Newspaper Page Text
PAGE 18C
THE JACKSON HERALD
WEDNESDAY, MAY 27, 2009
Public Notices Continued
attorney’s fees having been
given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in posses
sion of the subject property
known as 1205 Highway
60, Hoschton, GA 30548
is (are): Roxanne Caroline
Shunk or tenant or tenants.
Said property will be sold
subject to (a) any outstanding
ad valorem taxes (including
taxes which are a lien, but
not yet due and payable),
(b) any matters which might
be disclosed by an accurate
survey and inspection of the
property, and (c) all matters
of record superior to the Deed
to Secure Debt first set out
above, including, but not lim
ited to, assessments, liens,
encumbrances, zoning ordi
nances, easements, restric
tions, covenants, etc.
The sale will be conducted
subject to (1) confirmation
that the sale is not prohibited
under the U.S. Bankruptcy
Code: (2) O.C.G.A. Section
9-13-172.1; and (3) final con
firmation and audit of the sta
tus of the loan with the holder
of the security deed.
Pursuant to O.C.G.A.
Section 9-13-172.1, which
allows for certain procedures
regarding the rescission of
judicial and nonjudicial sales
in the State of Georgia, the
Deed Under Power and other
foreclosure documents may
not be provided until final
confirmation and audit of the
status of the loan as provided
in the preceding paragraph.
Deutsche Bank National
Trust Company, as Trustee
for the registered holders of
Bravo Mortgage Asset Trust
2006-1, Bravo Mortgage
Asset Backed Pass-Through
Certificates, Series 2006-1 as
attorney in fact for Roxanne
Caroline Shunk
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW
FIRM IS
ACTING AS
A DEBT
COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION
OBTAINED
WILL BE USED
FOR THAT
PURPOSE.
FC09-322
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virue of a Power of Sale
contained in that certain Deed
to Secure Debt from CHADD
T. VINSON to GREEN TREE
FINANCIAL SERVICING
CORPORATION nka GREEN
TREE SERVICING, LLC,
dated August 27, 1999, and
recorded in Deed Book 20-D,
Page 8, in the Office of the
Clerk of Superior Court of
Jackson County, Georgia, said
Deed to Secure Debt having
been given to secure a Note,
dated August 27, 1999, in
the original principal amount
of ONE HUNDRED TWENTY
EIGHT THOUSAND TWO
HUNDRED EIGHTY SEVEN
AND 95/100 DOLLARS
($128,287.95) with interest
thereon as provided therein,
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 of June
2009 regarding the following
described property:
All that tract or parcel of
land lying and being in 1765th
G.M.D., Jackson County,
Georgia, being 3.53 acres
according to plat of Boundary
Survey for Ralph J. Perry,
J.R. & Kaye Perry, recorded
in Plat Book 23, Page 75,
Jackson County records and
incorporated herein; being
the same property conveyed
in deed recorded in Deed
Book 19-F, Page 488, said
records.
Also conveyed herewith is
a 2000 Palm Harbor 28x66
manufactured home, Serial
Number PH1410428, which
is permanently attached to
and made a part of the real
property.
Said property is commonly
known as 74 Davenport Rd.,
Braselton, GA 30517.
The indebtedness secured
by said Deed to Secure
Debt has been and is here
by declared due because of
default under the terms of
said Deed to Secure Debt
and Note, including but not
limited to the nonpayment
of the indebtedness as and
when due. The indebtedness
remaining in default, this sale
will be made for the pur
pose of paying the same, all
expenses of the sale, includ
ing attorney’s fees and all
other payments provided for
under the terms of the Deed
to Secure Debt and Note.
Said property will be sold
subject to the following items
which may effect the title of
said property; zoning ordi
nances, matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills
for public utilities which con
stitute liens upon said prop
erty; all restrictive covenants,
easements, rights-of-way and
any other matters of record
superior to said Deed to
Secure Debt. To the best of
the knowledge and belief of
the undersigned, the party in
possession of the property is
Chadd T. Vinson or tenant(s).
Green Tree Servicing, LLC
as Attorney-in-Fact for Chadd
T. Vinson
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd.,
Suite B
Atlanta, Georgia 30319
(404) 728-0220
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
By virtue of the power of
sale contained in that cer
tain Deed to Secure Debt
from STUART M. SCRUGGS
to BRANCH BANKING &
TRUST COMPANY, dated
April 5, 2007, and recorded
in Deed Book 48-E, Pages
348-355, Jackson County,
Georgia Records (hereinafter
referred to as “Deed to Secure
Debt”), said Deed to Secure
Debt securing a Promissory
Note (“Note”) in the origi
nal principal sum of SEVEN
HUNDRED FORTY FOUR
THOUSAND AND 00/100
DOLLARS ($744,000.00),
with interest from said date
at the rate stated in said Note
on the unpaid balance until
paid, there will be sold by
the undersigned at public out
cry to the highest bidder for
cash before the Courthouse
at Jackson County, Georgia,
within the legal hours of sale
on Tuesday, June 2, 2009, the
property described on Exhibit
“A” attached hereto and incor
porated herein by reference.
The debts secured by said
Deed to Secure Debt have
been and are hereby declared
due and payable because of,
among other possible events
of default, failure to make
payments on said Note. The
debts remaining in default,
this sale will be made for the
purpose of paying the same
and all expenses of this sale,
including attorney’s fees.
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 assessments,
liens, encumbrances, zon
ing ordinances, restrictions,
easements, covenants, and
matters of record superior to
the Deeds to Secure Debt
first set out above, including,
but not necessarily limited to,
senior encumbrances that will
not be extinguished by the
foreclosure sale contemplat
ed by this Notice.
To the best knowledge and
belief of the undersigned, the
Party in possession of the
property is Stuart M. Scruggs
ora tenant or tenants, and said
property is more commonly
known as LOT 8, NORTH
JEFFERSON BUSINESS
PARK, JACKSON COUNTY,
GEORGIA. However, please
rely only on the legal descrip
tion contained in this notice
for the location of the prop
erty.
Branch Banking & Trust
Company
Attorneys in Fact for Stuart
M. Scruggs d/b/a Scruggs
Contracting Service
Martin G. Quirk, Esq.
Angela M. Hurley, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
Exhibit “A”
All that tract or parcel
of land lying and being in
G.M.D. 428, Jackson County,
Georgia, being Lot 8, North
Jefferson Business Park, as
per plat of survey for Joe
White, dated March 17, 2006,
and recorded in Plat Book
68, Page 5, Jackson County,
Georgia Records, which plat
is incorporated herein by
reference and made a part
hereof.
(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 Deed to Secure
Debt and Security Agreement
from EARTH RESOURCES,
INC. (the “Grantor”) to and in
favor of GEORGIAN BANK
(the “Lender”) dated June 28,
2007, filed for record July 18,
2007, and recorded in Deed
Book 49-K, Pages 518-538,
Jackson County, Georgia
Records, as modified by that
certain Loan Modification
Agreement by and between
Charles C. Dinsmore (“CCD”),
Grantor, Dinsmore Grading,
Inc. (“Grading”) and Lender
dated August 28, 2007,
filed for record October 17,
2007, and recorded in Deed
Book 0050-K, Pages 0251-
0266, aforesaid records
and recorded on October 1,
2007, in Deed Book 01056,
Pages 0092-0107, Madison
County, Georgia records (the
“First Modification”), as fur
ther modified by that certain
Modification Agreement by and
between Grantor and Lender
dated March 28, 2008, filed
for record August 4, 2008, and
recorded in Deed Book 0052Z,
Pages 0342-0343, Jackson
County, Georgia records, and
recorded on June 2, 2008,
in Deed Book 00936, Pages
0304-0305, Franklin County,
Georgia records (the “Second
Modification”) (as modified,
the “Security Deed”); secur
ing i) that certain renewal
Promissory Note from Grantor
to and in favor of Lender
dated March 28, 2008 in the
original principal sum of TWO
MILLION ONE HUNDRED
FORTY-FIVE THOUSAND
AND 00/100 DOLLARS
($2,145,000.00); ii) that cer
tain renewal Promissory Note
from CCD to and in favor of
Lender dated March 28, 2008
in the original principal sum of
TWO HUNDREDTHOUSAND
AND 00/100 DOLLARS
($200,000.00); iii) that cer
tain renewal Promissory Note
from CCD to and in favor
of Lender dated March 28,
2008 in the original principal
sum of TWO MILLION FIVE
HUNDRED TWO THOUSAND
TWO HUNDRED SEVENTY-
FOUR AND 00/100 DOLLARS
($2,502,274.00); iv) that cer
tain renewal Promissory Note
from CCD to and in favor
of Lender dated March 28,
2008 in the original princi
pal sum of SIX HUNDRED
THOUSAND AND 00/100
DOLLARS ($600,000.00);
and v) that certain renewal
Promissory Note from CCD
to and in favor of Lender
dated March 28, 2008 in the
original principal sum of TWO
MILLION THREE HUNDRED
TWENTY-FIVE THOUSAND
FORTY-SIX AND 00/100
DOLLARS ($2,325,046.00)
(collectively, the “Notes”);
there will be sold at public
outcry by Lender as attorney-
in-fact of Grantor to the high
est bidder for cash between
the legal hours for sale
before the Courthouse door
in Jackson County, Georgia,
on the first Tuesday in June,
2009, the following described
land, improvements and
appurtenances (hereinafter
collectively referred to as the
“Premises”) to wit:
Parcel One:
All that tract or parcel
of land, together with all
improvements thereon, lying
and being in G.M. District 428,
of Jackson County, Georgia,
and being 94.48 acres as
shown on a plat for Milton
and Anne B. Fried, dated
October 27, 1998, as sur
veyed by Richard H. Holcomb,
Registered Surveyor, which
plat is recorded at Plat Book
50, Page 243, of the Jackson
County Records and incorpo
rated herein by reference for
a more complete description
thereof.
Parcel Two:
All that tract or parcel
of land, together with all
improvements thereon, lying
and being in 428 GMD,
Jackson County, Georgia,
containing 12.05 acres, more
or less, as shown on plat
of survey of Owen Patton,
Surveyor, dated July 15,
1993, recorded at Plat Book
41, Page 88, Jackson County
Plat Records, said plat being
incorporated herein by refer
ence and being more particu
larly described as follows:
BEGINNING at an iron pin
corn on the eastern right-of-
way of Brooks Road, said
road being an 80 foot right-
of-way, said iron pin being
North 7 degrees 38 minutes
59 seconds East 422.63 feet
from a nail in the centerline
intersection Brooks Road and
Lanier Road; running thence
along the eastern right-of-
way of Brooks Road North
01 degrees 57 minutes 07
seconds East 322.05 to an
iron pin at a power pole;
continuing along the eastern
right-of-way of Brooks Road
North 01 degree 42 minutes
30 seconds East 90.66 feet
to an iron pin corner; running
thence along property now or
formerly of Robert T. Smith,
III, North 89 degrees 54 min
utes 54 seconds East 381.09
feet to a point; running thence
North 05 degrees 45 minutes
37 seconds East 166.65 feet
to an iron pin corner; running
thence North 87 degrees 28
feet to a point; thence north
45 degrees 17 minutes west
174.64 feet to a point; thence
north 45 degrees 47.70
minutes west 180.88 feet
to a point; thence north 51
degrees 30.37 minutes west
62.23 feet to a point; thence
north 61 degrees 38 minutes
west 101.52 feet to a point;
thence north 76 degrees
31.52 minutes west 103.64
feet to a point; thence north
83 degrees 59.20 minutes
west 100.99 feet to a point;
thence south 89 degrees
46.29 minutes west 107.13
feet to a point; thence south
78 degrees 23.58 minutes
west 99.76 feet to a point;
thence south 74 degrees
49.22 minutes west 102.62
feet to the point of beginning.
Said tract contains 15.73
acres more or less, minutes
21 seconds East 570.87 feet
to a crimp top pin set; running
South 14 degrees 41 minutes
00 seconds East 218.39 feet
to an iron pin; running thence
South 14 degrees 41 min
utes 00 seconds East 354.60
feet to an iron pin found at a
fence corner; running thence
South 87 degrees 28 minutes
21 seconds West 1128.14
feet to an iron pin corn on
the eastern right-of-way of
Brooks Road and the point of
beginning.
Parcel Three:
All that tract or parcel
of land, together with all
improvements thereon, lying
and being in the 428th GM
District, Jackson County,
Georgia, containing 15.73
acres, as shown on a plat
of survey prepared by Owen
Patton, GRLS, prepared by
Fred R. Baldwin, dated May
30, 1980 and as recorded
at Plat Book 17, Page 126,
Jackson County Plat Records,
said plat being incorporated
herein by thereto and being
more particularly described
as follows:
BEGINNING at an iron pin
at the northeast corner of
the intersection of Mountain
Creek Church Road (paved)
and Bridges Road (grav
el) then running north 02
degrees 01 minutes east
324.32 feet to a point; thence
north 01 degrees 44 min
utes east 65 feet to an iron
pin; thence north 87 degrees
28.31 minutes east 1,128.30
feet to an iron pin; thence
south 14 degrees 41 minutes
east 214.5 feet to an iron
pin; thence south 14 degrees
38.58 feet east 516.23 feet
to an iron pin; thence south
55 degrees 09 minutes west
349.41 feet to an iron pin
at the right of way of north
east side of Bridges Road;
thence north 48 degrees
57.28 minutes west 84.90
feet to a point; thence north
42 degrees 41.57 minutes
west 117.88 (the “Land”).
Together with all buildings,
structures and improvements
of every nature whatsoever
now or hereafter situated on
the Land, and all gas and
electric fixtures, radiators,
heaters, engines and machin
ery, boilers, ranges, elevators
and motors, plumbing and
heating fixtures, carpeting
and other floor coverings, fire
extinguishers and any other
safety equipment required by
governmental regulation or
law, washers, dryers, water
heaters, mirrors, mantels,
air conditioning apparatus,
refrigerating plants, refrig
erators, cooking apparatus
and appurtenances, window
screens, awnings and storm
sashes, which are owned
by Grantor and attached to
said buildings, structures or
improvements and all other
furnishings, furniture, fix
tures, machinery, equipment,
appliances, vehicles, build
ing supplies and materials,
books and records, chattels,
inventory, accounts, farm
products, consumer goods,
general intangibles and
personal property of every
kind and nature whatsoever
now or hereafter owned by
Grantor and located in, on or
about, or use or intended to
be used with or in connec
tion with the use, operation
or enjoyment of the Land,
including all extensions, addi
tions, improvements, better
ments, after-acquired prop
erty, renewals, replacements
and substitutions, or pro
ceeds from a permitted sale
of any of the foregoing, and
all the right, title and interest
of Grantor in any such fur
nishings, furniture, fixtures,
machinery, equipment, appli
ances, vehicles and personal
property subject to or covered
by any prior security agree
ment, conditional sales con
tract, chattel mortgage or sim
ilar lien or claim, together with
the benefit of any deposits or
payments now or hereafter
mad by Grantor or on behalf
of Grantor, all trade-names,
trademarks, servicemarks,
logos and goodwill related
thereto which in any way now
or hereafter belong, relate or
appertain to the Land or any
part thereof or are now or
hereafter acquired by Grantor;
and all inventory, accounts,
chattel paper, documents,
equipment, fixtures, farm
products, consumer goods
and general intangibles con
stituting proceeds acquired
with cash proceeds of any of
the property described herein
above, all of which are hereby
declared and shall be deemed
to be fixtures and accessions
to the Land as between the
parties hereto and all per
sons claiming by, through or
under them, and which shall
be deemed to be a portion of
the security for the indebted
ness herein described and to
be secured by the Security
Deed. The location of the
above described collateral is
also the location of the Land.
Together with all ease
ments, rights-of-way, strips
and gores of land, vaults,
streets, ways, alleys, pas
sages, sewer rights, waters,
water courses, water rights
and powers, minerals, flowers,
shrubs, crops, trees, timber
and other emblements now or
hereafter located on the Land
or under or above the same
or any part or parcel thereof,
and all estates, rights, titles,
interests, privileges, liberties,
tenements, hereditaments
and appurtenances, reversion
and reversions, remainder
and remainders, whatsoever,
in anyway belonging, relating
or appertaining to the Land
or any part thereof, or which
hereafter shall in any way
belong, relate or be appur
tenant thereto, whether now
owned or hereafter acquired
by Grantor.
Together with all income,
rents, issues, profits and rev
enues of the Land from time
to time accruing (including
without limitation all pay
ments under leases or tenan
cies, proceeds of insurance,
condemnation payments, ten
ant security deposits whether
held by Grantor or in a trust
account, and escrow funds),
and all the estate, right,
title, interest, property, pos
session, claim and demand
whatsoever at law, as well as
in equity, or Grantor of, in and
to the same.
The indebtedness evi
denced by the Notes is due
and payable and remains
unpaid. The Security Deed
therefore has become 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
without recourse against
Lender and without repre
sentation 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 Notes
and Security Deed. The
Premises shall be sold as
the property of Grantor, sub
ject to all restrictions, ease
ments and other matters of
record that are prior to the
Security Deed and to which
the Security Deed is subject
and to any unpaid city, county
and state ad valorem taxes or
assessments relating to the
Premises.
To the best of the under
signed’s knowledge and belief,
the owner of the Premises is
the Grantor and the party or
parties in possession of the
Premises is the Grantor or
tenants of the Grantor.
GEORGIAN BANK As
Attorney-in-Fact for EARTH
RESOURCES, INC.
James M. Ottley, Esq.
Morris, Manning & Martin,
L.L.P.
1600 Atlanta Financial
Center
3343 Peachtree Road,
N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of Power of Sale
contained in Deed to Secure
Debt from SHARON LACY,
hereinafter GRANTOR,
in favor of AMERICAN
GENERAL FINANCIAL
SERVICES, INC., dated the
6th day of April, 2007, and
filed for record the 11th day
of April, 2007, in Deed Book
48-F, Page 361, Jackson
County, Georgia Records;
Modification Agreement
recorded on the 26th day
of December, 2008, in
Deed Book 53-V, Page 795,
Jackson County, Georgia
Records. Said Deed to
Secure Debt being given to
secure a Promissory Note of
even date in the original prin
cipal amount of One Hundred
Fifty Thousand Four Hundred
Seventy and 00/100ths
Dollars ($150,470.00), with
interest from date as stated
therein; there will be sold by
the undersigned at public out
cry to the highest bidder for
cash before the Courthouse
door at JACKSON County,
Georgia, within the legal
hours of sale on the first
Tuesday in JUNE, 2009, the
following described property:
All that tract or parcel
of land, together with all
improvements thereon, lying
and being in the 1747th
District, G.M., Jackson
County, Georgia, being
Lot 27, Block A, Unit III,
Crestmont Subdivision,
as per plat recorded in Plat
Book 50, Page 276, in the
Office of the Clerk of the
Superior Court of Jackson
County, Georgia, which plat
is incorporated herein and
made a part hereof by refer
ence.
Subject to all easements
and restrictions of record, if
any.
This is the same property
conveyed by Warranty Deed
from Mark A. Prince to Sharon
Lacy, dated 12/29/2004,
recorded 3/7/2005, in Deed
Book 37-Y, Page 528,
Jackson County, Georgia
Records.
The debt secured by said
Deed to Secure Debt has
been and is hereby declared
due because of, among
other possible events of
default, non-payment of the
monthly installments on said
loan. The debt remaining in
default, this sale will be made
for the purpose of paying
the same and all expenses
of this sale, including attor
ney’s fees. Said property will
be sold subject to any out
standing ad valorem taxes,
special assessments, unpaid
utility bills constituting liens
against the property, and all
Deeds to Secure Debt, liens
and encumbrances existing
when the above-described
Deed to Secure Debt was
filed for record. To the best
of the undersigned’s knowl
edge, information and belief,
equitable title to this property
is held by SHARON LACY.
This property is located at 18
Eric Way, Bogart, GA 30622.
AMERICAN GENERAL
FINANCIAL SERVICES,
INC. as Attorney-in-Fact for
the above-named Grantor
AMERICAN GENERAL
FINANCIAL SERVICES,
INC.
by Robert W. Broome,
Attorney
1800 Peachtree Street,
NW Suite 445
Atlanta, Georgia 30309
#404-350-8349
(MY6,13,20,27B/1331-50P)
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Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia, County of Jackson
By virtue of the Power of
Sale contained a Security Deed
given by CECIL VANDYKE
to ARCADE HOMES, INC.,
dated September 17, 2008,
and recorded in Deed Book
53-H, Pages 108-111, Jackson
County, Georgia Records, in
the original principal amount of
THIRTY-THREE THOUSAND
AND NO/100 DOLLARS
($33,000.00), with interest
thereon as set forth therein,
there will be sold at public outcry
to the highest bidder for cash
before the Courthouse door of
Jackson County, Georgia, with
in the legal hours of sale on the
first Tuesday in June, 2009, the
following described property:
All that tract or parcel of land,
lying and being in the City of
Arcade, 242nd District, G.M.,
Jackson County, Georgia, and
being that 1.63 acres, more
or less, designated as Lot 31
on a plat of survey for Hidden
Oaks prepared by Venable &
Associates, Inc., Registered
Surveyors, dated February 5,
1987. Said plat is recorded in
Plat Book 22, Page 264, in the
Office of the Clerk of Superior
continued on following page