Newspaper Page Text
WEDNESDAY, JUNE 10, 2009
THE JACKSON HERALD
PAGE 15C
Public Notices Continued
due, payable and collectible;
and, pursuant to the power of
sale contained in said Deed
to Secure Debt, will, on the
first Tuesday in July, 2009,
within the legal hours of sale
before the Courthouse door in
Jackson County, Georgia, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said Deed
to Secure Debt and Security
Agreement, to-wit:
All that tract or parcel of
land, with all improvements
thereon, situate, lying and
being in the 253rd (Newton)
District, G.M., Jackson
County, Georgia, in the City
of Nicholson, containing 0.631
acres, more or less, as more
particularly shown according to
a plat entitled “Survey for Tim
Brooks”, prepared by Ingram,
Lord & Associates, Registered
Surveyors, Barry D. Lord,
GRLS #2641, dated December
3, 1999, recorded in Plat Book
54, Page 167, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia,
said plat being incorporated
herein by reference thereto.
There is situate on said
tract a dwelling known as 337
Mulberry Street, Nicholson,
GA 30565, according to the
present system of numbering
in Jackson County, Georgia.
To the best of the under
signed’s information and belief,
the address of the property is:
337 Mulberry Street
Nicholson, Jackson
County, Georgia 30565
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale
and the Real Estate Deed to
Secure Debt, containing said
power.
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 confirmation and
audit of the status of the loan
with the holder of the security
deed.
Pursuantto 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 Linder
Power and other foreclosure
documents may not be provid
ed until final confirmation and
audit of the status of the loan
as provided in the preceding
paragraph.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
The National Bank of Georgia,
2234 W. Broad St., Athens,
Georgia 30606, (706) 355-
SI 22. However, the secured
creditor is not required to
negotiate, amend, or modify
the terms of the mortgage
instrument.
Said property is being sold
as the property of ROBERT
C. BURNS AND ALTON F.
BURNS, III and subject to all
unpaid taxes, assessments
and/or matters of record, if
any.
This 5th day of June, 2009.
THE NATIONAL BANK OF
GEORGIA as Attorney-In-Fact
for ROBERT C. BURNS AND
ALTON F. BURNS, III
FORTSON, BENTLEY AND
GRIFFIN, P.A.
2500 DAN I ELL’S BRIDGE
ROAD
BUILDING 200, SUITE 3A
ATHENS, GEORGIA 30606
(706) 548-1151
(JN10,17,24JU1B/1034-70P)
gpn11
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 that certain
Security Deed, dated March 17,
2005, executed by AUBREY
BRANDON MITCHELL to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., recorded in Deed Book
38-H, Page 796, Jackson
County, Georgia Deed
Records, and securing an
Note in the original princi
pal amount of $230,000.00,
said Security Deed and Note
having last been assigned
to Deutsche Bank Trust
Company Americas as Trustee
Residential Funding Company,
LLC FKA Residential Funding
Corporation Attorney in Fact,
the current holder thereof, the
current holder thereof, has
declared the entire amount of
said indebtedness evidenced
by the Note immediately due
and payable and, pursuant to
the power of sale contained
in said Security Deed, will, on
the first Tuesday in July, 2009,
to-wit: July 7, 2009, during the
legal hours of sale, before the
Jackson County Courthouse
door, sell at public outcry to
the highest bidder for cash,
the following described real
property:
All that tract or parcel of land
lying and being in the City of
Arcade, 245 G.M.D., Jackson
County, Georgia, and being
that 2.809 acres, more or less,
as more particularly shown on
a plat of survey prepared for
B.L. Williamson & Merle E.
Williamson by W. T. Dunahoo,
Registered Surveyor, dated
December 7, 2000, revised
May 29, 2001, recorded in
Plat Book 58, at Page 167,
in the Office of the Clerk of
Superior Court of Jackson
County, Georgia, and incorpo
rated herein and made a part
hereof by reference for a more
detailed description.
The aforedescribed real
property, is also known as 74
Lakeview Court, Jefferson,
Georgia 30549, according to
the present system of number
ing houses in Jackson County,
Georgia.
This 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 as to the amount and sta
tus of the loan with the holder
of the Security Deed, including
but not limited to, a determina
tion that the borrower has not
reinstated the loan prior to the
foreclosure sale.
Said real property will be
sold subject to any outstanding
ad valorem taxes (including
taxes which are a lien, but not
yet due and payable), the right
of redemption of any taxing
authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the real property, any assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of
record superior to the Security
Deed first set out above.
Upon information and belief,
said real property is present
ly in the possession or con
trol of AUBREY BRANDON
MITCHELL and the proceeds
of said sale will be applied to
the payment of said indebted
ness and all the expenses of
said sale, including attorney’s
fees, all as provided in said
Security Deed and the excess
proceeds, if any, will be distrib
uted as provided by law.
DEUTSCHE BANK TRUST
COMPANY AMERICAS AS
TRUSTEE RESIDENTIAL
FUNDING COMPANY, LLC
FKA RESIDENTIAL FUNDING
CORPORATION ATTORNEY
IN FACT, AS ATTORNEY-IN-
FACT FOR
AUBREY BRANDON
MITCHELL
David W. Adams, Esquire
Ellis, Painter, Ratterree &
Adams LLP
2 East Bryan Street, Suite
1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM
IS ATTEMPTING TO
COLLECT A DEBT ON
BEHALF OF THE ABOVE-
REFERENCED LENDER
AND ANY INFORMATION
WILL BE USED FOR THAT
PURPOSE.
(JN10,17,24,IU1B/ 132S-60T4P)
gpn11
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 ANDREW
STEVEN TOWNSEND to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated July 20, 2005, in the
amount of $213,000.00, and
recorded in Deed Book 39-U,
Page 560, Jackson County,
Georgia Records, as last trans
ferred to CitiMortgage, Inc. by
assignment, the undersigned,
CitiMortgage, Inc. 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 July,
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 1691
GMD District, Jackson County,
Georgia, being Lot 6, of Allen
Creek Farms Subdivision, said
Plat being recorded at Plat
Book 64, Page 105, Jackson
County, Georgia Records,
which said Plat is incorporated
herein and made a part hereof
by reference.
which has the property
address of 167 Allen Bridge
Road, Pendergrass, 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 Andrew Steven
Townsend 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.
CitiMortgage, Inc. Attorney
in Fact for Andrew Steven
Townsend
Anthony DeMarlo, Attorney/
smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-12016 A/A
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.
(JN10,17,24, JU1B/1325-50)
gpn11
Notice of Sale
Notice of Sate 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 0050K, 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 further modi
fied 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 HUNDRED THOUSAND
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 principal 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 prin
cipal 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 highest bidder for cash
between the legal hours for
sale before the Courthouse
door in Jackson County,
Georgia, on the first Tuesday
in July, 2009, the following
described land, improvements
and appurtenances (hereinaf
ter collectively referred to as
the “Premises”) to wit:
Parcel One:
All that tract or parcel of
land, together with all improve
ments 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 surveyed by Richard H.
Holcomb, Registered Surveyor,
which plat is recorded at Plat
Book 50, page 243, of the
Jackson County Records and
incorporated herein by ref
erence for a more complete
description thereof.
Parcel Two:
All that tract or parcel of
land, together with all improve
ments 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
reference and being more par
ticularly 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 sec
onds East 422.63 feet from a
nail in the centerline intersec
tion Brooks Road and Lanier
Road; running thence along the
eastern right-of-way of Brooks
Road North 01 degrees 57 min
utes 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 minutes
54 seconds East 381.09 feet to
a point; running thence North
05 degrees 45 minutes 37 sec
onds 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 min
utes 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 min
utes 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, min
utes 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; run
ning thence South 14 degrees
41 minutes 00 seconds East
354.60 feet to an iron pin
found at a fence corner; run
ning 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 improve
ments thereon, lying and
being in the 428th GM District,
Jackson County, Georgia, con
taining 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 (gravel) then
running north 02 degrees 01
minutes east 324.32 feet to a
point; thence north 01 degrees
44 minutes 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 northeast 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 elec
tric fixtures, radiators, heat
ers, engines and machinery,
boilers, ranges, elevators and
motors, plumbing and heating
fixtures, carpeting and other
floor coverings, fire extin
guishers and any other safety
equipment required by gov
ernmental regulation or law,
washers, dryers, water heat
ers, mirrors, mantels, air condi
tioning apparatus, refrigerating
plants, refrigerators, 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, fixtures,
machinery, equipment, appli
ances, vehicles, building sup
plies and materials, books and
records, chattels, inventory,
accounts, farm products, con
sumer goods, general intan
gibles and personal property of
every kind and nature whatso
ever 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, includ
ing all extensions, additions,
improvements, betterments,
after-acquired property, renew
als, replacements and substi
tutions, or proceeds from a
permitted sale of any of the
foregoing, and all the right, title
and interest of Grantor in any
such furnishings, furniture, fix
tures, machinery, equipment,
appliances, vehicles and per
sonal property subject to or
covered by any prior security
agreement, conditional sales
contract, chattel mortgage or
similar 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 here
after acquired by Grantor; and
all inventory, accounts, chat
tel paper, documents, equip
ment, fixtures, farm products,
consumer goods and general
intangibles constituting pro
ceeds acquired with cash pro
ceeds 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 persons claiming by,
through or under them, and
which shall be deemed to be
a portion of the security for the
indebtedness herein described
and to be secured by the
Security Deed. The location
of the above described col
lateral is also the location of
the Land.
Together with all easements,
rights-of-way, strips and gores
of land, vaults, streets, ways,
alleys, passages, 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, liber
ties, tenements, hereditaments
and appurtenances, reversion
and reversions, remainder and
remainders, whatsoever, in
any way belonging, relating or
appertaining to the Land or any
part thereof, or which hereafter
shall in any way belong, relate
or be appurtenant thereto,
whether now owned or hereaf
ter acquired by Grantor.
Together with all income,
rents, issues, profits and
revenues of the Land from
time to time accruing (includ
ing 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, possession,
claim and demand whatsoever
at law, as well as in equity,
or Grantor of, in and to the
same.
The indebtedness evidenced
by the Notes 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
collect attorneys’ fees having
been given), then to the pay
ment of all sums secured by
the Security Deed, and the
remainder, if any, will be paid
to the person or persons legal
ly entitled thereto, all as provid
ed in the Notes and Security
Deed. The Premises shall be
sold as the property of Grantor,
subject 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 ten
ants 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
(IN10,17,24,JU1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
By virtue of the power of
sale contained in a Deed to
Secure Debt from DANIEL
WESLEY WILSON and
CHADWICK JASON BLACK
to THE BRAND BANKING
COMPANY dated February 13,
2004, and recorded in Deed
Book 33-M, Pages 399-401, in
the deed records of the Clerk
of Superior Court, Jackson
County, Georgia, as modified
by that certain Modification
Agreement dated March 30,
2007, and recorded in Deed
Book 48-J, Pages 306-307,
Jackson County Records, there
will be offered for sale at public
outcry to the highest bidder for
cash before the Courthouse
door of said County during the
legal hours of sale on July 7,
2009, the following described
property:
All that tract or parcel of
land lying and being in the
City of Commerce, 255th
District, G.M., Jackson County,
Georgia, and being designated
as Lot 5 on a final plat of survey
prepared for Lakeview Glen
by Barry D. Lord, Registered
Surveyor, dated November 2,
2000, recorded in Plat Book
57, Page 172, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia
and incorporated herein and
made a part hereof by ref
erence for a more detailed
description.
Subject to Declaration of
Covenants, Restrictions and
Easements for Lakeview Glen
Subdivision as recorded at
Deed Book 23-K, Page 689,
Jackson County, Georgia
Records and First Amendment
to said Declaration of
Covenants as recorded at
Deed Book 23-U, Page 116,
Jackson County, Georgia
Records.
The aforesaid Deed secures
any other or future indebted
ness of the Grantors therein
specified, including any renew
al thereof.
The indebtedness secured
by said Deed has been
declared due and payable by
reason of default under the
provisions of said Deed and
the terms of the Note or Notes
secured thereby, and sale will
be made for the purpose of
applying the proceeds there
of toward expenses of sale,
payment of the indebtedness
and interest thereon, and any
balance remaining shall be
applied as provided by law.
The property will be sold as
the property of Daniel Wilson
and Chad Black, who, to the
best of the undersigned’s
knowledge and belief, are the
parties in possession of the
property.
Notice has been given of
intention to enforce provisions
for collection of attorneys’ fees
and expenses of foreclosure in
accordance with legal require
ments and the terms of the
above Note and Deed.
The property will be sold
subject to any and all unpaid
taxes, assessments, general
subdivision restrictions, and
other restrictions and ease
ments of record, if any.
THE BRAND BANKING
COMPANY, Attorney in Fact
for Daniel Wesley Wilson and
Chadwick Jason Black
Steven A. Pickens, Esq.
MAHAFFEY PICKENS
TUCKER, LLP
1550 North Brown Road
Suite 125
Lawrenceville, Georgia
30043
770-232-0000
(IN10,17,24,JU1P4)
continued on following page