Newspaper Page Text
PAGE 16C
THE JACKSON HERALD
WEDNESDAY, JUNE 10, 2009
Public Notices Continued
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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 a Deed to Secure
Debt With Power of Sale from
DANIEL WESLEY WILSON
and CHADWICK JASON
BLACK to THE BRAND
BANKING COMPANY dated
October 14, 2004, and record
ed in Deed Book 36-L, Pages
706-708, 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 48J, Pages 308-
309, Jackson County Records,
there will be offered for sale
at public outcry to the high
est bidder for cash before
the Courthouse door of said
County during the legal hours
of sale on July 7, 2009, the fol
lowing described property:
All that tract or parcel of
land lying and being in GMD
255, Jackson County, Georgia,
being Lot 11, Block A,
Lakeview Glen Subdivision,
as per plat recorded in Plat
Book 57, Page 172, Jackson
County Records, which plat is
hereby referred to and made a
part of this description.
The aforesaid Deed secures
any other or future indebt
edness of the Grantors 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 thereof toward
expenses of sale, payment of
the indebtedness and inter
est 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
(JN10,17,24JU1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in a
Deed to Secure Debt given
by TERRANCE D. BOWIE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for ACE
MORTGAGE FUNDING
INCORPORATED, dated
June 23, 2006, and record
ed in Deed Book 44-N, Page
135, Jackson County, Georgia
Records, as last transferred to
Deutsche Bank National Trust
Company, as Trustee under
NovaStar Mortgage Funding
Trust, Series 2006-4 by assign
ment recorded in Deed Book
0053-H, Page 0425 in Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note of
even date in the original prin
cipal amount of $156,750.00,
with interest at the rate speci
fied therein, there will be sold
by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse
door of Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday
in July, 2009, to wit: July 7,
2009, the following described
property:
Parcel 052B-015A
A certain tract or parcel of
land in Jackson County, in the
State of Georgia, described as
follows:
All that tract or parcel of
land lying and being in the
257th G.M.D. of Jackson
County, Georgia, and being
designated as Lot 15, Block
A of Shepherds Crossing
Subdivision according to that
plat of survey recorded in Plat
Book 62, Page 47, Jackson
County, Georgia records,
which plat is incorporated
herein and made a part hereof
by reference.
This conveyance is subject
to all restrictions and ease
ments of record.
The debt secured by said
Deed to Secure Debt has been
and is hereby declared due
because of, among other pos
sible events of default, failure
to pay the indebtedness as
and when due and in the man
ner provided in the Note and
Deed to Secure Debt. The
debt remaining in default, this
sale will be made for the pur
pose of paying the same and
all expenses of this sale, as
provided in the Deed to Secure
Debt and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in posses
sion of the subject property
known as 331 Psalms Drive,
Jefferson, GA 30549 is (are):
Terrance D. Bowie 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 dis
closed 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, includ
ing, but not limited to, assess
ments, liens, encumbrances,
zoning ordinances, easements,
restrictions, 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 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 Under
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.
Deutsche Bank National
Trust Company, as Trustee
under NovaStar Mortgage
Funding Trust, Series 2006-4
as attorney in fact for Terrance
D. Bowie
Richard B. Maner, PC.
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.
FC08-463
(/N10,17,24JU1P4)
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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 Security Deed FROM
JAMES MROCZKOWSKI
AND MARY MROCZKOWSKI
(“BORROWER”) TO THE
Buckhead Community Bank
d/b/a The ALPHARETTA
COMMUNITY BANK
(“Lender”) dated September 9,
2005, and recorded in Deed
Book 40-0, Pages 352-359,
in the offices of the Clerk of
the Superior Court of Jackson
County, Georgia (the “Security
Deed”), conveying the after-
described property to secure a
Promissory Note in the princi
pal amount of Eighty Thousand
Fifty Seven and 35/100
($80,057.35) Dollars with inter
est thereon as set forth therein
(the “Note”), the undersigned,
pursuant to said Security
Deed has declared the entire
amount of said indebtedness
on the Note due and payable
because of default of payment
of the indebtedness. Further,
pursuant to that Power of Sale,
the undersigned will, on the
first Tuesday in July, 2009 dur
ing the legal hours of sale
before the Courthouse door in
Jackson County, Georgia, sell
at public outcry to the highest
bidder, for cash, the follow
ing property described in said
Security Deed:
All that tract or parcel of
land lying and being in the
245th and 248th District,
G.M., Jackson County,
Georgia, being Lot 39, Pod F,
Traditions of Braselton, as
per plat recorded in Plat Book
62, Page 269, in the office of
the Clerk of Superior Court
of Jackson County, Georgia
Records, which plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
TO HAVE AND TO HOLD
this property unto Lender
and Lender’s successors and
assigns, forever, together with
all the improvements now or
hereafter erected on the prop
erty, and all easements, appur
tenances, and fixtures now or
hereafter a part of the prop
erty. This Security Instrument
shall also cover all replace
ments and additions. All of
the foregoing is referred to in
this Security Instrument as the
“Property”.
The above-referenced
Property will be sold subject
to the following: all, if any,
outstanding ad valorem taxes
and/or assessments; all, if
any, other prior liens, ease
ments, covenants, restric
tions, encumbrances, zoning
ordinances or other matters of
record to which the Security
Deed is junior in priority; and
all, if any, matters affecting
said Property which would
be disclosed by an accurate
survey and inspection of said
Property. Said Property will
be sold as the Property of
James Mroczkowski and Mary
Mroczkowski and the proceeds
will be applied to the payment
of the described indebted
ness, attorney’s fees, and all
expenses of this sale. Any
remaining or surplus proceeds
will be applied pursuant to the
Security Deed and pursuant
to the laws of the State of
Georgia.
The above-referenced
Property will be sold on an
“as is, where is” basis without
recourse against Lender and
without representation or war
ranty of any kind or nature
whatsoever by Lender with
respect thereto.
To the best of the under
signed’s knowledge and belief,
the Property is presently
owned by James Mroczkowski
and Mary Mroczkowski, the
parties in possession or a ten
ant or tenants.
The Buckhead Community
Bank d/b/a The Alpharetta
Community Bank, as attorney-
in-fact for James Mroczkowski
and Mary Mroczkowski
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, PC.
One Premier Plaza
5605 Glenridge Drive, Suite
690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JN10,17,24, JU1P4)
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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 indebtedness
secured by a Real Estate
Deed to Secure Debt executed
by REGAN REED to CAPITAL
MORTGAGE CORPORATION
(as to 60% interest) and FIRST
FINANCIAL FUNDING, INC.
(as to 40% interest) dated
June 7, 2002, and recorded
in Deed Book 27-I, Page 746,
Jackson County, Georgia
records, securing a Note in
the original principal amount of
$70,000.00, 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 of July, 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 par
cel of land containing 5.15
acres, more or less, lying
and being in the State of
Georgia, Jackson County, City
of Commerce, known as the
G.L. Carson Tract, described
as follows: BEGINNING at an
iron pin on the Commerce and
Homer Road at the corner of
lands now or formerly of G. L.
Carson, Jr.; thence S 28 1/2 W
5.00 to an iron pin; thence S
68 3/4 W 2.83 to an iron pin;
thence N 66 W 5.38 to an iron
pin; thence N 27 E 7.67 to an
iron pin; thence S 60 E 7.35 to
the point of beginning as more
fully shown on a plat by R. G.
Nix dated March 18, 1927; and
as further designated as Tax
Parcel ID number C16-093.
Said property is known as
337 Homer Road, Commerce,
Georgia 30529, together with
all fixtures and personal prop
erty attached to and constitut
ing 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 Regan Reed,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being
presently in the possession of
Regan Reed, 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
Deed, and the balance, if any,
will be distributed as provided
by law.
Capital Mortgage
Corporation (as to 60%
interest) and First Financial
Funding, Inc. (as to 40% inter
est), Assignees, as Attorney-in
Fact for Regan Reed
File No. 75134-2
RALPH L. TAYLOR, III
BUCKLEY KING, L.P.A.*
219 Boulevard NE
Gainesville, GA 30501
770-831-7770
THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(fN 10,17,24,1U1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by B.H. HUMPHREY,
INC., Grantor, to PEOPLES
BANK & TRUST, Grantee,
dated DECEMBER 19, 2006,
said deed recorded in Jackson
County Deed Records at
Deed Book 46-W, Page 469,
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 July,
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 GM, Jackson County,
Georgia, being Lot 30, of
McCain Farms Subdivision
as per plat thereof recorded
in Plat Book 68, Page 167,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part hereof
by reference.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
protective or restrictive cove
nants, rights-of-way, and ease
ments; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters 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 B.H.
HUMPHREY, 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 under
signed will execute a deed
to the purchaser at said sale
as provided in the aforemen
tioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for B.H.
HUMPHREY, 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.
(fN 10,17,24,1U1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by B.H. HUMPHREY,
INC., Grantor, to PEOPLES
BANK & TRUST, Grantee,
dated DECEMBER 19, 2006,
said deed recorded in Jackson
County Deed Records at
Deed Book 46-W, Page 473,
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 July,
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 GM, Jackson County,
Georgia, being Lot 9, of
McCain Farms Subdivision
as per plat thereof recorded
in Plat Book 68, Page 168,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part hereof
by reference.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
protective or restrictive cove
nants, rights-of-way, and ease
ments; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters 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 B.H.
HUMPHREY, 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 under
signed will execute a deed
to the purchaser at said sale
as provided in the aforemen
tioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for B.H.
HUMPHREY, 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.
(JN10,17,24,JU1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by B.H. HUMPHREY,
INC., Grantor, to PEOPLES
BANK & TRUST, Grantee,
dated DECEMBER 19, 2006,
said deed recorded in Jackson
County Deed Records at
Deed Book 46-W, Page 465,
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 July,
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 GM, Jackson County,
Georgia, being Lot 6, of
McCain Farms Subdivision
as per plat thereof recorded
in Plat Book 68, Page 168,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part hereof
by reference.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
protective or restrictive cove
nants, rights-of-way, and ease
ments; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters 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 B.H.
HUMPHREY, 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 under
signed will execute a deed
to the purchaser at said sale
as provided in the aforemen
tioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for B.H.
HUMPHREY, 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.
(JN 10,17,24, fUlP4)
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Notice of Sale
Advertisement of Sale Under Power
of Sale in Deed to Secure Debt
State of Georgia County of Jackson
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt (hereinafter known as the
“Security Deed”) from BILLY
NORRIS to NORTHEAST
GEORGIA BANK (formerly
known as FREEDOM BANK
OF GEORGIA), dated August
20, 2007 and recorded on
August 21, 2007, in Deed
Book 49-V, Pages 66-69,
records of Jackson County,
Georgia. This Security Deed
secures a Note dated August
20, 2007, in the original prin
cipal amount of $727,500.00,
plus interest; there will be sold
by the undersigned at pub
lic outcry to the highest and
best bidder for cash before the
Courthouse door at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in July, 2009, the fol
lowing described property and
improvements, if any; to-wit:
LEGAL DESCRIPTION
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
Harrisburg District, Jackson
County, Georgia, and known
as part of the old home place of
the late C.W.G. Maddox, locat
ed three and one-half miles
East of Jefferson, Georgia.
Beginning in the center of Little
Curry Creek a few feet below
the bridge in the middle of
the old highway leading from
Jefferson to Nicholson; thence
N 69 1/2 E 1012 ft. to a point
in the middle of the new road;
thence N 76 1/2 E 1243 ft. to
an iron pin corner with Bartow
Glenn; thence S 3 1/4 W 250
ft. to an iron pin; thence S 22
1/2 W 1722 ft. to a post oak;
thence S 52 1/2 W 634 ft. to a
stake in the middle of the old
creek run; thence up to the
meanders of the old creek run
N 35 3/4 W 115 ft.; N 42 W 136
ft.; N 37 W 185 ft.; N 60 1/2 W
162 ft.; N 38 1/4 W 187 ft.; N
19 1/2 W 175 ft.; N 50 W 152
ft.; N 44 1/2 W 92 ft.; N 51 3/4
W 161 ft.; N 8 W 566 ft.; N 20
1/2 W 118 ft.; to the beginning
corner, containing 66.4 acres,
more or less which represents
all the land lying North - E
of Little curry Creek; as fully
described in a plat made by H.L.
Dunahoo, C.S., on December
23, 1944 which reference is
made for further description
which will be recorded in the
Clerk’s Office, Superior Court,
Jackson County, Georgia.
Ref.: 3-I, Page 408, 3-Q Page
278, Jackson County, Georgia
Records.
LESS AND EXCEPT THE
FOLLOWING TRACTS:
1. 1.00 acres, more or less,
conveyed to Melvin Green at
Deed Book 5-U, Page 405,
Jackson County, Georgia
Records.
2. 3.00 acres, more or less,
conveyed to Bobby V. Green
and Pamela B. Green at Deed
Book 6-K, Page 319, Jackson
County, Georgia Records.
3. 1.00 acres, more or less,
conveyed to Henry W. Williams
and Brenda P. William sat Deed
Book 6-L, Page 584, Jackson
County, Georgia Records.
4. 2.378 acres, more or less,
conveyed to Bruce Kesler at
Deed Book 6-0, page 170,
Jackson County, Georgia
Records.
5. 1.074 acres, more or less,
conveyed to David L. Morgan
at Deed Book 6-0, Page 233,
Jackson County, Georgia
Records.
6. That property conveyed
to Rocky Long at Deed Book
6-0, Page 326, Jackson
County, Georgia Records.
7. 2.01 acres, more or less,
conveyed to Clark Kesler at
continued on following page