Newspaper Page Text
WEDNESDAY, MAY 27, 2009
THE JACKSON HERALD
PAGE 11C
Public Notices Continued
gpnll
Notice of Sale
Notice of Sale Under Power
By virtue of the power of
sale contained in a Deed to
Secure Debt by STEPHEN
L. BRUMBELOW and
SHARON D. BRUMBELOW
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. (“MERS”) as nomi
nee for AMERICAN EQUITY
MORTGAGE, INC., dated
February 5, 2007, and filed for
record February 21, 2007 in
Deed Book 47-P, Page 488,
Jackson County, Georgia
Records, and securing a Note
in the original principal amount
of $402,000.00; last trans
ferred to CitiMortgage, Inc. by
Assignment filed for record
March 23, 2009, in Deed Book
54-U, Page 138, Jackson
County, Georgia Records, there
will be sold at a public outcry
for cash to the highest bidder
before the Courthouse door
of Jackson County, Georgia,
between the legal hours of sale
on the first Tuesday in June,
2009, by CitiMortgage, Inc. as
Attorney-in-Fact for Stephen
L. Brumbelow and Sharon D.
Brumbelow the following prop
erty to-wit:
ALL THAT TRACT or parcel
of land lying and being in the
1765th District, GM, of Jackson
County, Georgia, and being Lot
7 of Hunting Hills Subdivision,
as per plat recorded in Plat Book
62, Pages 183-187, Records of
Jackson County, Georgia, which
plat is incorporated herein by
reference and made a part of
this description.
The above described property
is also known as 217 Hunting
Hills Drive, Braselton, GA
30517.
The indebtedness secured by
said Deed to Secure Debt hav
ing been declared due and pay
able because of default in the
payment of the indebtedness
secured thereby, this sale will be
made for the purpose of paying
the same and all expenses of
sale, including attorney’s fees, if
applicable.
The property will be sold as
the property of the aforesaid
grantor subject to the following:
all prior restrictive covenants,
easements, rights-of-way, secu
rity deeds, or encumbrances of
record; all valid zoning ordi
nances; matters which would
be disclosed by an accurate
survey of the property or by
any inspection of the property;
all outstanding taxes, assess
ments, unpaid bills, charges,
and expenses that are a lien
against the property whether
due and payable or not yet due
and payable.
To the best of the under
signed’s knowledge and belief,
possession of the subject
property is held by Stephen
L. Brumbelow and Sharon D.
Brumbelow.
Pursuant to O.C.G.A. §44-14-
162.2, the name, address and
telephone number of the indi
vidual or entity who shall have
the full authority to negotiate,
amend or modify all terms of the
above described mortgage is as
follows:
CitiMortgage, Inc.
Attn: Loss Mitigation Dept.
3950 Regent Boulevard, MS
-S2A-286
Irving, TX 75063
Telephone number: 1-800-
422-1498
The foregoing notwithstand
ing, nothing in O.C.G.A. §
44-14-162.2 shall be construed
to require CitiMortgage, Inc. to
negotiate, amend or modify the
terms of the Deed to Secure
Debt described herein.
CitiMortgage, Inc. as
Attorney-in-Fact for Stephen
L. Brumbelow and Sharon D.
Brumbelow
SHUPING, MORSE & ROSS,
LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite
100
Riverdale, Georgia 30274-
1698
(770) 991-0000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MY7,14,21,28B/119-60)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Under and by virtue of the
power of sale contained in that
certain Deed to Secure Debt
((Security Deed() executed by
DANIEL WILSON in favor of
COMMUNITY BANK & TRUST
dated October 10, 2001,
and recorded at Deed Book
24-P, Pages 399-402 of the
Jackson County, Georgia Deed
Records, modified December
12, 2007, recorded at Deed
Book 50-Z, Page 684 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, that
being June 2, 2009, the follow
ing described property:
All that tract or parcel of land
situate, lying and being in the
Minish (255) G.M.D., Jackson
County, Georgia, in the City
of Commerce, CONTAINING
7.071 ACRES, MORE OR
LESS, lying on the Southeast
right-of-way of County Road
466 and on the Northeast right-
of-way of Industrial Parkway
near its intersection with County
Road 466 according to a plat of
survey for Commerce Plastics
by Max Lewallen, R.S., dated
November 20, 1995, as last
revised January 5, 1996, con
sisting of Tract One, containing
6.309 acres and Tract Two,
containing 0.762 acres, record
ed in Plat Book 46, Page 121,
Jackson County Deed Records,
the description as contained
therein being incorporated
herein by reference, and being
more particularly described as
follows: TO FIND THE POINT
OF BEGINNING, commence
at the intersection of the cen
terline of Industrial Parkway
with the centerline of County
Road 466; thence run North
29 degrees 46 minutes 39 sec
onds East 188.73 feet to the
POINT OF BEGINNING, which
point of beginning is South 51
degrees 04 minutes 00 sec
onds East 7.02 feet from an
iron pin found; thence running
along the Southeast right-of-
way of County Road 466 North
34 degrees 00 minutes 00 sec
onds East 81.30 feet, North 35
degrees 21 minutes 00 sec
onds East 90.90 feet; thence
continuing along the Southeast
right-of-way of County Road
466 and following the curvature
thereof in a Northeastern direc
tion 333.96 feet, with curve
data as shown on the above-
described plat; thence continu
ing along the Southeast right-
of-way of County Road 466
North 22 degrees 34 minutes
37 seconds East 129.58 feet,
North 23 degrees 01 minute 25
seconds East 142.64 feet, and
North 25 degrees 25 minutes
10 seconds East 10.45 feet
to a point on the Southeast
right-of-way of County Road
Number 466, which point is
South 36 degrees 03 minutes
00 seconds East 11.31 feet
from an iron pin found; thence
running along property of Metro
Machine Works, Inc. and gen
erally along a ditch for a prop
erty line South 36 degrees
03 minutes 00 seconds East
234.99 feet, South 55 degrees
53 minutes 00 seconds East
34.20 feet, South 79 degrees
56 minutes 00 seconds East
66.20 feet, South 78 degrees 52
minutes 00 seconds East 49.00
feet, and South 77 degrees
41 minutes 00 seconds East
29.70 feet to a point at or near
the head of a branch; thence
running along the centerline of
said branch for a property line
South 78 degrees 51 minutes
00 seconds East 10.30 feet,
South 67 degrees 41 minutes
00 seconds East 68.30 feet,
and South 27 degrees 24 min
utes 00 seconds East 30.15
feet to a point in the centerline
of said branch with an iron pin
found offset South 48 degrees
55 minutes 23 seconds West
5.00 feet; thence running from
the centerline of said branch
South 48 degrees 55 minutes
23 seconds West 150.72 feet to
an iron pin found; thence run
ning along property of Caudell
South 34 degrees 23 minutes
26 seconds West 685.62 feet to
an iron pin set on the Northeast
right-of-way of Industrial
Parkway; thence running along
the Northeast right-of-way of
Industrial Parkway North 68
degrees 15 minutes 00 sec
onds West 194.20 feet to an
iron pin found; thence running
along City of Commerce prop
erty and Alltel property North
48 degrees 58 minutes 27 sec
onds East 96.18 feet to an iron
pin found; thence running North
51 degrees 04 minutes 00 sec
onds West 205.56 feet to the
point of beginning.
The above-described prop
erty being a portion of the prop
erty conveyed from Mrs. Bessie
Fuller, et al to James Short by
warranty deed dated October 2,
1982, recorded in Deed Book
8G, Pages 351-52, Jackson
County Deed Records, and also
being the same property con
veyed from R. Elliott Caudell to
James Short by warranty deed
dated April 18, 1991, record
ed in Deed Book 11S, Page
680, Jackson County Deed
Records, and also being all of
that certain property conveyed
from Caudell, Inc. to MANAR,
Inc. by warranty deed dated
December 12, 1995, recorded
in Deed Book 15-D, Pages
674-75, Jackson County Deed
Records, and further being
all of that property conveyed
from James Short to MANAR,
Inc. by warranty deed dated
January 22, 1996, as record
ed in Jackson County Deed
Records.
Said property is locat
ed at: 3680 Mount Olive
Road, Commerce, Jackson
County, Georgia and Industrial
Parkway, Commerce, Jackson
County, Georgia.
The debt secured by said
Security Deed is evidenced by
a Promissory Note (the “Note”),
dated March 10, 2008 in the
original principal amount of
$848,286.88, payable, princi
pal and interest from the date
thereof shown on said Note on
the unpaid balance until paid.
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 Daniel Wilson, 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 posses
sion of Daniel Wilson and will
be sold as the property of
Daniel Wilson.
The undersigned will execute
a deed to the purchaser as
authorized in the aforemen
tioned Security Deed.
Daniel Wilson
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/417-120T1)
gpnll
Notice of Sale
Notice of Sale Under Power
By virtue of the power con
tained in a Deed to Secure
Debt executed and deliv
ered by DANIEL WILSON to
COMMUNITY BANK AND
TRUST, dated March 20,
2007, and recorded in Deed
Book 47X, Page 758-760,
Office of the Clerk of Superior
Court of Jackson County,
Georgia; securing sums in
the original principal amount
of $135,000.00; 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
DANIEL WILSON, as provided
in said Deed To Secure Debt
between the hours of 10:00
A.M. and 4:00 PM. Eastern
Time, on the first Tuesday in
June, 2009, to-wit: June 2,
2009.
All that tract or parcel of
land lying and being in the
245th G.M. District, City of
Jefferson, Jackson County,
Georgia, consisting of 1.31
acres, more or less, as shown
on that plat of survey dated
March 19,1987, for Miss Irene
Rankin, prepared by W.T.
Dunahoo and Associates,
Inc., W.T. Dunahoo, Georgia
Registered Land Surveyor No.
1577, as recorded in Plat Book
29, Page 71, Jackson County,
Georgia records. Said plat, by
reference thereto, is hereby
incorporated herein for a more
detailed description of said
property.
LESS AND EXCEPT:
All that tract or parcel of
land lying and being in the
245 G.M. District, City of
Jefferson, Jackson County,
Georgia, consisting of 0.31
acre, more or less, and being
designated as Tract 1 (0.27
acre) and Tract 2 (0.03 acre)
as shown on that plat of sur
vey dated May 16, 1988, for
Jack Seabolt, prepared by
Venable and Associates, Inc.,
Allen L. Venable, Jr., Georgia
Registered Land Surveyor No.
1761, as recorded in Plat Book
30, Page 60, Jackson County,
Georgia, records. Said plat,
by reference thereto, is here
by incorporated herein for a
more detailed description of
said property.
This conveyance is subject
to all easements and rights
of way for roads and utili
ties now in use along with all
easements and restrictions of
record.
The debt secured by said
Deed To Secure Debt, being
in default, said powers con
tained therein will be exer
cised and the land will be
sold as property of DANIEL
WILSON, by the undersigned,
as Attorney in Fact for the said
DANIEL WILSON.
Said property shall be
sold subject to any and all
outstanding easements and
rights-of-ways, restrictions of
record, if any, and to all unpaid
taxes and assessments. 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 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 as required),
and the balance, if any, shall
be applied as provided in said
Deed To Secure Debt. Proper
conveyance will be made to
the purchaser at the said sale
by the undersigned acting as
Attorney in Fact for the said
DANIEL WILSON.
Pursuant to §44-14-
162.2(a) & (b), O.C.G.A. 1982
as amended, a copy of this
Notice has been mailed to
the Debtor. The individual
on behalf of Community Bank
and Trust who has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is:
Greg Weicht
P. O. Box 1900
Cornelia, Georgia 30531
1-706-778-2264
To the best knowledge,
information, and belief of
COMMUNITY BANK AND
TRUST the premises are cur
rently occupied by tenants.
Pursuant to the Fair Debt
Collection Practices Act, it is
required that the following is
stated: “This document is an
attempt to collect a debt and
any information obtained will
be used for that purpose”. [15
U.S.C. Section 1692e(11).]
This 10th day of April,
2009.
COMMUNITY BANK AND
TRUST
ELTON COLLINS,
President, As Attorney in Fact
for DANIEL WILSON
GREGORY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(AP6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by PAMELA
J. EMMONS and ROBERT W.
EMMONS to AMERIQUEST
MORTGAGE COMPANY,
dated August 13, 2001, in
the amount of $57,750.00,
and recorded in Deed Book
24-H, Page 736, Jackson
County, Georgia Records,
as last transferred to U.S.
Bank National Association, as
Trustee in trust for the ben
efit of the Certificateholders
for Ameriquest Mortgage
Securities Inc., Series 2001-2,
Floating Rate Mortgage Pass-
Through Certificates by assign
ment, the undersigned, U.S.
Bank National Association, as
Trustee in trust for the ben
efit of the Certificateholders
for Ameriquest Mortgage
Securities Inc., Series 2001-
2, Floating Rate Mortgage
Pass-Through Certificates
pursuant to said deed and
the note thereby secured, has
declared the entire amount of
said indebtedness due and
payable and pursuant to the
power of sale contained in
said deed, will on the first
Tuesday in June, 2009, during
the legal hours of sale, at the
Courthouse door in Jackson
County, sell at public outcry
to the highest bidder for cash,
the property described in said
deed to-wit:
All that tract or parcel of
land lying and being on the
Western Right of Way of Green
Hill Court in the 455 G.M.
District of Jackson County,
Georgia containing .38 acres
and designated as Lot 4 of
Section 2 of Pleasant Acres
according to a plat of survey
prepared by W.T. Dunaboo,
Georgia Registered Land sur
veyor, dated February, 1974
and recorded at Plat Book 9,
Page 200, Jackson County,
Georgia Records, reference
is made to said plat of survey
for a more complete descrip
tion of the property. Being
that parcel of land conveyed
to Robert W. Emmons and
Pamela J. Emmons from John
Curtis Johnson and Calista
Ray Johnson by that deed
dated 11/25/1996 and record
ed 11/26/1996 in Deed Book
16-C, at Page 149 of the
Jackson County, GA Public
Registry.
which has the property
address of 117 Greenhill
Court, Maysville, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Pamela
J. Emmons and Robert W.
Emmons 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.
U.S. Bank National
Association, as Trustee
in trust for the benefit of
the Certificateholders for
Ameriquest Mortgage
Securities Inc., Series 2001-2,
Floating Rate Mortgage Pass-
Through Certificates Attorney
in Fact for Pamela J. Emmons
and Robert W. Emmons
Anthony DeMarlo, Attorney/
jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08848 /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/1325-60)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by DENIS GAMEZ to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 29, 2005, in
the amount of $130,240.00,
and recorded in Deed Book
38-U, Page 797, Jackson
County, Georgia Records,
as last transferred to EMC
Mortgage Corporation by
assignment, the undersigned,
EMC Mortgage Corporation
pursuant to said deed and
the note thereby secured, has
declared the entire amount of
said indebtedness due and
payable and pursuant to the
power of sale contained in
said deed, will on the first
Tuesday in June, 2009, during
the legal hours of sale, at the
Courthouse door in Jackson
County, sell at public outcry
to the highest bidder for cash,
the property described in said
deed to-wit:
All that tract or parcel of
land lying and being in GMD
1407 of Jackson County,
Georgia, being Lot 9, Century
Oaks Subdivision, as per plat
recorded in Plat Book 54,
Page 269, Jackson County
Records, said plat being incor
porated herein by reference
thereto.
which has the property
address of 154 Serenity
Court, Hoschton, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold as
the property of Denis Gamez
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 as pro
vided in the aforementioned
Security Deed.
EMC Mortgage Corporation
Attorney in Fact for
Denis Gamez
Anthony DeMarlo, Attorney/
jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-09054 /FNMA
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/1325-40)
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
PHILIP C. WALDRON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated October 5, 2006,
in the amount of $480,000.00,
and recorded in Deed Book
45-W, Page 770, Jackson
County, Georgia Records, as
last transferred to IndyMac
Federal Bank FSB by assign
ment, the undersigned,
IndyMac Federal Bank FSB
pursuant to said deed and
the note thereby secured, has
declared the entire amount of
said indebtedness due and
payable and pursuant to the
power of sale contained in
said deed, will on the first
Tuesday in June, 2009, during
the legal hours of sale, at the
Courthouse door in Jackson
County, sell at public outcry
to the highest bidder for cash,
the property described in said
deed to-wit:
All that tract or parcel of
land, together with improve
ments thereon, situate, lying
and being in the 248th G.M.
District, Jackson County,
Georgia, being Tract 3, con
taining 2.85 acres, more
or less, as per plat thereof
recorded in Plat Book 25, Page
47, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence and made a part of this
description.
Together with a 20 foot
ingress/egress easement as
shown on plat recorded in Plat
Book 25, Page 47, Jackson
County Records.
which has the property
address of 6096 Hwy. 124
West, Hoschton, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Philip C.
Waldron 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.
IndyMac Federal Bank FSB
Attorney in Fact for Philip C.
Waldron
Anthony DeMarlo, Attorney/
Iseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-12682 /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
Foreclosure
Notice of Foreclosure Under Deed to Secure
Debt with Power of Sale
State of Georgia, County of Jackson
Because of default in the
payment of indebtedness evi
denced by a Promissory Note
dated January 25, 2008, in
the original principal sum of
$600,000.00 (being a renewal
of indebtedness evidenced
by Promissory Note originally
dated October 18, 2006), said
Note being secured by a Deed
to Secure Debt executed by
CUSTOM DREAM HOMES,
LLC, as Grantor, to GWINNETT
COMMUNITY BANK, as
Grantee, dated October 18,
2006, filed for record October
27, 2006, at 10:12 a.m. and
recorded at Deed Book 46-C,
Pages 498-503, in the Office
of the Clerk of the Superior
Court of Jackson County,
Georgia, and because of said
default in the payment of the
indebtedness evidenced by the
Promissory Note dated January
25, 2008, and by virtue of the
fact that said Note fully matured
continued on following page