Newspaper Page Text
WEDNESDAY, SEPTEMBER 9, 2009
THE JACKSON HERALD
PAGE 15 C
Public Notices Continued
Melissa Bernhauserthe follow
ing property to-wit:
All that tract or parcel of
land lying and being in the
245th District G.M., Jackson
County, Georgia, being known
as Lot 54, Jefferson Place
Subdivision, as per plat record
ed in Plat Book 64, Page 232,
Jackson County, Georgia
records, which plat is incorpo
rated herein and made a part
hereof by reference.
The above described prop
erty is also known as 1934
Lantern Drive, Jefferson, GA
30549.
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default in
the payment of the indebted
ness secured thereby, this sale
will be made for the purpose
of paying the same and all
expenses of sale, including
attorney’s fees, if applicable.
The property will be sold
as the property of the afore
said grantor subject to the
following: all prior restrictive
covenants, easements, rights-
of-way, security deeds, or
encumbrances of record; all
valid zoning ordinances; mat
ters which would be disclosed
by an accurate survey of the
property or by any inspection
of the property; all outstanding
taxes, assessments, unpaid
bills, charges, and expenses
that are a lien against the prop
erty whether due and payable
or not yet due and payable.
To the best of the under
signed’s knowledge and
belief, possession of the sub
ject property is held by Curtis
Bernhauser and Melissa
Bernhauser.
Pursuant to O.C.G.A.
§ 44-14-162.2, the name,
address and telephone number
of the individual or entity who
shall have the full authority to
negotiate, amend or modify all
terms of the above described
mortgage is as follows: BAC
Home Loans Servicing, L.P.
f/k/a Countrywide Home
Loans Servicing, LP, Attn: Jill
Balentine, P. O. Box 5170,
MS SV314B, Simi Valley, CA
93065, Telephone: 1-888-219-
7773. The foregoing notwith
standing, nothing in O.C.G.A.
§ 44-14-162.2 shall be con
strued to require BAC Home
Loans Servicing, LP as ser
vicer for The Bank of New
York Mellon f/k/a The Bank of
New York, as Trustee for The
CertificateHolders CWALT,
Inc., Alternative Loan Trust
2006-41CB, Mortgage Pass-
Through Certificates, Series
2006-41 CB to negotiate,
amend or modify the terms
of the Deed to Secure Debt
described herein.
The Bank of New York
Mellon f/k/a The Bank of
New York, as Trustee for The
CertificateHolders CWALT,
Inc.,
Alternative Loan Trust
2006-41 CB, Mortgage Pass-
Through Certificates, Series
2006-41 CB as Attorney-in-
Fact for Curtis Bernhauser and
Melissa Bernhauser
SHUPING, MORSE &
ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite
100
Riverdale, Georgia 30274-
1698
(770) 991-0000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(SE9,16,23,30B/119-70)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Linder and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt (“Security Deed”)
executed by RENETTE
WEATHERSPOON, BERNINA
JONES, and WALTER JONES
in favor of HAMILTON STATE
BANK dated February 22,
2008, and recorded at Deed
Book 51-P, Pages 518-524 of
the Jackson County, Georgia
Deed Records, the under
signed will sell at public out
cry to the highest bidder for
cash before the door of the
Courthouse of Jackson County,
Georgia, during the legal hours
of sale, on the first Tuesday in
October, that being October 6,
2009, the following described
property:
ALL THAT TRACT or parcel
of land lying and being in the
248th District, Jackson County,
Georgia, being Lot 6, Pod
P of Traditions of Braselton
Subdivision, Phase 2, as per
plat thereof recorded in Plat
Book 64, Pages 150-152, in
the office of the Clerk of the
Superior Court for Jackson
County, Georgia, which record
ed plat is incorporated herein
by reference and made a part
of this description.
Upon information and
belief, said described property
is located at: Lot #6, Pod
P, Traditions of Braselton,
Jefferson, Georgia.
The debt secured by said
Security Deed is evidenced by
a Promissory Note (the “Note”),
dated February 22, 2008, in
the original principal amount of
$133,380.76, payable, princi
pal and interest from the date
thereof shown on said Note on
the unpaid balance until paid.
Default has occurred in the
payment of the debt evidenced
by the Note and secured by the
Security Deed as a result of
the nonpayment of the install
ments thereon. The total bal
ance of said debt has, there
fore, been declared due and
the Security Deed foreclosable
according to its terms.
The debt remaining in
default, the property will be
sold to the highest bidder for
cash as the property of Renette
Weatherspoon, Bernina Jones,
and Walter Jones, the pro
ceeds to be applied to the
payment of said indebtedness,
attorneys’ fees (notice of inten
tion to collect attorneys’ fees
having been given), and the
lawful expenses of said sale,
all as provided in the Note
and the Security Deed, said
sale to be subject to any and
all unpaid taxes and assess
ments, and restrictions, ease
ments and liens of record with
priority over the Security Deed
referenced above.
To the best of the under
signed’s knowledge and belief,
the property is in the posses
sion of Renette Weatherspoon,
Bernina Jones, and Walter
Jones and will be sold as
the property of Renette
Weatherspoon, Bernina Jones,
and Walter Jones.
The undersigned will exe
cute a deed to the purchaser
as authorized in the aforemen
tioned Security Deed.
Renette Weatherspoon,
Bernina Jones, and Walter
Jones
By: Hamilton State Bank, as
Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P.O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(SE9,16,23,30B/417-50T1)
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
Deed to Secure Debt given
by JASON P KINGSLAND to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. (“MERS”) AS NOMINEE
FOR HOMESTAR FINANCIAL
CORPORATION, dated
03/31/2006, and Recorded
on 04/05/2006 as Book No.
43-I and Page Nos. 57-67,
JACKSON County, Georgia
Records, as last assigned to
U.S. BANK, N.A., by assign
ment, conveying the after-
described property to secure
a Note of even date in the
original principal amount of
$121,712.00, with interest
at the rate specified therein,
there will be sold by the under
signed at public outcry to the
highest bidder for cash at the
JACKSON County Courthouse
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 465th
GMD of Jackson County,
Georgia, and being Lot 36 of
Beacon Hill Subdivision as
per that plat of the subdivision
recorded in Plat Book 60, Page
28, Jackson County, Georgia
Records which plat is incorpo
rated herein by reference and
made a part hereof.
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 manner
provided in the Note and Deed
to Secure Debt. Because the
debt remains in default, this
sale will be made for the pur
pose of paying the same and
all expenses of this sale, as
provided in the Deed to Secure
Debt and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor
is: NATIONAL DEFAULT
SERVICING CORPORATION,
2525 E. CAMELBACK ROAD,
Foreclosure SUITE 200,
PHOENIX, AZ 85016, 602-
264-6101. Please understand
that the secured creditor is not
required to negotiate, amend,
or modify the terms of the
mortgage instrument.
To the best knowledge and
belief of the undersigned, the
party/parties in possession of
the subject property known
as 315 BEACON DRIVE,
MAYSVILLE.GEORGIA30558
is/are: JASON P KINGSLAND
or tenant/tenants.
Said property will be sold
subject to (a) any outstanding
ad valorem taxes (including
taxes which are a lien, but not
yet due and payable), (b) any
matters which might be dis
closed by an accurate survey
and inspection of the property,
and (c) all matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not limited to, assess
ments, liens, encumbrances,
zoning ordinances, easements,
restrictions, covenants, etc.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code; and
(2) 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.
U.S. BANK, N.A. as
Attorney in Fact for JASON P
KINGSLAND.
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
20090016200091
BARRETT, DAFFIN &
FRAPPIER, L.L.P. 4004
Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
(SE9,16,23,30P4)
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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 secured by a Security
Deed executed by ANNE
M. ANACKER to CHASE
MANHATTAN MORTGAGE
CORPORATION, dated
December 26, 2002, and
recorded in Deed Book 28-R,
Page 548, Jackson County
Records, said Security Deed
having been last sold, assigned,
transferred and conveyed to
Liquidation Properties, Inc., by
Assignment securing a Note in
the original principal amount
of $110,654.00, 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 City of
Maysville, 465 G.M.D., Jackson
County, Georgia, being desig
nated as Lot No. 23 containing
1.32 acres, more or less, as
per plat of survey prepared for
Property Development Group,
Inc. by Slate & Associates, Inc.,
Surveyors, dated December
29, 1997, recorded in the
Office of the Clerk of Superior
Court of Jackson County,
Georgia, in Plat Book 52, at
Page 149. Said plat as record
ed is hereby referenced for a
more detailed description of
said property. Subject to exist
ing easements and rights of
way for public roads and utili
ties now in use. Together with
an ingress-egress easement
along Freeman Drive to the
intersection of Freeman Drive
and West Freeman Street.
This perpetual easement shall
run with the land.
Said property is known as 72
Freeman Court, Maysville,
GA 30558, together with all
fixtures and personal property
attached to and constituting a
part of said property, if any.
This conveyance is made
subject to that certain Security
Deed in favor of Anne M.
Anacker, recorded in Deed
Book 28R, page 548, Jackson
County Records.
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 Anne M.
Anacker, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Anne M. Seagraves,
and the proceeds of said sale
will be applied to the payment
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.
Liquidation Properties Inc.
as Attorney-in-Fact for Anne M.
Anacker her successor in title
being Anne M. Seagraves
File no. 07-6959
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors at
Law
2872 Woodcock Blvd., Suite
100_Atlanta, GA 30341-3941
(770)220-2535/BB
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
Georgia, Jackson County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by ASHLEY
Q. WILSON and CAROL
ANN HAYS WILSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated March 9, 2005, in
the amount of $156,000.00,
and recorded in Deed Book
38-B, Page 419, Jackson
County, Georgia Records, as
last transferred to BAC Home
Loans Servicing, L.P. FKA
Countrywide Home Loans
Servicing, L.P. by assign
ment, the undersigned, BAC
Home Loans Servicing, L.P.
FKA Countrywide Home Loans
Servicing, L.P. 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 October,
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
248 GMD, Randolph District of
Jackson County, Georgia and
containing 10.58 acres, more
or less, as shown on a plat of a
survey entitled Survey for Carol
Hays dated November 20,
1992, by Joseph L. Harwell, as
recorded in Plat Book 40, Page
74, Jackson County, Georgia
Records, which said plat and
the record thereof are hereby
incorporated herein by refer
ence as a part of this Deed.
Subject to existing easements
for public roads and utilities
now in use.
which has the proper
ty address of 7202 Winder
Highway, Jefferson, 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 Ashley Q.
Wilson and Carol Ann Hays
Wilson and the proceeds of
said sale will be applied to the
payment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
BAC Home Loans Servicing,
L.R FKA Countrywide Home
Loans Servicing, L.R Attorney
in Fact for Ashley Q. Wilson
and Carol Ann Hays Wilson
Anthony DeMarlo, Attorney/
jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20968 /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.
(SE9,16,23,30B/1325-50)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of the power of sale
contained in a Security Deed
from KEITH S. ADAMS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS
INC., as nominee for
HOMESTAR FINANCIAL
CORPORATION dated July 31,
2007, recorded in Deed Book
49-Q, Page26, Jackson County
Records, and last assigned to
Chase Home Finance LLC,
conveying the after-described
property to secure a Note in
the original principal amount
of ONE HUNDRED TWENTY-
ONE THOUSAND THREE
HUNDRED EIGHTY AND
00/100 ($121,380.00), with
interest thereon as set forth
therein, there will be sold at
public outcry to the highest
bidder for cash, before the
Courthouse door of Jackson
County, Georgia, during the
legal hours of sale on the first
Tuesday, October 6, 2009 the
following described property,
to wit:
All that tract or parcel of
land lying and being in GMD
255, Jackson County, Georgia,
as shown and delineated as
Lot 33, Brentwood Estates
Subdivision, Phase Three, on
that plat of said subdivision
recorded in Plat Book 57, Page
210, Jackson County, Georgia
Plat Book Records, which plat
is incorporated herein by refer
ence and made a part hereof.
The Debt secured by said
Security Deed has been and is
hereby declared due because
of nonpayment of the indebt
edness when due and in the
manner provided in the Note
and Security Deed. The debt
remaining in default, the sale
will be made for the purpose
of paying the same and all
expenses of sale, as provided
in the Security Deed and by
law, including attorney’s fees,
notice of intent to collect attor
ney’s fees having been given.
Said property will be sold
subject to any outstanding ad
valorem taxes, any assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, 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 Keith S. Adams or,
a tenant or tenants, and said
property was or is commonly
known as 217 Arlington Ln.,
Commerce, GA 30529.
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.
Chase Home Finance LLC
As Attorney in Fact for Keith
S. Adams
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 09-8508
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR-
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(SE9,16,23,30B/1327-50)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, Jackson County
By virtue of the pow
ers of sale contained in
that certain Construction
Security Deed from COUCH
CONSTRUCTION, INC.
to GAINESVILLE BANK &
TRUST, predecessor in inter
est to SunTrust Bank, dated
March 19, 2007, recorded
March 21,2007, in Deed Book
47-Y at Page 88, Jackson
County, Georgia Records
(hereinafter “Security Deed”),
given to secure an indebted
ness as evidenced in that cer
tain Promissory Note originally
dated March 19, 2007, and
by renewal dated June 11,
2008 in the principal amount
of $42,170.91, and given to
secure an indebtedness
as evidenced in that certain
Promissory Note originally
dated January 30, 2007, and
by renewal dated June 11,
2008, in the principal amount
of $73,164.37 (hereinafter
“Notes”), with interest from said
date at the rate stated in said
Notes on the unpaid balances
until paid, there will be sold
by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse
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 refer
ence. The debt secured by the
Security Deed has been and is
hereby declared due and pay
able because of, among other
possible events of default, fail
ure to make payments on said
Notes and default in payment
of the obligations secured by
the 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, includ
ing attorneys’ 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, easements, cov
enants, and matters of record
superior to the Security Deed
first set out above, including,
but not necessarily limited to,
senior encumbrances that will
not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned, the
Party in possession of the prop
erty is Couch Construction,
Inc. its heirs or assigns, or a
tenant or tenants, and all or
a portion of said real property
is more commonly known as
Tract 1, Old Maysville Road,
Commerce, Jackson County,
Georgia 30529; however,
please refer only to the legal
description for the location of
the property.
SunTrust Bank
Attorney in Fact for Couch
Construction, Inc.
NEAL J. QUIRK, ESQ.
QUIRK & QUIRK, LLC
325 Century Springs West
6000 Lake Forrest Drive,
N.W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
Legal Description
All that tract or parcel of
land, containing 0.343 acre,
more or less, situate, lying
and being in the 255th District,
G.M. of Jackson County,
Georgia, and being more par
ticularly shown and described
as 0.434 acre according to a
plat of survey entitled “Survey
for: KRC Development, Inc.,”
dated October 2, 2006, revised
November 21, 2006, prepared
by Carroll Surveying, LLC,
certified by Stacey C. Carroll,
Georgia Registered Surveyor
No. 2729, and being recorded
at Plat Book 70, Page 36,
in the Office of the Clerk of
Superior Court of Jackson
County< Georgia, which said
plat and the record thereof
are by reference incorporated
herein for a more complete
description of the property
herein conveyed. This being
a portion of the same property
conveyed by Warranty Deed
from James David Browner
to KRC Development, Inc.
dated September 15, 2006,
and recorded at Deed Book
45-0, Page 328, in said Clerk’s
Office.
TOGETHER WITH and
appurtenant to the above-
described property, non-exclu-
sive rights of ingress, egress
and access, including the right
to place utilities, over and
across the 15’ wide Drive run
ning from Maysville Road in a
generally northerly direction to
the above described property.
(SE9,16,23,30P4)
gpnll
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 RICHARD E. HAYES
and TAMMY R. HAYES to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for FINANCE
AMERICA, LLC, dated June
24, 2004, and recorded in Deed
Book 35-W, Page 419, Jackson
County, Georgia Records, as
last transferred to U.S. Bank,
N.A., in its capacity as Trustee
for the registered holders
of Home Equity Asset Trust
2004-6, Home Equity Pass-
Through Certificates, Series
2004-6 by Assignment filed for
record in Deed Book 53-M,
Page 533 in Jackson County,
Georgia Records, conveying
the after-described property to
secure a Note of even date in
the original principal amount of
$153,184.00, with interest at
the rate specified therein, there
continued on following page