Newspaper Page Text
PAGE 18C
THE JACKSON HERALD
WEDNESDAY, SEPTMBER 9, 2009
Public Notices Continued
2004-10, Mortgage Pass-
Through Certificates, Series
2004-10, by Assignment secur
ing a Note in the original prin
cipal amount of $256,000.00,
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
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 GMD 248
of Jackson County, Georgia,
being Lot 19, Phase II,
Chadwick Farms Subdivision,
per plat thereof recorded in
Plat Book 62, Pages 170-171,
Jackson County Records,
which plat is made a part here
of by reference.
Said property is known as
389 Caldwell Lane, Hoschton,
GA 30548, together with all
fixtures and personal property
attached to and constituting 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 Christine
K. Bussey and Stephen M.
Bussey, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Christine K. Bussey
and Stephen M. Bussey, and
the proceeds of said sale will
be applied to the payment of
said indebtedness and all the
expenses of said sale, includ
ing attorney’s fees, all as pro
vided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
The Bank of New York
Mellon, fka The Bank of New
York as Successor in inter
est to JP Morgan Chase Bank
NA as Trustee for Structured
Asset Mortgage Investments II
Inc. Bear Stearns ALT-A Trust
2004-10, Mortgage Pass-
Through Certificates, Series
2004-10 as Attorney-in-Fact
for Christine K. Bussey and
Stephen M. Bussey
File no. 07-7261
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors at
Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/LW
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
in Deed to Secure Debt
State of Georgia, County of Jackson
Linder and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt from LAURIE WALL to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. in the original principal
amount of $144,900.00 dated
05/15/2007, and recorded in
Deed Book 48-T, Page 374,
Jackson County Records,
said Security Deed being last
transferred and assigned to
CitiMortgage, Inc., the under
signed will sell at public out
cry to the highest bidder for
cash before the Courthouse
door in said County, during the
legal hours of sale, on the first
Tuesday of October, 2009, by
CitiMortgage, Inc., as Attorney-
in-Fact for Laurie Wall the fol
lowing described property:
All that tract or parcel of land
lying and being in the 248th
GMD of Jackson County,
Georgia, being Lot 10, Becca’s
Walk Subdivision, as per plat
recorded in Plat Book 46, Page
82, Jackson County, Georgia
Records, which plat is incorpo
rated herein by reference and
made a part hereof. Subject to
any and all easements, rights
of ways, restrictive covenants
and public utilities of record.
This being the same property
conveyed from the Secretary
of Veterans Affairs to Mark V.
Skelton by virtue of Warranty
Deed dated July 15, 2003, and
recorded in Deed Book 31 -C,
Page 552, Jackson County,
Georgia Records.
Property known as: 76 Ryan
Way, Hoschton, GA 30548
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 purposes
of paying the same and all
expenses of sale, including
attorney’s fees, (notice hav
ing been given as provided
by law).
The property will be sold as
the property of The Aforesaid
Grantors subject to the fol
lowing:
(1) all prior restrictive cov
enants, easements, rights-of-
way or encumbrances; (2) all
valid zoning ordinances; (3)
matters which would be dis
closed by an accurate sur
vey of the property; (4) the
outstanding ad valorem taxes
and assessments, if any; (5)
unpaid water and sewage bills,
that constitute liens against
the property, whether due and
payable or not yet due and
payable; and (6) matters of
record superior to the security
deed first set out above.
Pursuant to O.C.G.A.
Section 44-14-162.2 the name
of the person or entity who has
the full authority to negotiate,
amend, or modify the terms of
the aforementioned indebted
ness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend or
modify said indebtedness.
To the best of the under
signed’s knowledge and belief,
the party in possession is
Laurie Wall.
CitiMortgage, Inc., as
Attorney-in-fact for Laurie
Wall.
This law firm is acting as a
debt collector attempting to
collect a debt, any informa
tion obtained will be used
for that purpose.
Pendergast & Jones, PC.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
(SE9,16,23,30B/224-50)
gpnll
Notice of Sale
Notice of Sale Under Power
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
from CONSTANTIN A. MIOC
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. in the original principal
amount of $360,000.00 dated
06/26/2006, and recorded in
Deed Book 4400, Page 2,
Jackson County Records,
said Security Deed being last
transferred and assigned to
CitiMortgage, Inc. in Deed
Book 53-B, Page 79, the
undersigned will sell at public
outcry to the highest bidder for
cash before the Courthouse
door in said County, during
the legal hours of sale, on
the first Tuesday of October,
2009, by CitiMortgage, Inc., as
Attorney-in-Fact for Constantin
A. Mioc the following described
property:
All that tract or parcel of
land lying and being in GMD
245 and GMD 248 Jackson
County, Georgia, being Lot 49,
Pod L, Traditions of Braselton,
Phase I, as per plat recorded
in Plat Book 62, Pages 51-59,
Jackson County Records, said
plat being incorporated herein
by reference thereto.
Property known as: 69 Old
Traditions Place, 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 purposes
of paying the same and all
expenses of sale, including
attorney’s fees, (notice hav
ing been given as provided
by law).
The property will be sold as
the property of The Aforesaid
Grantors subject to the fol
lowing:
(1) all prior restrictive cov
enants, easements, rights-of-
way or encumbrances; (2) all
valid zoning ordinances; (3)
matters which would be dis
closed by an accurate sur
vey of the property; (4) the
outstanding ad valorem taxes
and assessments, if any; (5)
unpaid water and sewage bills,
that constitute liens against
the property, whether due and
payable or not yet due and
payable; and (6) matters of
record superior to the security
deed first set out above.
Pursuant to O.C.G.A.
Section 44-14-162.2 the name
of the person or entity who has
the full authority to negotiate,
amend, or modify the terms of
the aforementioned indebted
ness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend or
modify said indebtedness.
To the best of the under
signed’s knowledge and belief,
the party in possession is
Constantin A. Mioc.
CitiMortgage, Inc., as
Attorney-in-fact for Constantin
A. Mioc.
This law firm is acting as a
debt collector attempting to
collect a debt, any informa
tion obtained will be used
for that purpose.
Pendergast & Jones, PC.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
(SE9,16,23,30B/224-50)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
ANNA M. FLAMBERG to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated April 27, 2007,
recorded in Deed Book 480,
Page 355, Jackson County,
Georgia Records, as last trans
ferred to Suntrust Mortgage,
Inc. byassignmentto be record
ed in the Office of the Clerk
of Superior Court of Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount of
THREE HUNDRED TWENTY-
EIGHT THOUSAND SEVEN
HUNDRED FIFTY AND 0/100
DOLLARS ($328,750.00), 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, within the
legal hours of sale on the first
Tuesday in October, 2009, the
following described property:
SEE EXHIBIT A ATTACHED
HERETO AND MADE A PART
HEREOF
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 pro
vided 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 Security
Deed and by law, including
attorneys fees (notice of intent
to collect attorneys fees having
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, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Suntrust Mortgage, Inc., 1001
Semmes Avenue, Richmond,
VA 23224, 866-384-0903.
Please understand that the
secured creditor is not required
by law to negotiate, amend, or
modify the terms of the mort
gage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Anna M. Flamberg
or a tenant or tenants and
said property is more com
monly known as 49 Perry Ct.,
Jefferson, Georgia 30549.
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.
Suntrust Mortgage, Inc. as
Attorney in Fact for Anna M.
Flamberg
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/krO 10/6/09
Our file no. 52572609-FT7
EXHIBIT A
All that tract or parcel of
land lying and being in the
245th and 248th District, G.
M., Jackson County, Georgia,
being Lot 18, Phase I of Olde
Trail Subdivision, as per plat
thereof recorded in Plat Book
68, Pages 47-49, in the Office of
the Clerk of the Superior Court
for Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
(SE9,16,23,30B/12062-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power Contained i
n Security Deed
Under and by virtue of the
Power of Sale contained in that
certain Deed to Secure Debt
(“Security Deed”) executed by
BERRYMAN & STOWE, LLC,
in favor of STATE BANK AND
TRUST COMPANY, Assignee
of Security Bank of Gwinnett
County f/k/a Homestead Bank
dated July 17th, 2006, record
ed at Deed Book 44-S, Pages
369-374, modified February
21st, 2007, recorded at Deed
Book47-V, Pages 685-687 and
modified March 13th, 2007,
recorded at Deed Book 48-J,
Pages 315-317 of the Jackson
County, Georgia Records, the
undersigned will sell at pub
lic outcry to the highest bid
der for cash before the door
of the Courthouse of Jackson
County, Georgia, during the
legal hours of sale, on the first
Tuesday in October, 2009, that
being October 6, 2009, the fol
lowing described property:
All that tract or parcel of
land lying and being in the
G.M.D. 245, Jackson County,
Georgia, being 46.353 acres,
per plat of survey prepared by
Warren S. Wood, Registered
Land Surveyor No. 2849,
dated June 15th, 2006, which
plat is incorporated herein by
reference and which property
is more particularly described
as follows: Beginning at an iron
pin found located on the south
easterly right-of-way of Jackson
Trail Road (80 foot right-of-
way), said pin being located
north 46 degrees, 27 minutes,
02 seconds east, 245.53 feet
from a railroad spike in the
center line of the intersection
of Jackson Trail Road and
Lewis Roberts road (60 foot
right-of-way); thence proceed
south 26 degrees, 25 minutes,
41 seconds east 209.56 feet
to an iron pin found; thence
proceed north 55 degrees,
55 minutes, 26 seconds east,
210.64 feet to an iron pin found
on the southwest right-of-way
of Lewis Roberts Road; thence
proceed south 27 degrees, 57
minutes, 29 seconds east,
409.67 feet to a point; thence
south 27 degrees, 11 minutes,
23 seconds east, 205.61 feet
to a point; thence south 27
degrees, 41 minutes, 51 sec
onds east, 397.80 feet to a
point; thence an arc distance
104.07 on a radius of 500.00
feet south 21 degrees, 44 min
utes, 05 seconds east, 103.88
feet to a point; thence an arc
distance of 310.58 feet on a
radius of 837.73 feet, south
05 degrees, 09 minutes, 04
seconds east, 308.80 feet to
an iron pin found; thence south
87 degrees, 41 minutes, 18
seconds west, 344.59 feet to
an iron pin found; thence south
45 degrees, 05 minutes, 58
seconds west, 227.36 feet to
an iron pin found; thence north
88 degrees, 04 minutes, 18
seconds west, 1,232.68 feet
to an iron pin found; thence
north 13 degrees, 06 minutes,
26 seconds west, 762.87 feet
to a point on the southeasterly
right-of-way line of Jackson
Trail Road; thence proceeding
along said right-of-way north
55 degrees, 14 minutes, 31
seconds east, 194.39 feet to a
point; thence north 55 degrees,
40 minutes, 40 seconds east,
91.64 feet to a point; thence
north 55 degrees, 40 minutes,
40 seconds east, 200.20 feet
to a point; thence north 55
degrees, 37 minutes, 07 sec
onds east, 180.27 feet to a
point; thence north 55 degrees,
24 minutes, 40 seconds east,
675.35 feet to an iron pin found
which is the point of begin
ning.
The debt secured by said
Security Deed is evidenced
by a Promissory Note (“the
Note”), dated July 17th, 2006,
modified February 21st, 2007
and modified March 13th,
2007, totaling the original prin
cipal amount of $1,740,000.00,
payable, principal and interest
from the date thereof shown,
on the 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 debt
as provided in said Note. The
total balance of said debt
has, therefore, 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, the
proceeds 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
possession of BERRYMAN &
STOWE, LLC.
STATE BANK AND TRUST
COMPANY Assignee of
SECURITY BANK OF
GWINNETT COUNTY
f/k/a HOMESTEAD BANK as
Attorney-in-act for BERRYMAN
& STOWE, LLC.
BY: James F. Howard
Attorney at Law
1304 Rockbridge Road,
Suite 1
Stone Mountain, GA 30087
770-923-1200
(SE9,16,23,30P4)
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 HANNAH
C. DAVIS to UNITED
COMMUNITY BANK, dated
October 25, 2007, recorded
November 8, 2007, in Deed
Book 50-P, Page 652, Jackson
County, Georgia Records,
as modified by Modification
of Security Deed dated
November 17, 2008, record
ed in Deed Book 53-R, Page
699, Jackson County, Georgia
Records, said Security Deed
being given to secure a Note
from HANNAH C. DAVIS
dated November 17, 2008 in
the original principal amount
of ONE HUNDRED FIFTY
TWO THOUSAND FOUR
HUNDRED NINETY ONE
AND 50/100 ($152,491.50)
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 City of
Maysville, 465th District, G.M.,
Jackson County, Georgia, and
being that 1.113 acres, more
or less, as more particularly
shown on a plat of survey
prepared for Hannah C. Davis
by Ingram, Lord & Associates,
Registered Surveyor, dated
October 26, 2007, recorded
in Plat Book 70, Page 246,
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.
All Inventory and Fixtures,
including but not limited to the
following specifically described
property: All Building Materials,
Fixtures, and Components,
used in the Construction or
Improvements to the 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.)
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 HANNAH C. DAVIS
or a tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact for
HANNAH C. DAVIS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01451
(SE9,16,23,30B/16022-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
NATHAN M. BAILEY and
CANDICE R. BAILEY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated August 20, 2003,
recorded in Deed Book 31-S,
Page 497, Jackson County,
Georgia Records, as last
transferred to BAC HOME
LOANS SERVICING, LP
FKA COUNTRYWIDE HOME
LOANS SERVICING LP by
assignment to be recorded
in the Office of the Clerk of
Superior Court of Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount of
ONE HUNDRED FORTY-TWO
THOUSAND SIX HUNDRED
SEVEN AND 0/100 DOLLARS
($142,607.00), 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, within the legal hours
of sale on the first Tuesday in
October, 2009, the following
described property:
SEE EXHIBIT A ATTACHED
HERETO AND MADE A PART
HEREOF
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 pro
vided 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 Security
Deed and by law, including
attorneys fees (notice of intent
to collect attorneys fees having
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, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Bank of America, 5401 North
Beach Street, MS FWTX-35,
Fort Worth, TX 76137, 1-888-
219-7773. Please understand
that the secured creditor is not
required by law to negotiate,
amend, or modify the terms of
the mortgage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Nathan M. Bailey and
Candice R. Bailey or a tenant
or tenants and said property
is more commonly known as
563 Bailey Drive, Jefferson,
Georgia 30549.
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.
BAC HOME LOANS
SERVICING, LP FKA
COUNTRYWIDE HOME
LOANS SERVICING LP as
Attorney in Fact for .
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/abw 10/6/09
continued on following page