Newspaper Page Text
PAGE 8C
THE JACKSON HERALD
WEDNESDAY, SEPTEMBER 9, 2009
Public Notices Continued
ing, together with the Land the
“Property”).
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 attorneys’fees
as provided in the Note and
Security Deed, notice of inten
tion to collect attorneys’ fees
having been given as provided
by law, and the remainder, if
any, shall be applied as pro
vided by law.
Grantee reserves the right to
sell the Property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of Grantee’s
knowledge and belief, the
parties in possession of the
Property are Grantor and/or
tenants of Grantor or other
persons in possession with the
consent or acquiescence of
Grantor.
Said Property will be sold as
the property of Grantor subject
to all unpaid real estate ad
valorem taxes, governmental
assessments and related liens
and all prior restrictions, res
ervations, covenants, rights-
of-way, easements, encum
brances and other matters
of record, if any, appearing
of record prior to the date of
the Security Deed and those
appearing after the date of the
Security Deed and consented
to of record by Grantee.
BANK OF NORTH
GEORGIA, ATTORNEY-IN-
FACT FOR GAREN HOMES,
INC.
Taylor English Duma LLP
1600 Parkwood Circle, Suite
400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT TRACT or parcel
or land lying and being in GMD
248 of Jackson County, Georgia
being known and designated
as Lot H-50, POD H PHASE
1 of LINKS AT TRADITIONS
as shown on that certain sur
vey entitled “Final Plat for
Links at Traditions, Fairways
at Traditions and Woods at
Traditions”, said plat being filed
and recorded on February 24,
2005 at Plat Book 64, Pages
213 through 219, inclusive,
Jackson County, Georgia
Records, reference to said
plat of survey and the record
thereof being hereby made for
a more complete legal descrip
tion.
(.SE9,16,23,30P4)
gpnll
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 Construction Loan Deed
to Secure Debt and Security
Agreement from GAREN
HOMES, INC., a Georgia
corporation (“Grantor”), to
BANK OF NORTH GEORGIA,
a state banking associa
tion (“Grantee”), recorded
December 19, 2005, in Deed
Book 41-W, Page 395, Jackson
County, Georgia Superior
Court Records (said Deed
to Secure Debt as may have
been modified and assigned
from time to time, hereinafter
referred to collectively as the
“Security Deed”), said Security
Deed being given to secure
the payment of a Commercial
Promissory Note dated
December 9, 2005, made by
Grantor to the order of Grantee
in the original principal amount
of FIFTY-NINE THOUSAND
FOUR HUNDRED TWENTY-
SEVEN AND 00/100
DOLLARS ($59,427.00), as
last renewed by note dated
June 10, 2008, with interest
from the date thereof at the
rate specified therein, (said
notes, as renewed, modified
and assigned from time to time,
hereinafter referred to collec
tively as the “Note”), together
with all other amounts payable
by Grantor to Grantee, there
will be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse door at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday of October, 2009, the
following described property,
to-wit:
All that certain tract or par
cel of land (the “Land”) lying
and being in Jackson County,
Georgia and being more par
ticularly described on Exhibit
“A” attached hereto and incor
porated herein by this refer
ence.
TOGETHER with all build
ings, structures, and improve
ments erected on the Land;
all tenements, easements,
rights, appurtenances, rever
sions, remainders, rents, royal
ties, rights and profits to, from
and appertaining to, the land;
all minerals, oil, gas, water,
water rights, and water stock
rights to trees, crops, timber
and shrubs on the land; all
equipment, machinery, and
fixtures attached to the Land,
all of which, including replace
ments and additions thereto,
are deemed a part of the prop
erty covered by the Security
Deed; any and all awards or
payments, including inter
est thereon, and the right to
receive same, as a result of
the exercise of the right of con
demnation, eminent domain,
the alteration of the grade of
any street, or any other injury
to, taking of, or decrease, in
the value of any of the forego
ing property (all the forego
ing, together with the Land the
“Property”).
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 attorneys’fees
as provided in the Note and
Security Deed, notice of inten
tion to collect attorneys’ fees
having been given as provided
by law, and the remainder, if
any, shall be applied as pro
vided by law.
Grantee reserves the right to
sell the Property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of Grantee’s
knowledge and belief, the
parties in possession of the
Property are Grantor and/or
tenants of Grantor or other
persons in possession with the
consent or acquiescence of
Grantor.
Said Property will be sold as
the property of Grantor subject
to all unpaid real estate ad
valorem taxes, governmental
assessments and related liens
and all prior restrictions, res
ervations, covenants, rights-
of-way, easements, encum
brances and other matters
of record, if any, appearing
of record prior to the date of
the Security Deed and those
appearing after the date of the
Security Deed and consented
to of record by Grantee.
BANK OF NORTH
GEORGIA, ATTORNEY-IN-
FACT FOR GAREN HOMES,
INC.
Taylor English Duma LLP
1600 Parkwood Circle, Suite
400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT TRACT or par
cel or land lying and being in
GMD 248 of Jackson County,
Georgia, being known and
designated as Lot C-88, POD
C, PHASE 1 of LINKS AT
TRADITIONS as shown on that
certain survey entitled “Final
Plat for Links at Traditions,
Fairways at Traditions and
Woods at Traditions”, said
plat being filed and recorded
on February 24, 2005, at Plat
Book 64, Pages 213 through
219, inclusive, Jackson County,
Georgia Records, reference to
said plat of survey and the
record thereof being hereby
made for a more complete
legal description.
(SE9,16,23,30P4)
gpnll
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 HUA
XIONG and PANG YANG to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. acting solely as nomi
nee for WEBSTER BANK,
N.A., dated July 28, 2006,
recorded August 2, 2006, in
Deed Book 44-X, Pages 289-
304, Jackson County, Georgia
Records, said Security Deed
having been given to secure a
Note of even date in the origi
nal principal amount of ONE
HUNDRED EIGHTY-EIGHT
THOUSAND AND 00/100
DOLLARS ($188,000.00),
with interest thereon as pro
vided for therein, said Security
Deed having been last sold,
assigned and transferred to
BAC Home Loans Servicing,
LP f/k/a Countrywide Home
Loans Servicing, LP, 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 October,
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 in the
1765th GMD, Jackson County,
Georgia, designated as Lot
27, Block A, Keys Crossing as
shown on plat and survey of
1996, recorded in the office of
the Clerk of Superior Court of
Jackson County, Georgia, in
Plat Book 46, Page 298. For
a more detailed description to
said tract, reference is hereby
made to said plat as recorded.
Subject to existing easements
and rights of way for public
roads and utilities now in use.
Also subject to protective cov
enants for keys crossing sub
division as recorded in Deed
Book 14-R, Pages 470-471,
Jackson County Records.
Said property is commonly
known as 233 Keys Drive,
Braselton, GA 30517.
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 attorneys'
fees and all other payments
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 con
stitute liens upon said prop
erty; all restrictive covenants,
easements, rights-of-way and
any other matters of record
superior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Hua Xiong and
Pang Yang, Hua Xiong, Pang
Yang, 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.
BAC HOME LOANS
SERVICING, LP F/K/A
COUNTRYWIDE HOME
LOANS SERVICING, LP
as Attorney in Fact for HUA
XIONG AND PANG YANG
Lender Contact: BAC fka
CHL, Loss Mitigation Dept.,
7105 Corporate Drive, PTX-A-
274, Plano, TX 75024
TELEPHONE NUMBER:
800-669-6087
Attorney Contact:
Rubin Lublin Suarez Serrano,
LLC, 3740 Davinci Court, Suite
100, Norcross, GA 30092
TELEPHONE NUMBER:
(888) 890-5309
CASE NO. BAC-09-05301-
2
WWW.RUBINLUBLIN.
COM/PROPERTY-LISTINGS.
PHP
(SE9,16,23,30B/18915-60)
gpnll
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 Security Deed
executed by KONG HEE LEE
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated February 23,
2006, and recorded in
Deed Book 42-Y, Page 608,
Jackson County Records, said
Security Deed having been
last sold, assigned, trans
ferred and conveyed to U.S.
Bank, National Association as
trustee for WAMU Mortgage
Pass Through Certificate for
WMALT Series 2006-5 Trust,
by Assignment securing a Note
in the original principal amount
of $270,400.00, 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,
October 6, 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 parcel of
land lying and being in the
245 G.M.D., Jackson County,
Georgia, containing 6.153
acres, more or less, as shown
on plat and survey of Venable
& Associates, Inc., Surveyors,
dated May 7, 1996, recorded
in the Office of the Clerk of
Superior Court of Jackson
County, Georgia, in Plat Book
48, at Page 243. For a more
detailed description to said
tract, reference is hereby
made to said plat as recorded.
Subject to all existing ease
ments and rights of way for
public roads and utilities now
in use.
Said property is known
as 576 Mark Dodd Road,
Jefferson, GA 30549, togeth
er with all fixtures and personal
property attached to and con
stituting 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 Kong Hee Lee,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being
presently in the possession of
Kong Hee Lee and Ji Young
Eun, and the proceeds of said
sale will be applied to the pay
ment of said indebtedness and
all the expenses of said sale,
including attorney’s fees, all as
provided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
U.S. Bank, National
Association as trustee for
WAMU Mortgage PassThrough
Certificate for WMALT Series
2006-5 Trust as Attorney-in-
Fact for Kong Hee Lee , suc
cessor in title being Kong Hee
Lee and Ji Young Eun
File no. 08-009260
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors at
Law
2872 Woodcock Blvd., Suite
100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(SE9,16,23,30B/1323-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Under and by virtue of
the power of sale contained
in a Security Deed from
PLANSOUTH, INC. to UNITED
COMMUNITY BANK, dated
June 4, 2004, recorded June
7, 2004, in Deed Book 34-V,
Page 407, Jackson County,
Georgia Records, as last modi
fied by Modification of Security
Deed dated January 5, 2009,
recorded in Deed Book 54-U,
Page 152 and re-recorded in
Deed Book 55-L, Page 584,
Jackson County, Georgia
Records, said Security Deed
being given to secure a Note
from PLANSOUTH, INC.
dated January 29, 2009 in
the original principal amount
of TWO MILLION NINETEEN
THOUSAND FORTY FIVE
AND 57/100 ($2,019,045.57)
DOLLARS, with interest from
date at a rate per cent per
annum on the unpaid balance
until paid; there will be sold
by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse
door at Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday in
October, 2009, the following
described property:
All that tract or parcel of
land lying and being in the
255 G.M.D., Jackson County,
Georgia, designated as Tract
1 containing 26.43 acres, Tract
2 containing 4.032 acres, Tract
3 containing 1.343 acres, and
Tract 4 containing 1.366 acres,
and in the aggregate 33.171
acres, more or less, as shown
on plat and survey of Mark
Veal, RLS, dated May 26,
2004, recorded in the Office
of the Clerk of Superior Court
of Jackson County, Georgia, in
Plat Book 64, at Page 22. For
a more detailed description,
reference is hereby made to
said plat as recorded. Subject
to all existing easements and
rights of way for public roads
and utilities now in use.
Including Assignment of all
utility rights issued by Jackson
County and all related govern
mental agencies, assignment
of any permits and agreements
necessary to construct the
project, assignment of any and
all leases, subleases, tenan
cies now or hereafter covering
all or any part of the land and
improvements and all rents and
profits thereof, and assignment
of contract documents includ
ing but not limited to contracts
to sell real estate; whether any
of the foregoing is owned now
or acquired later; all accession,
additions, replacements, and
substitutions relating to any of
the foregoing; all records of
any kind relating to any of the
foregoing; all proceeds relat
ing to any of the foregoing
(including insurance, general
intangibles and accounts pro
ceeds).
LESS AND EXCEPT
QUITCLAIM DEEDS OF
RECORD.
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, failure to pay
the indebtedness as and when
due and in the manner provided
in the Note and Security Deed.
The debt remaining in default,
this sale will be made for the
purpose of paying the same
and all expenses of this sale,
as provided in the Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, ease
ments, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is PLANSOUTH, INC.
or a tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact for
PLANSOUTH, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01479
(SE9,16,23,30B/16022-70T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, Jackson County
By virtue of the power of
sale contained in that certain
Secu rity Deed from GWIN NETT
COMMUNITY BANK to
COCHRAN & KILGORE,
INC., dated January 13, 2006,
and recorded in Deed Book
42-G, Pages 53-56, Jackson
County, Georgia, Records,
Modification dated January 13,
2007, recorded in Deed Book
47- M, Pages 277-279, Jackson
County, Georgia Records,
Modification dated April 3,
2007, recorded in Deed Book
48- F, Pages 46-48, Jackson
County, Georgia Records,
Modification dated May 1,
2007, recorded in Deed Book
48-W, Pages 174-176, Jackson
County, Georgia Records,
Modification dated March 26,
2008, recorded in Deed Book
51Y, Pages 367-369, Jackson
County, Georgia Records,
and Modification dated May 1,
2008, recorded in Deed Book
52-M Pages 533-535, Jackson
County Georgia Records
Said Security Deed hav
ing been given to secure a
Note dated May 1, 2008, in
the original principal sum
OF ONE MILLION NINE
HUNDRED NINETY FIVE
THOUSAND FIVE DOLLARS
AND SIXTY-SEVEN CENTS
($1,995,005.67), as modified
pursuant to the subsequent
Modification Agreements,
with interest from date at
the rate stated in said Note
on the unpaid balance until
paid, there will be sold by the
undersigned at public outcry
to the highest bidder for cash
before the Courthouse door
at Jackson County, Georgia,
within the legal hours of sale
on the first Tuesday in October,
2009, the property described
on Exhibit “A” attached hereto
and incorporated herein by ref
erence. The debt secured by
said Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of the monthly install
ments on said loan. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, including
attorney’s fees. Said property
will be sold as the property of
COCHRAN & KILGORE, INC.,
subject to the outstanding ad
valorem taxes and/or assess
ments, if any, and all ease
ments, restrictions and zoning
ordinances and any matters of
record which may be superior
to this Security Deed.
GWINNETT COMMUNITY
BANK As Attorney-in-Fact for
COCHRAN & KILGORE, INC.
O’Kelley & Sorohan
Attorneys at Law, LLC
2170 Satellite Boulevard
Suite 375
Duluth, GA 30097
OS File #PE09013L
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
EXHIBIT A
56.409± Acres On Mount
Olive Road, Commerce,
Jackson County, Georgia
30529 0103.00
All that tract or parcel of
land lying and being in the
255th GMD, Jackson County,
Georgia, consisting of tract
one, containing 56.409 acres,
more or less, and being more
particularly described and
delineated according to a plat
of survey prepared by Ingram,
Lord And Associates, Inc., cer
tified by Barry D. Lord, Georgia
Registered Surveyor No. 2641,
dated July 6, 1999; said plat
being of record in the office
of the Clerk Of Superior Court
Of Jackson County, Georgia
in Plat Book 54, Page 129;
which said plat and the record
ing thereof are by reference
hereto incorporated herein for
a more complete and detailed
description.
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, Jackson County
By virtue of the power of
sale contained in that cer
tain Security Deed from
GWINNETT COMMUNITY
BANK to C & K JACKSON,
LLC, dated January 13, 2006,
and recorded in Deed Book
42-G, Pages 48-52, Jackson
County, Georgia Records,
Modification dated January 13,
2007, recorded in Deed Book
47-M, Pages 274-276, Jackson
County, Georgia Records,
Modification dated April 3,2007,
recorded in Deed Book 48-F,
Pages 43-45, Jackson County,
Georgia Records, Modification
dated May 1,2007, recorded in
Deed Book 48-W, Pages 171-
173, Jackson County, Georgia
Records, Modification dated
March 26, 2008, recorded in
Deed Book 51-Y, Pages 370-
372, Jackson County, Georgia
Records, and Modification
dated May 1, 2008, record
ed in Deed Book 52-L Pages
735-737, Jackson County
Georgia Records Security
Deed having been given to
secure a Note dated May 1,
2008, in the original principal
sum of ONE MILLION NINE
HUNDRED NINETY FIVE
THOUSAND FIVE DOLLARS
AND SIXTY-SEVEN CENTS
($1,995,005.67), as modified
pursuant to the subsequent
Modification Agreements,
with interest from date at
the rate stated in said Note
on the unpaid balance until
paid, there will be sold by the
undersigned at public outcry
to the highest bidder for cash
before the Courthouse door
at Jackson County, Georgia,
within the legal hours of sale
on the first Tuesday in October,
2009, the property described
on Exhibit “A” attached hereto
and incorporated herein by ref
erence. The debt secured by
said Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of the monthly install
ments on said loan. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney’s fees. Said prop
erty will be sold as the prop
erty of C & K JACKSON, LLC,
subject to the outstanding ad
valorem taxes and/or assess
ments, if any, and all ease
ments, restrictions and zoning
ordinances and any matters of
record which may be superior
to this Security Deed.
GWINNETT COMMUNITY
BANK As Attorney-in-Fact for
C & K JACKSON, LLC
O’Kelley & Sorohan
Attorneys at Law, LLC
continued on following page