Newspaper Page Text
WEDNESDAY, JUNE 17, 2009
THE JACKSON HERALD
PAGE 11D
Public Notices Continued
“Security Deed”); securing i)
that certain renewal Promissory
Note from Grantor to and in
favor of Lender dated March
28, 2008 in the original prin
cipal sum of TWO MILLION
ONE HUNDRED FORTY-FIVE
THOUSAND AND 00/100
DOLLARS ($2,145,000.00); ii)
that certain renewal Promissory
Note from CCD to and in favor
of Lender dated March 28,
2008 in the original princi
pal sum of TWO HUNDRED
THOUSAND AND 00/100
DOLLARS ($200,000.00); iii)
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 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 appurte
nances (hereinafter 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 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 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 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 minutes 54 seconds East
381.09 feet to a point; run
ning thence North 05 degrees
45 minutes 37 seconds East
166.65 feet to an iron pin cor
ner; 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 min
utes 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; 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 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 (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 min
utes 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, heaters,
engines and machinery, boilers,
ranges, elevators and motors,
plumbing and heating fixtures,
carpeting and other floor cover
ings, fire extinguishers and any
other safety equipment required
by governmental regulation or
law, washers, dryers, water
heaters, mirrors, mantels, air
conditioning apparatus, refrig
erating plants, refrigerators,
cooking apparatus and appur
tenances, window screens,
awnings and storm sashes,
which are owned by Grantor
and attached to said buildings,
structures or improvements
and all other furnishings, furni
ture, fixtures, machinery, equip
ment, appliances, vehicles,
building supplies and materi
als, books and records, chat
tels, inventory, accounts, farm
products, consumer goods,
general intangibles and per
sonal 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 connection with the use,
operation or enjoyment of the
Land, including all extensions,
additions, improvements, bet
terments, after-acquired prop
erty, renewals, replacements
and substitutions, 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,
fixtures, 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 rev
enues of the Land from time
to time accruing (including
without limitation all payments
under leases or tenancies,
proceeds of insurance, con
demnation 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 legally
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
(/N10,17,24JU1P4)
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 reference 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 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 sub
ject to any and all unpaid taxes,
assessments, general subdi
vision restrictions, and other
restrictions and easements 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,fUlP4)
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 With Power of Sale from
DAN I EL WESLEY WILSON and
CHADWICK JASON BLACK
to THE BRAND BANKING
COMPANY dated October 14,
2004, and recorded 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 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 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 sub
ject to any and all unpaid taxes,
assessments, general subdi
vision restrictions, and other
restrictions and easements 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,fUlP4)
gpn11
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 recorded in Deed
Book44-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 assignment
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 principal amount of
$156,750.00, with interest at
the rate specified therein, there
will be sold by the undersigned
at public outcry to the high
est 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 accord
ing to that plat of survey
recorded in Plat Book 62, Page
47, Jackson County, Georgia
records, which plat is incorpo
rated 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 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 331 Psalms Drive,
Jefferson, GA 30549 is (are):
Terrance D. Bowie or tenant or
tenants.
Said property will be sold
subject to (a) any outstand
ing 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.
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 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
(JN10,17,24JU1P4)
gpn11
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”), convey
ing the after-described property
to secure a Promissory Note in
the principal amount of Eighty
Thousand Fifty Seven and
35/100 ($80,057.35) Dollars
with interest thereon as set
forth therein (the “Note”), the
undersigned, pursuant to said
Security Deed has declared the
entire amount of said indebted
ness 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
during 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 description.
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, easements,
covenants, restrictions, encum
brances, 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 accu
rate 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 indebtedness,
attorney’s fees, and all expens
es of this sale. Any remain
ing 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 tenant 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.
(JN 10,17,24,JU1P4)
gpn11
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 indebt
edness 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
continued on following page