sims. Said plat and the
description thereof being incor
porated herein by reference for
a detailed description.
ALSO: ALL THAT TRACT
OR PARCEL OF LAND situ
ate, lying and being in the
242 GMD, Jackson County,
Georgia, as shown by plat
and survey of Robert T. Black,
Surveyor, dated November 12,
1969, said plat being recorded
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia, in Plat Book
6, Page 73. Bounded accord
ing to said plat on the North by
lands of Mack, on the Northeast
by County Dirt Road, on the
East by lands of Riley, on the
South by lands of Riley and on
the West by lands of Riley. For
a more detailed description, ref
erence is hereby made to said
plat as recorded.
LESS AND EXCEPT: ANY
PORTION of property con
veyed in Right of Way Deed
recorded at Deed Book 16-Y,
Page 748.
The debt secured by said
Deed to Secure Debt, being in
default, said powers contained
therein will be exercised and
the land will be sold as property
of JEFF RAMEY by the under
signed, as Attorney-in-Fact for
the said JEFF RAMEY.
Said property shall be sold
subject to any and all outstand
ing easements and right-of-
way, restrictions of record, if
any, and to all unpaid taxes and
assessments.
The proceeds from said sale
will be applied to the payment
of the above-styled indebted
ness, the expenses of the pro
cedure, attorney’s fees (notice
as required in Sec. 13-1-11,
O.C.G.A., 1982, as amended,
having been sent), and the bal
ance, if any, shall be applied as
provided in said Deed to Secure
Debt. Proper conveyance will
be made to the purchaser at
the sale by the undersigned
acting as Attorney-in-Fact for
the said JEFF RAMEY.
This 30th day of April, 2009.
JAMES PATRICK As
Attorney-in-Fact for JEFF
RAMEY
Allen L. Lacey, Jr.
Attorney at Law
P. O. Box 356
Commerce, Georgia 30529
(706)335-7886
(MY6,13,20,27B/1324-60T)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of Sale
contained in that certain Security
Deed from REENA V. HENSON
and TREMAYNE D. HENSON
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nominee
for COUNTRYWIDE HOME
LOANS, INC., dated April 24,
2007, recorded June 28, 2007,
in Deed Book49-E, Pages 309-
331, Jackson County, Georgia
Records, said Security Deed
having been given to secure a
Note of even date in the origi
nal principal amount of TWO
HUNDRED EIGHTY-SEVEN
THOUSAND AND 00/100
DOLLARS ($287,000.00), with
interest thereon as provided
for therein, said Security Deed
having been last sold, assigned
and transferred to BAC Home
Loans Servicing, LP, there
will be sold at public outcry
to the highest bidder for cash
before the Courthouse door
continued on following page