Newspaper Page Text
WEDNESDAY, JULY 22, 2009
THE JACKSON HERALD
PAGE 13 C
Public Notices Continued
the undersigned, Mortgage
Electronic Registration
Systems, Inc. pursuant to said
deed and the 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 in August,
2009, during the legal hours of
sale, at the Courthouse door in
Jackson County, sell at public
outcry to the highest bidder for
cash, the property described
in said deed to-wit:
All that tract or parcel of land
lying and being in GMD 465
of Jackson County, Georgia,
being Lot 36 of Freeman
Place, as per plat recorded
in Plat Book 52, Page 151,
Jackson County, Georgia
Records, together with an
ingress/egress easement
along Freeman Drive.
which has the property
address of 207 Freeman
Drive, Maysville, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold as
the property of Alice M. Lewis
and the proceeds of said sale
will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Alice M.
Lewis
Anthony DeMarlo, Attorney/
kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16025 /FHLMC
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.
(JU8,15,22,29B/1325-50)
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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 indebted
ness evidenced by the Note
(as hereinafter described),
secured by a Real Estate
Deed to Secure Debt from
DANIEL W. WILSON (herein
after referred to as “Grantor”)
to MOUNTAIN VALLEY
COMMUNITY BANK, dated
March 2, 2007, filed for record
in Deed Book 0050-V, Page
738, in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia (hereinafter
called the “Security Deed”),
the undersigned, Mountain
Valley Community Bank, pur
suant to said Security Deed
and that certain Universal
Note dated October 30, 2008,
in the original principal amount
of $248,558.51 (hereinafter
referred to as the “Note”) has
declared the entire amount of
said indebtedness due and
payable. Therefore, pursuant
to and by virtue of the power of
sale contained in the Security
Deed, there will be sold by the
undersigned at public outcry to
the highest and best bidder for
cash before the Courthouse
door on the courthouse steps
at Jackson County, Georgia,
within the legal hours of sale
on the first Tuesday in August,
2009 the following described
property:
All that tract or parcel of
land lying and being in the
City of Jefferson, 245 G.M.D.,
Jackson County, Georgia,
composed of Tract No. 1
containing 0.61 acre, Tract
No. 2 containing 0.07 acre,
Tract No. 3 containing 0.04
acre and in the aggregate
0.72 acre, more or less, as
shown on plat and survey of
W.T. Dunahoo & Associates,
Inc., Surveyors, dated June
22, 1989, and recorded in the
Office of the Clerk of Superior
Court of Jackson County,
Georgia, in Plat Book 29 at
Page 265. Said plat is hereby
incorporated by reference for
a more particular description,
together with all fixtures and
personal property attached to
and constituting a part of said
property, and replacements
and additions.
TOGETHER WITH all of the
buildings, building materials,
fixtures and improvements on,
in and to the property and
all easements, rights, rents,
royalties, mineral, oil and
gas rights, profits and water
rights.
The indebtedness secured
by the Security Deed has
been and is hereby declared
due because of default under
the terms of said Note and
Security Deed. The indebted
ness remaining in default, the
sale will be made for the pur
pose of applying the proceeds
thereof to the payment of the
indebtedness secured by the
Security Deed, accrued inter
est and expenses of the sale,
and all other payments pro
vided for under the Security
Deed, including permitted
attorneys’ fees as provided in
the Note and Security Deed,
notice of intention to collect
attorneys’ fees and expenses
of the foreclosure having been
given as provided by law and
as provided by the terms of
the Security Deed; and the
remainder, if any, shall be
applied as provided by law.
To the best knowledge and
belief of the undersigned,
Daniel W. Wilson is in pos
session of said property. Said
property will be sold subject to
any prior restrictive covenants,
easements, rights-of-way,
valid zoning ordinances, mat
ters which would be disclosed
by an accurate survey of the
property or by an inspection
of the property, and any liens
or encumbrances superior to
the Security Deed first set out
above, and subject to all out
standing taxes, assessments,
and utility bills which may con
stitute a lien against said prop
erty, whether due and payable
or not yet due and payable.
Mountain Valley Community
Bank hereby notifies
Grantor that Mountain Valley
Community Bank remains the
holder of the security inter
est set forth in the Security
Deed. Grantor may commu
nicate with Mountain Valley
Community Bank by contact
ing Mr. Don Allison, Mountain
Valley Community Bank, 136
North Main Street, Cleveland,
Georgia 30528, or by tele
phone at (706) 348-6822. Mr.
Allison has full authority to
negotiate, amend, and modify
all terms of the Security Deed
with Grantor.
MOUNTAIN VALLEY
COMMUNITY BANK, as
Attorney-in-Fact for DANIEL
W. WILSON
Thomas E. Austin, Jr.,
Attorney for Mountain Valley
Community Bank
Thomas E. Austin, Jr., LLC
3490 Piedmont Road, N.E.
Suite 1005
Atlanta, Georgia 30305
(404) 814-3755
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JU8,15,22,29P4)
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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 certain
Deed to Secure Debt from
DOUBLE BRIDGES FARMS,
INC. to BRANCH BANKING
AND TRUST COMPANY, as
successor to MAIN STREET
BANK, dated August 30,
2005, and recorded in Deed
Book 40-S, Page 504,
Jackson County, Georgia
Records (hereinafter referred
to as “Deed to Secure Debt”),
said Deed to Secure Debt
securing a Promissory Note
(“Note”) in the original prin
cipal sum of FIVE MILLION
ONE HUNDRED FORTY
THOUSAND AND 00/100
DOLLARS ($5,140,000.00),
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, August 4, 2009,
the property described on
Exhibit “A” attached hereto
and incorporated 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 pos
sible 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 dis
closed by an accurate survey
and inspection of the prop
erty, any assessments, liens,
encumbrances, zoning ordi
nances, restrictions, ease
ments, covenants, and mat
ters 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 foreclo
sure sale contemplated by this
Notice.
To the best knowledge and
belief of the undersigned, the
Party in possession of the
property is Double Bridges
Farms, Inc. or a tenant or
tenants, and said property is
more commonly known as
PORTIONS OF HERITAGE
POINT SUBDIVISION,
JACKSON COUNTY,
GEORGIA. However, please
rely only on the legal descrip
tion contained in this notice for
the location of the property.
Please be advised that the
said legal description includes
plotted lots and other areas
and the undersigned reserves
the right to sell said lots and
other areas separately or
together.
Branch Banking and Trust
Company
Attorney in Fact for Double
Bridges Farms, Inc.
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 Georgia
Militia District 248, Jackson
County, Georgia and being
more particularly described as
follow:
BEGINNING at a 1/2 inch
rebar found located on the
westerly right of way of Georgia
Highway No. 124 (having an
apparent right of way of 100
feet) 902.20 southeasterly
from the intersection of said
right of way and the right of
way of Georgia Highway No.
332 (having an 80’ right of
way); running thence along
the right of way of Georgia
Highway No. 124 and the arc
of a radius curve having an arc
distance of 384.55 feet, a radi
us of 1689.18 feet with a chord
bearing South 46 degrees 52
minutes 09 seconds east a
chord distance of 383.72 to
a point; running thence along
the arc of a radius curve hav
ing an arc distance of 266.00
feet, a radius of 1722.70 feet,
with a chord bearing South
39 degrees, 24 minutes, 41
seconds east a chord distance
of 265.74 feet to an iron pin
found; leaving said right of
way running thence South 59
degrees 06 minutes 43 sec
onds west a distance of 234.19
feet to an iron pin found; run
thence South 35 degrees 09
minutes 24 seconds east a
distance of 152.43 feet to an
iron pin found; running thence
South 58 degrees 31 minutes
04 degrees 19.82 feet to an
iron pin found; running thence
South 38 degrees 50 minutes
30 seconds east a distance of
186.28 feet to a point; running
thence North 52 degrees 50
minutes 26 second east a dis
tance of 216.67 feet to an iron
pin found located on the right
of way of Georgia Highway
No. 124; running thence along
said right of way South 26
degrees 15 minutes 24 sec
onds east a distance of 60.81
feet to an iron pin set; leaving
said right of way and running
thence South 50 degrees 17
minutes 54 seconds west a
distance of 186.65 feet to an
iron pin set; running thence
South 53 degrees 47 minutes
32 seconds west a distance
of 91.70 feet to an iron pin
set; running thence South 39
degrees 43 minutes 54 sec
onds east a distance of 280.28
feet to an iron pin set; running
thence South 39 degrees 43
minutes 54 seconds east a
distance of 32.35 feet to an
iron pin set; running thence
South 47 degrees 44 minutes
09 seconds west a distance
of 494.75 feet to an iron pint
set; running thence South 18
degrees 21 minutes 53 sec
ond west a distance of 152.93
feet to an iron pin set; running
thence South 54 degrees 19
minutes 49 seconds west a
distance of 364.11 feet to an
iron pin set; running thence
South 16 degrees 23 minutes
16 second east a distance
of 251.69 feet to an iron pin
found; running thence South
47 degrees 47 minutes 08
second west a distance of
502.79 feet to an iron pin
found; running thence North
72 degrees 29 minutes 26
seconds west a distance of
1532.00 feet to centerline of
creek being the property line
(1485.34 feet to computed
traverse line with an iron pin
set 46.3 feet from centerline
of creek) property line runs
2110.00 feet northeast along
centerline of creek and tra
verse line commences at afor-
ereferenced iron pin set; run
ning thence North 29 degrees
03 minutes 58 seconds east
a distance of 232.86 feet to
a point; running thence North
24 degrees 15 minutes 17
seconds east a distance of
279.91 feet; running thence
North 22 degrees 42 minutes
00 seconds east a distance
of 263.31 feet; running thence
North 49 degrees 29 minutes
16 seconds east a distance
of 308.98 feet; running thence
north 46 degrees 09 minutes
17 seconds east a distance of
349.02 feet to a point running
thence North 49 degrees 32
minutes 11 seconds east a
distance of 354.82 feet and the
end of said traverse line; run
ning thence North 47 degrees
56 minutes 26 seconds east
a distance of 975.71 feet
to a 1/2 inch rebar and the
POINT OF BEGINNING; said
property being Tract One hav
ing 74.064 acres to center-
line of creed (72.495 acres
to traverse) according to that
certain boundary survey for
Victor Tract - S.R. 124 by
Development Consulting
Group, Donald G. Holland,
G.R.L.S. No. 2637, dated
February 12, 2004.
LESS AND EXCEPT:
ALL that tract or parcel
of land, lying and being in
G.M.D. 248, Jackson County,
Georgia, containing 4.064
acres of land, more or less,
and being more particularly
described as follows:
Beginning at a point at the
intersection of the centerline
of Georgia Highway No. 332
and the southwesterly margin
of the 100-foot right-of-way
of Georgia Highway No. 124;
thence along the southwester
ly margin of the 100-foot right-
of-way of Georgia Highway
No. 124 1082.1 feet in a south
easterly direction to an iron
pin, being the TRUE POINT
OF BEGINNING; thence con
tinuing along the margin of
said right-of-way 244.59 feet
along the arc of a curve to
the right having a radius of
1689.18 feet, chord distance
of 244.38 feet and chord bear
ing of South 44 degrees 29
minutes 43 seconds East to
an iron pin; thence continuing
along said right-of-way 215.82
feet along the arc of a curve
to the right having a radius of
1722.70 feet, chord distance
of 215.68 feet and chord bear
ing of South 40 degrees 14
minutes 46 seconds East to
an iron pin; thence depart
ing said right-of-way South
59 degrees 06 minutes 43
seconds West, 221.24 feet
to an iron pin; thence North
68 degrees 40 minutes 26
seconds West, 83.24 feet to
an iron pin; thence North 47
degrees 01 minutes 43 sec
onds West, 179.66 feet to an
iron pin; thence 150.91 feet
along the arc of a curve to
the right having a radius of
240.00 feet, chord distance of
148.43 feet and chord bearing
of North 35 degrees 47 min
utes 56 second East to an iron
pin; thence North 53 degrees
48 minutes 43 seconds East,
136.45 feet to an iron pin;
thence 63.37 feet along the
arc of a curve to the left having
a radius of 240.00 feet, chord
distance 63.18 feet and chord
bearing of North 46 degrees
14 minutes 53 seconds East
to an iron pin; thence North 38
degrees 41 minutes 04 sec
onds East, 74.08 feet to an iron
pin; thence North 84 degrees
46 minutes 28 seconds East,
41.64 feet to the TRUE POINT
OF BEGINNING.
LESS AND EXCEPT:
All that tract or parcel of land
lying and being in Randolph’s
General Militia District No.
248 of Jackson County,
Georgia, being more particu
larly described as Block “B”,
Lots 64-75, Inclusive, Block
“C”, Lots 31-56, Inclusive
and Block “C”, Lots 58-59 on
that Final Plat for Heritage
Point at Plat Book 66, Page
180, Office of the Clerk of
the Superior Court of Jackson
County, Georgia.
LESS AND EXCEPT:
All that tract or parcel of land
lying and being in Randolph’s
General Militia District No. 248
of Jackson County, Georgia,
being Lot 62, Block B, Final
Plat for Heritage Point, as per
plat recorded in Plat Book 66,
page 180, Jackson County
Records, said plat being incor
porated herein by reference
thereto.
LESS AND EXCEPT:
All that tract or parcel of
land lying and being in GMD
248, Jackson County, Georgia
being Lots 7, 8, 12, Block B,
and Lot 20, Block C, Heritage
Point Subdivision, as per
plat recorded in Plat Book
66, Pages 180-182, Jackson
County, Georgia Records,
which plat is incorporated
herein and made a part of this
description.
(JU8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of a Power of
Sale contained in that cer
tain Security Deed from
LYLE J. FORSTER and
MURIELLE GLASER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nominee
for COUNTRYWIDE BANK,
A DIVISION OF TREASURY
BANK, N.A., dated May 13,
2005, recorded May 24, 2005,
in Deed Book 38-Y, Pages 506-
524, Jackson County, Georgia
Records, said Security Deed
having been given to secure
a Note of even date in the
original principal amount of
ONE HUNDRED SIXTY-
FOUR THOUSAND EIGHT
HUNDRED FIVE AND 00/100
DOLLARS ($164,805.00),
with interest thereon as
provided for therein, said
Security Deed having been
last sold, assigned and trans
ferred to Bank Of America,
NA, Successor By Merger To
Countrywide Bank, FSB, there
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 in August,
2009, all property described in
said Security Deed including
but not limited to the following
described property:
All that tract or parcel of land
lying and being I G.M.D. 1691,
Jackson County, Georgia,
being Lot 2 of Allen Creek
Farms Subdivision, said
plat being recorded at Plat
Book 64, Page 105, Jackson
County, Georgia Records,
which said plat is incorporated
and made a part hereof by
reference.
Said property is commonly
known as 55 Allen Bridge
Road, Pendergrass, GA
30575.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due because of default under
the terms of said Security
Deed 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 purpose of
paying the same, all expenses
of the sale, including attor
neys' fees and all other pay
ments provided for under the
terms of the Security Deed
and Note.
Said property will be sold
subject to the following items
which may affect the title to
said property: all 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 constitute
liens upon said property; all
restrictive covenants, ease
ments, rights-of-way and any
other matters of record supe
rior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Lyle J. Forster and
Murielle Glaser, or tenants(s).
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the Security
Deed.
THE ABOVE
LAW
FIRM
IS ACTING AS A
DEBT
COLLECTOR.
ANY
INFORMATION
OBTAINED
WILL BE USED
FOR
THAT
PURPOSE.
BANK OF AMERICA, NA,
SUCCESSOR BY MERGER
TO COUNTRYWIDE BANK,
FSB as Attorney in Fact for
LYLE J. FORSTER AND
MURIELLE GLASER
Lender Contact: BAC,
Loss Mitigation Dept., 7105
Corporate Drive, PTX-A-274,
Plano, TX 75024
TELEPHONE NUMBER:
800-669-6087
Attorney Contact: Rubin
Lublin, LLC, 3740 Davinci
Court, Suite 100, Norcross,
GA 30092
TELEPHONE NUMBER:
(888) 890-5309
CASE NO.
B AC-09-30428-1
WWW.RUBINLUBLIN.
COM/PROPERTY-LISTINGS.
PHP
(JU8,15,22,29B/1891S-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed
by STEVEN RUCKER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated March 28, 2008, in
the amount of $81,900.00, and
recorded in Deed Book 51-Y,
Page 692, Jackson County,
Georgia Records, as last trans
ferred to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc.
pursuant to said deed and
the note thereby secured, has
declared the entire amount of
said indebtedness due and
payable and pursuant to the
power of sale contained in said
deed, will on the first Tuesday
in August, 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 the
City of Jefferson in the 245th
GMD of Jackson County,
Georgia, being Lot 5, Glenfield
Subdivision, as per plat record
ed in Plat Book 64, Page 211,
Jackson County Records, said
plat being incorporated herein
by reference thereto.
which has the property
address of 158 Glenfield Dr.,
Jefferson, Georgia, together
with all fixtures and other per
sonal property conveyed 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 Steven Rucker
and the proceeds of said sale
will be applied to the pay
ment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for
Steven Rucker
Anthony DeMarlo, Attorney/
ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-13644 /FNMA
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
AND IS ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(JU8,15,22,29B/1325-50)
gpnll
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 a Security
Deed executed by JENNIFER
ELAINE WILKERSON and
KEVIN LEON WILKERSON
to BAYROCK MORTGAGE
CORP., dated May 28, 2004,
and recorded in Deed Book
34-T, Page 585, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to The Bank of New York
Mellon, fka The Bank of New
York as Successor in interest
to JP Morgan Chase Bank
NA as Trustee for Structured
Asset Mortgage Investments
II Inc. Bear Stearns ALT-A
Trust 2004-8, Mortgage Pass-
Through Certificates, Series
2004-8, by Assignment secur
ing a Note in the original prin
cipal amount of $101,600.00,
the holder thereof pursuant
to said Deed and Note there
by secured has declared the
entire amount of said indebt
edness due and payable and,
pursuant to the power of sale
continued on following page