Newspaper Page Text
WEDNESDAY, SEPTEMBER 9, 2009
THE JACKSON HERALD
PAGE 9C
Public Notices Continued
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
All that tract or parcel of
land lying and being in GMD
248, Jackson County, Georgia,
as shown and delineated as
50.908 acres, more or less,
on plat of survey for Cochran
And Kilgore, Inc. by Apalachee
Land Surveying, Inc. dated
December 14, 2005, and being
more particularly described as
follows:
Beginning at an iron pin at
a point on the northern right of
way of Jackson Trail Road (80
foot right of way), said pin being
713.15 feet east, as measured
along said right of way, from
the intersection of said right
of way and the eastern right
of way of Jackson Park Drive
(50 foot right of way) ; thence
running north 81 degrees 43
minutes 26 seconds west, a
distance of 244.98 feet, to an
iron pin at the corner of lot 7,
Jackson Park Subdivision (the
next fifteen calls and distances
being along the line of Jackson
Park Subdivision); thence run
ning north 16 degrees 10 min
utes 49 seconds east, a dis
tance of 599.08 feet, to an iron
pin; thence running north 17
degrees 56 minutes 28 sec
onds east, a distance of 84.96
feet, to an iron pin; thence
running north 17 degrees 38
minutes and 50 seconds east
a distance of 124.94 feet, to
an iron pin, thence running
north 17 degrees 34 minutes
46 seconds east, a distance
of 124.99 feet, to an iron
pin; thence running north 17
degrees 38 degrees 03 sec
onds east, a distance of 125.03
feet, to an iron pin, thence
running north 17 degrees 26
minutes 40 seconds east, a
distance of 125.16 feet, to an
iron pin, thence running north
17 degrees 52 minutes 04 sec
onds east, a distance of 124.59
feet, to an iron pin, thence
running north 17 degrees 26
minutes 22 seconds east, a
distance of 73.18 feet, to an
iron pin; thence running north
17 degrees 26 minutes 22 sec
onds east, a distance of 52.09
feet, to an iron pin, thence
running north 17 degrees 42
minutes 16 seconds east, a
distance of 124.97 feet to an
iron pin; thence running north
17 degrees 36 minutes 32 sec
onds east, a distance of 124.92
feet; to an iron pin; thence
running north 17 degrees 22
minutes 46 seconds east, a
distance of 125.28 feet, to an
iron pin, thence running north
17 degrees 31 minutes 54 sec
onds east, a distance of 109.91
feet, to an iron pin; thence
running north 17 degrees 55
minutes 20 seconds east, a
distance 155.50 feet, to an iron
pin, thence running north 18
degrees 16 minutes 06 sec
onds east, a distance of 635.00
feet, to an iron pin at a corner
with lot s-139 of Traditions Of
Braselton, Phase 2, thence
running south 34 degrees 53
minutes 17 seconds east
along said subdivision, a dis
tance of 666.69 feet, to an iron
pin; thence running south 87
degrees 27 minutes 39 sec
onds east along said subdivi
sion, a distance of 597.83 feet,
to an iron pin, thence running
south 10 degrees 03 minutes
38 seconds west along, now
or formerly , Stovall, a dis
tance of 504.50 feet, to an iron
pin, thence running south 72
degrees 47 minutes 18 sec
onds east along, now or former
ly, Stovall a distance of 317.67
feet, to an iron pin; thence
running south 51 degrees
o4 minutes 18 seconds east
along, now or formerly, Stovall,
a distance of 99.45 feet, to
an iron pin; thence running
south 35 degrees 05 minutes
39 seconds west along, now
or formerly, Martin, a dis
tance of 80.00 feet, to an iron
pin; thence running north 54
degrees 38 minutes 54 seconds
west along, now or formerly,
Lopez, a distance of 242.54
feet, to an iron pin; thence
running south 48 degrees
57 minutes 00 seconds west
along, now or formerly, Lopez,
a distance of 714.88 feet, to
an iron pin; thence running
south 06 degrees 04 minutes
32 seconds east along, now
or formerly, Lopez, a distance
of 300.08 feet, to an iron pin
on the northern right of way
of Jackson Trail Road (80 foot
right of way); thence running
southwesterly along said right
of way, following the curva
ture thereof, along the arc of
a curve to the left, said curve
having a radius of 724.58 feet,
a distance of 174.56 feet, to a
point, said point being south
76 degrees 22 minutes 43
seconds west, a distance of
174.13 feet, from the previous
iron pin; thence running south
westerly along said right of way,
following the curvature thereof,
along the arc of a curve to the
left, said curve having a radius
of 870.82 feet, a distance of
215.61 feet, to an iron pin, said
pin being south 60 degrees 14
minutes 02 seconds west, a
distance of 215.06 feet, from
the previous point; thence run
ning southwesterly along said
right of way, following the cur
vature thereof, along the arc of
a curve to the left, said curve
having a radius of 870.82 feet,
a distance of 11.78 feet, to a
point, said point being south
52 degrees 45 minutes 12
seconds west, a distance of
1.78 feet, from the previous
iron pin; thence running south
53 degrees 20 minutes 26
seconds west along said right
of way, a distance of 96.75
feet, to an iron pin; thence
running south 49 degrees
05 minutes 02 seconds west
along said right of way, a dis
tance of 107.27 feet, to an iron
pin; thence running south 51
degrees 43 minutes 15 sec
onds west along said right of
way, a distance of 402.65 feet,
to an iron pin; thence running
south 51 degrees 43 minutes
15 seconds west along said
right of way, a distance of 78.62
feet, to an iron pin; thence run
ning southwesterly along said
right of way, following the cur
vature thereof, along the arc of
a curve to the right, said curve
having a radius of 492.00 feet,
a distance of 195.68 feet, to
an iron pin, said pin being
south 65 degrees 22 minutes
02 seconds west, a distance
of 194.40 feet, from the previ
ous pin, and being the place or
point of beginning.
LESS AND EXCEPT: All
that tract or parcel of land
lying and being in GMD 248,
Jackson County, Georgia, as
shown and delineated as Tract
4, being 1.064 acres, more or
less, and shown as cemetary,
on plat of survey for Cochran
And Kilgore, Inc. by Apalachee
Land Surveying, Inc. dated
December 14, 2005, and being
more particularly described as
follows:
To find the true point of
beginning, begin at an iron pin
at a point on the northern right
of way of Jackson Trail Road
(80 foot right of way), said
pin being 713.15 feet east,
as measured along said right
of way, from the intersection
of said right of way and the
eastern right of way of Jackson
Park Drive (50 foot right of
way); thence proceed north
easterly along said right of way,
following the curvature thereof,
along the arc of a curve to the
left, said curve having a radius
of 492.00 feet, a distance of
195.68 feet, to a point, said
point being north 65 degrees
22 minutes 02 seconds east,
a distance of 194.40 feet, from
the previous iron pin; thence
proceed north 51 degrees
43 minutes 15 seconds east
along said right of way, a dis
tance of 78.62 feet, to an iron
pin, thence proceed north 51
degrees 43 minutes 15 sec
onds east along said right of
way, a distance of 402.65 feet,
to an iron pin; thence leav
ing said right of way and pro
ceeding north 01 degrees 48
minutes 21 seconds east, a
distance of 83.11 feet, to an
iron pin; thence proceed north
01 degrees 51 minutes 40 sec
onds east, a distance of 189.40
feet, to an iron pin; thence pro
ceed north 08 degrees 48 min
utes 37 seconds west, along a
distance of 182.46 feet, to an
iron pin, thence proceed north
25 degrees 49 minutes 07 sec
onds west, a distance of 146.93
feet, to an iron pin; thence
proceed north 08 degrees 09
minutes 25 seconds west, a
distance of 117.12 feet, to an
iron pin; thence proceed north
13 degrees 33 minutes 39 sec
onds east, a distance of 103.04
feet, to an iron pin; thence
proceed north 32 degrees 06
minutes 15 seconds east, a
distance of 45.26 feet, to a
concrete monument, the place
or point of beginning; thence
running north 69 degrees 30
minutes 28 seconds west, a
distance of 211.65 feet, to a
concrete monument; thence
running north 22 degrees 07
minutes 24 seconds east, a
distance of 217.35 feet, to a
concrete monument; thence
running 69 degrees 21 minutes
48 seconds east, a distance
of 215.53 feet, to a concrete
monument; thence running
south 23 degrees 09 minutes
05 seconds west, a distance
of 216.95 feet, to a concrete
monument, the place or point
of beginning.
(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 certain Deed
to Secure Debt dated October
15, 2008 from SUTHERLAND
FARMS, INC. (“Grantor”) to
FIRST CITIZENS BANK
OF GEORGIA (“Grantee”),
recorded in Deed Book 0053-
L, Pages 652-654, Jackson
County, Georgia Superior Court
Records, as modified by that
certain Modification of Deed
to Secure Debt dated May 12,
2009, from Grantor to Grantee,
recorded in Deed Book 0055H,
Pages 0030-0033, aforesaid
records (the Deed to Secure
Debt, as may have been modi
fied and assigned from time
to time, hereinafter referred to
as the “Security Deed”), said
Security Deed being given
to secure the payment of a
note dated October 15, 2008,
made by Grantor to the order
of Grantee, IN THE ORIGINAL
PRINCIPAL AMOUNT OF
TWO HUNDRED FORTY
THOUSAND AND NO/100
DOLLARS ($240,000.00),
with interest from the date
thereof at the rate specified
therein (said note, as trans
ferred, assigned, modified and
renewed from time to time,
hereinafter collectively referred
to 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
property described as follows
(the “Land”).
All that tract or parcel of land,
lying and being in the 445th
G.M.D. of Jackson County,
Georgia, located on the
Northeasterly side of Harmony
Church Road, containing 5.49
acres according to a plat of sur
vey prepared by Henry Grady
Jarrard, Registered Surveyor,
dated July 12, 1990, revised
November 2, 1990, recorded
in Plat Book 34, page 224,
Jackson County, Georgia Plat
Records. This is the same
property more particularly
described in a survey prepared
for George and Martha Bryant
by Henry Grady Jarrard, dated
July 12, 1990, last revised
June 15, 1995, and incorporat
ed herein by reference. Said
plats and the records thereof
are herein incorporated for a
full and complete legal descrip
tion.
The Land and all of the fore
going are referred to herein as
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 including, but not limited,
to the failure to make pay
ments thereunder when due.
The indebtedness remaining in
default, the sale will be made
for the purpose of applying
the proceeds thereof to the
payment of the indebtedness
secured by the Security Deed,
accrued interest and expens
es of the sale and all other
payments provided for under
the Security Deed, including
attorneys’ fees as provided in
the Note and Security Deed,
notice of intention to collect
attorneys’ fees having been
given as provided by law; and
the remainder, if any, shall be
applied as provided 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, the party in posses
sion of the Property is a tenant
subject to a lease agreement
between it and Grantor, which
is subordinate to the Security
Deed. Said Property will be
sold as the property of Grantor
subject to all unpaid real estate
ad valorem taxes, governmen
tal assessments and related
liens and all prior restrictions,
rights of way, and easements
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.
The notice requirements of
O.C.G.A. § 44-14-162.2 are
inapplicable due to the non-
residential character of the
Property, as excepted by
O.C.G.A. § 44-14-162.3.
FIRST CITIZENS BANK OF
GEORGIA, AS ATTORNEY-
IN-FACT FOR SUTHERLAND
FARMS, INC.
BRYAN CAVE LLP
Gerald L. Blanchard, Esq.
One Atlantic Center
Fourteenth Floor
1201 West Peachtree Street,
NW
Atlanta, GA 30309-3488
(404) 572-6804
6014810
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice 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 SCOTT
DENTON to NORTHEAST
GEORGIA BANK (f/k/a
Freedom Bank of Georgia) a
Deed to Secure Debt dated
September 7, 2006, and
recorded on September 11,
2006, in Deed Book 45-L,
Pages 114-116, records of
Jackson County, Georgia. This
Security Deed secures a Note
dated November 3, 2008, in
the original principal amount
of $200,037.74, plus interest;
there will be sold by the under
signed at public outcry to the
highest and best bidderfor 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 and improvements, if
any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
255th District, G.M., Jackson
County, Georgia, and being
that 3.542 acres, more or less,
designated as Tract 4, as more
particularly shown on a plat
of survey prepared for Sandy
Creek Estates by Paul E.
Borders, Registered Surveyor,
dated March 9, 1993, recorded
in Plat Book 35, Page 234,
in the Office of the Clerk of
the Superior court of Jackson
County, Georgia and incorpo
rated herein and made a part
hereof by reference for a more
detailed description.
ALSO:
All that tract or parcel of land
lying and being in the 255th
District, G.M., Jackson County,
Georgia, designated as Lot
5 of Sandy Creek Estates
Subdivision, encompassing
4.438 acres, more or less, as
shown on a plat of survey
entitled “Survey for David P.
Peters”, prepared by Borders
and Associates, certified by
Paul E. Borders, Georgia
Registered Surveyor No. 1995,
dated July 25, 1997 and being
of record in the Office of the
Clerk of the Superior Court
for Jackson County, Georgia
in Plat Book 51, Page 114,
which said plat and the record
ing thereof are by reference
incorporated herein for a more
complete and detailed descrip
tion.
Together with all fixtures
and equipment located at
217 Sandy Creek Road,
Commerce, Jackson County,
Georgia.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of 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. (Notice of
intent to collect attorneys fees
having been given.)
Said property will be sold as
the property of Scott Denton
(a/k/a Charles Scott Denton)
and subject to the outstand
ing ad valorem taxes and/or
assignments if any, and further
subject to the outstanding bal
ances of all liens superior to
the Security Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by Scott Denton
(a/k/a Charles Scott Denton).
NORTHEAST GEORGIA
BANK (f/k/a Freedom Bank
of Georgia) As Attorney-in-
fact for: Scott Denton (a/k/a
Charles Scott Denton)
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power of Sale in Deed
to Secure Debt
State of Georgia, County of Jackson 1
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt (hereinafter known
as the “Security Deed”)
from JEFFERY A. DAVIS to
NORTHEAST GEORGIA
BANK (f/k/a Freedom Bank of
Georgia) dated February April
26, 2006, and recorded on
May 22, 2006, in Deed Book
43-Y, Pages 221-225, records
of Jackson County, Georgia.
This Security Deed secures a
Note dated January 2, 2008,
in the original principal amount
of $128,000.00, plus interest;
there will be sold by the under
signed at public 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 October,
2009, the following described
property and improvements, if
any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land,
together with all improvements
thereon, situate, lying and being
in the 1691st G.M.D., Jackson
County, Georgia, and being
known and designated as Lot
10-B, Banyon Creek Estates,
containing 6.90 acres, more or
less, as shown on plat and sur
vey of Phillips Land Surveying,
Tommy J. Phillips, Registered
Land Surveyor No. 1626, dated
February 15, 2000, revised
June 1, 2001, recorded in the
Office of the Clerk of Superior
Court of Jackson County, GA,
in Plat Book 58, Page 225. For
a more detailed description to
said tract, reference is hereby
made to said plat as recorded.
Subject to Protective
Covenants recorded at Deed
Book 9-Y, Page 194, Jackson
County records, easements
of record, and existing ease
ments and rights-of-way for
public roads and utilities now
in use.
Together with one 1996
Horton Homes double
wide mobile home VIN
#H118567GLR.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of 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. (Notice of
intent to collect attorneys fees
having been given.)
Said property will be sold as
the property of Jeffery A. Davis
and subject to the outstand
ing ad valorem taxes and/or
assignments if any, and further
subject to the outstanding bal
ances of all liens superior to
the Security Deed, if any.
To the best knowledge and
belief of the undersigned, equi
table title to said property is
now held by Jeffery A. Davis.
NORTHEAST GEORGIA
BANK (f/k/a Freedom Bank of
Georgia) As Attorney-in-fact
for: Jeffery A. Davis
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice 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
THOMAS D. DIMITROFF
to NORTHEAST GEORGIA
BANK (f/k/a Freedom Bank of
Georgia) a Deed to Secure
Debt and Security Agreement
dated September 18, 2007,
and recorded on September
26, 2007, in Deed Book 50-F,
Pages 283-288, records of
Jackson County, Georgia. This
Security Deed secures a Note
dated July 11, 2008, in the
original principal amount of
$280,250.00, plus interest; the
Note is further secured by UCC
Financing Statement in favor of
the Bank filed and recorded on
September 26, 2007 in Deed
Book 50-F, Pages 280-281 and
filed as Seq. No. 07820070942,
records of Jackson County,
Georgia; 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 October, 2009, the
following described property
and improvements, if any; to-
wit:
LEGAL DESCRIPTION
All that tract or parcel of land,
lying and being in the 255th
District, G.M., Jackson County,
Georgia designated as Lot
13, Block D of Sandy Creek
Golf Course Subdivision as
shown by plat and survey enti
tled “Final Plat for Sandy Creek
Golf Course Subdivision”, pre
pared by Wood Brothers Land
Surveying, Inc., certified by
Warren S. Wood, GRLS, dated
January 24, 2006, and record
ed in Plat Book 66, Pages
283-294, Jackson County,
Georgia records; which plat
and the recording thereof are
hereby incorporated herein by
reference for a more detailed
description of the property.
Subject to Protective
Covenants, together with
Mandatory Homeowner’s
Association Dues, dated March
28, 2005 and recorded in Deed
Book 38F, Page 221, aforesaid
records.
All building materials, equip
ment, and fixtures as pur
chased for use on the prop
erty located at 1161 Mulberry
Chase, Sandy Creek Golf
Course, Commerce, Jackson
County, Georgia; whether any
of the foregoing is owned now
or acquired later; all acces
sions, 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).
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of 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. (Notice of
intent to collect attorneys fees
having been given.)
Said property will be sold
as the property of Thomas D.
Dimitroff and subject to the
outstanding ad valorem taxes
and/or assignments if any, and
further subject to the outstand
ing balances of all liens superi
or to the Security Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by Thomas D.
Dimitroff.
NORTHEAST GEORGIA
BANK (f/k/a Freedom Bank of
Georgia) As Attorney-in-fact
for: Thomas D. Dimitroff
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice 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
WILLIAM T. SHEELER to
NORTHEAST GEORGIA
BANK (f/k/a Freedom Bank
of Georgia) dated June 7,
2007, and recorded on June
18, 2007, in Deed Book 49-B,
Pages 192-194, records of
Jackson County, Georgia. This
Security Deed secures a Note
dated December 2, 2008, in
the original principal amount of
$226,670.50, plus interest; the
Note is also secured by UCC
Financing Statement record
ed in Deed Book 49F, Pages
21-22 and identified by Seq.
No. 078-2007-0633, Jackson
County, Georgia records; there
will be sold by the undersigned
at public outcry to the high
est and best 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 and improvements, if
any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of
land situate, lying and being
in the 242nd G.M.D., Jackson
County, Georgia, being known
and designated as Lot 23 of
Cardinal Lake Subdivision as
shown on a plat entitled “Final
plat for: Cardinal Lake”, dated
February 24, 2006 by Ringo
Abernathey & Associates,
said plat being recorded at
Plat Book 68, Pages 142-145
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia and being
incorporated herein by ref
erence for a more particular
description.
Together with all materi
als now owned or hereafter
acquired used in the construc
tion. Electrical fixtures, plumb
ing fixtures and heating and
air units.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of 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. (Notice of
intent to collect attorneys fees
having been given.)
Said property will be sold
as the property of William T.
Sheeler and subject to the out
standing ad valorem taxes and/
or assignments if any, and fur
ther subject to the outstanding
balances of all liens superior to
the Security Deed, if any.
To the best knowledge and
continued on following page