Newspaper Page Text
WEDNESDAY, SEPTEMBER 16, 2009
THE JACKSON HERALD
PAGE 7C
Public Notices Continued
Civil Lawsuits
Superior Court
• Ford Motor Credit Co. vs. James G. Black-Complaint on Contract
• Unifund CCR Partners Assignee of FIA Card Services vs. Ravi Garib - Suit on
Account
• Capital One Auto Finance, Inc. vs. Jimmy Whisnant and Sharon Whisnant - Suit on
a Contract
•Assignee of Midland Funding LLC Washington Mutual Bank vs. Stanley Pair - Suit
on Account
•Assignee of Midland Funding LLC Citibank (South Dakota), N.A. vs. Debra White -
Summons/Suit on Account
•Assignee of Midland Funding LLC Chase Bank (USA), N.A. vs. Albert Ellington - Suit
on Account
• Northstar Rental Corp. vs. Addison Transport Systems, Inc. - Complaint on
Contract
•Athens Regional Medical Center vs. Robert M. Stringer - Complaint on Account
•State of Georgia vs. Jennifer Garrett and 1989 Mercury Grand Marquis VIN #
2MERM74F5KX656217 - Complaint for Forfeiture
• First Resolution Investment Corp. vs. Sabrina R. Daniel - Complaint on a Contract
•Assignee of Colorado Capital Investments, Inc. Citibank USA, N.A. vs. Patricia Collins
- Complaint on a Contract
• Future Group, LLC vs. Anderson David Trimm - Transfer of Dispossessory from
Magistrate Court
•Georgia Receivables, Inc. A/F FIA Card Services N A (USA) vs. Dorsey W. Allen - Suit
on Account
•Flamilton State Bank vs. Delane Bryant - Application for Confirmation of Foreclosure
Sale
•MainStreet Newspapers, Inc. vs. Hilda Gee, Thomas Marlow, Judy Stowe, Monk
Tolbert, City of Pendergrass - Verified Complaint for Injunctive Relief
•Four Divorce Cases were Filed
September 3, 2009 - September 10, 2009
State Court
•Capital One Bank (USA), N.A. vs. Johnny B. Mize - Complaint on a Contract
•Capital One Bank (USA), N.A. vs. Amy N. Fain - Complaint on a Contract
•American Express Travel Related Services Co. Inc. vs. Ronald Flower - Complaint
on Account
•Discover Bank vs. Brooks Wilson - Complaint
•Capital One Bank USA N.A. vs. Russell Tankersley - Complaint on Contract
•LVNV Funding LLC as Assignee and Purchaser of Citifinancial vs. Dana Sikes -
Complaint-Suit on Account
•EHCA Eastside, LLC vs. Mari Rebecca Hammond - Complaint on Contract
September 4, 2009 - September 10, 2009
Jackson County, Georgia,
and the party in possession of
the property is Boleman Design
& Development, LLC, or its ten
ant or tenants.
HABERSHAM BANK, as
Attorney-in-Fact for Boleman
Design & Development, LLC
Thompson, O’Brien, Kemp &
Nasuti, RC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT
COLLECTOR
ATTEMPTING
TO
COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL
BE USED
FOR THAT PURPOSE.
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in that
certain Real Estate Deed to
Secure Debt from BOLEMAN
DESIGN & DEVELOPMENT,
LLC(“Grantor”)to HABERSHAM
BANK (“Grantee”), dated July
10, 2006, filed and recorded
July 17, 2006, in Deed Book
44-R, Page 600, Jackson
County, Georgia Records,
and re-recorded September
27, 2006, in Deed Book 45-Q,
Page 232, aforesaid records,
as modified by that certain
Modification Agreement dated
August 17, 2007, filed and
recorded September 17, 2007,
in Deed Book 50-C, Page
413, aforesaid records, as fur
ther modified by that certain
Modification Agreement dated
May 21, 2008, filed and record
ed May 28, 2008, in Deed Book
52-L, Page 642 (as modified,
the “Security Deed”), conveying
the after-described property to
secure that certain Universal
Note and Security Agreement
dated May 21, 2008, from
Grantor payable to Grantee in
the original principal amount of
TWO HUNDRED FIFTY-NINE
THOUSAND FOUR HUNDRED
SIXTY-SIX AND 50/100
DOLLARS ($259,466.50),
with interest thereon as set
forth therein (as modified and
renewed, the “Note”), 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:
All that tract or parcel of land
lying and being in Duncan’s
GMD 245 of Jackson County,
Georgia, and being Lot 3 of
Lake Vista Estates Subdivision,
as shown on subdivision plat
recorded in Plat Book 68,
Pages 17-18, Jackson County
Records, which plat is incorpo
rated herein by reference and
made a part hereof.
The indebtedness secured by
said Security Deed has been
and is hereby declared due and
payable because of, among
other possible events of default,
failure to comply with the provi
sions of the Security Deed. The
debt remaining outstanding, this
sale will be made for the pur
pose of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including attorney’s fees
(notice of intent to collect attor
ney’s fees having been given as
provided by law).
The property will be sold for
cash or certified funds and sub
ject to any and all matters of
record superior to said Security
Deed, outstanding ad valorem
taxes, any matters which might
be disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth here
in subject to (1) confirmation
prior to the sale that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
confirmation and audit prior to
the sale of the status of the loan
with the holder of the Security
Deed.
Grantee reserves the right to
sell the property in one parcel or
as an entirety, or in such parcels
as Grantee may elect, as per
mitted in the Security Deed.
To the best of the under
signed’s knowledge and belief,
the property located at 56
Overlook Lane, Jefferson,
Jackson County, Georgia,
and the party in possession of
the property is Boleman Design
& Development, LLC, or its ten
ant or tenants.
HABERSHAM BANK, as
Attorney-in-Fact for Boleman
Design & Development, LLC
Thompson, O’Brien, Kemp &
Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT
COLLECTOR
ATTEMPTING
TO
COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL
BE USED
FOR THAT PURPOSE.
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Real Estate Deed
to Secure Debt from RICHEY
HOMES, LLC (“Grantor”)
to HABERSHAM BANK
(“Grantee”), dated July 10,
2006, filed and recorded July
17, 2006, in Deed Book 44-R,
Page 645, Jackson County,
Georgia Records, and re
recorded September 11, 2006
in Deed Book 45-L, Page 55,
aforesaid records, as modi
fied by that certain Modification
Agreement dated August
17, 2007, filed and recorded
September 17, 2007 in Deed
Book 50-C, Page 407, afore
said records, and further modi
fied by that certain Modification
Agreement dated May 21,
2008, filed and recorded May
28, 2008 in Deed Book 52-L,
Page 639, aforesaid records
(as modified, the “Security
Deed”), conveying the after-
described property to secure
that certain Universal Note and
Security Agreement dated May
21,2008, from Grantor payable
to Grantee in the original prin
cipal amount of FORTY-FOUR
THOUSAND NINE HUNDRED
TEN AND NO/100 DOLLARS
($44,910.00), with interest
thereon as set forth therein
(as modified and renewed, the
“Note”), there will be sold at
public outcry to the highest bid
der for cash before the court
house door of 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 Duncan’s
GMD 245 of Jackson County,
Georgia, and being Lot 7 of
Lake Vista Estates Subdivision,
as shown on subdivision plat
recorded in Plat Book 68,
Pages 17-18, Jackson County
Records, which plat is incorpo
rated herein by reference and
made a part hereof.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to comply with
the provisions of the Security
Deed. The debt remaining
outstanding, this sale will be
made for the purpose of pay
ing the same and all expens
es of this 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
as provided by law).
The property will be sold for
cash or certified funds and sub
ject to any and all matters of
record superior to said Security
Deed, outstanding ad valorem
taxes, any matters which might
be disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation prior
to the sale that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
confirmation and audit prior to
the sale of the status of the
loan with the holder of the
Security Deed.
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 the under
signed’s knowledge and belief,
the property located at 108
Overlook Lane, Jefferson,
Jackson County, Georgia,
and the party in possession of
the property is Richey Homes,
LLC, or its tenant or tenants.
HABERSHAM BANK, as
Attorney-in-Fact for Richey
Homes, LLC
Thompson, O’Brien, Kemp &
Nasuti, RC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Real Estate Deed
to Secure Debt from RICHEY
HOMES, LLC (“Grantor”)
to HABERSHAM BANK
(“Grantee”), dated July 10,
2006, filed and recorded July
17, 2006, in Deed Book 44-R,
Page 672, Jackson County,
Georgia Records, and re
recorded September 27, 2006
in Deed Book 45-Q, Page 208,
aforesaid records, as modified
by that certain Modification
Agreement dated August
17, 2007, filed and recorded
September 17, 2007 in Deed
Book 50-C, Page 409, afore
said records, and further modi
fied by that certain Modification
Agreement dated May 21,
2008, filed and recorded May
28, 2008 in Deed Book 52-L,
Page 640, aforesaid records
(as modified, the “Security
Deed”), conveying the after-
described property to secure
that certain Universal Note and
Security Agreement dated May
21, 2008, from Grantor pay
able to Grantee in the origi
nal principal amount of TWO
HUNDRED SEVENTY FOUR
THOUSAND FIVE HUNDRED
SIXTEEN AND 50/100
DOLLARS ($274,516.50),
with interest thereon as set
forth therein (as modified and
renewed, the “Note”), 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:
All that tract or parcel of land
lying and being in Duncan’s
GMD 245 of Jackson County,
Georgia, and being Lot 28 of
Lake Vista Estates Subdivision,
as shown on subdivision plat
recorded in Plat Book 68,
Pages 17-18, Jackson County
Records, which plat is incorpo
rated herein by reference and
made a part hereof.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to comply with
the provisions of the Security
Deed. The debt remaining
outstanding, this sale will be
made for the purpose of pay
ing the same and all expens
es of this 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
as provided by law).
The property will be sold for
cash or certified funds and sub
ject to any and all matters of
record superior to said Security
Deed, outstanding ad valorem
taxes, any matters which might
be disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation prior
to the sale that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
confirmation and audit prior to
the sale of the status of the
loan with the holder of the
Security Deed.
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 the under
signed’s knowledge and belief,
the property located at 493
Lake Vista Drive, Jefferson,
Jackson County, Georgia,
and the party in possession of
the property is Richey Homes,
LLC, or its tenant or tenants.
HABERSHAM BANK, as
Attorney-in-Fact for Richey
Homes, LLC
Thompson, O'Brien, Kemp &
Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(SE9,16,23,30P4)
Be Smart. Stay
Alive.
Buckle Up.
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Real Estate Deed
to Secure Debt from RICHEY
HOMES, LLC (“Grantor”)
to HABERSHAM BANK
(“Grantee”), dated July 10,
2006, filed and recorded July
17, 2006, in Deed Book 44-R,
Page 681, Jackson County,
Georgia Records, and re
recorded September 11, 2006
in Deed Book 45-L, Page 71,
aforesaid records, as modi
fied by that certain Modification
Agreement dated August
17, 2007, filed and recorded
September 17, 2007 in Deed
Book 50-C, Page 406, afore
said records, and further modi
fied by that certain Modification
Agreement dated May 21,
2008, filed and recorded May
28, 2008 in Deed Book 52-L,
Page 641, aforesaid records
(as modified, the “Security
Deed”), conveying the after-
described property to secure
that certain Universal Note and
Security Agreement dated May
21,2008, from Grantor payable
to Grantee in the original prin
cipal amount of FORTY FOUR
THOUSAND NINE HUNDRED
TEN AND NO/100 DOLLARS
($44,910.00), with interest
thereon as set forth therein
(as modified and renewed,
the “Note”), there will be sold
at public outcry to the high
est 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:
All that tract or parcel of land
lying and being in Duncan’s
GMD 245 of Jackson County,
Georgia, and being Lot 76 of
Lake Vista Estates Subdivision,
as shown on subdivision plat
recorded in Plat Book 68,
Pages 17-18, Jackson County
Records, which plat is incorpo
rated herein by reference and
made a part hereof.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to comply with
the provisions of the Security
Deed. The debt remaining
outstanding, this sale will be
made for the purpose of pay
ing the same and all expens
es of this 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
as provided by law).
The property will be sold for
cash or certified funds and sub
ject to any and all matters of
record superior to said Security
Deed, outstanding ad valorem
taxes, any matters which might
be disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation prior
to the sale that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
confirmation and audit prior to
the sale of the status of the
loan with the holder of the
Security Deed.
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 the under
signed’s knowledge and belief,
the property located at 1028
Lake Vista Drive, Jefferson,
Jackson County, Georgia,
and the party in possession of
the property is Richey Homes,
LLC, or its tenant or tenants.
HABERSHAM BANK, as
Attorney-in-Fact for Richey
Homes, LLC
Thompson, O’Brien, Kemp &
Nasuti, P.C.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(SE9,16,23,30P4)
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 PAULA
DYER and ROBIN DYER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated September
25, 2006, in the amount of
$83,000.00, and recorded in
Deed Book 45-T, Page 655-
673, Jackson County, Georgia
Records, as last transferred
to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc. pur
suant to said deed and the note
thereby secured, has declared
the entire amount of said
indebtedness due and payable
and pursuant to the power of
sale contained in said deed, will
on the first Tuesday in 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 Miller
District, GMD 455, Jackson
County, Georgia, being 5.3428
acres, more or less, and being
more particularly shown on
that plat of survey for Bruce F.
Best, Jr. and Patricia G. Best,
prepared by James Robert
Cheatham, GRLS, dated
12/05/94, and recorded in Plat
Book 42, Page 195, Jackson
County, Georgia Records,
which plat is hereby referred to
and more a part hereof.
which has the property
address of 8293 Maysville
Road, Maysville, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold as
the property of Paula Dyer and
Robin Dyer and the proceeds
of said sale will be applied to
the payment of said indebted
ness, the expense of said sale,
all as provided in said deed,
and the undersigned will exe
cute a deed to the purchaser
as provided in the aforemen
tioned Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Paula Dyer
and Robin Dyer
Anthony DeMarlo, Attorney/
Iseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08139 /CONV
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
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by JAMES COUCH
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 27, 2007, in the
amount of $420,950.00, and
recorded in Deed Book 48-N,
Page 547, Jackson County,
Georgia Records, as last trans
ferred to National City Bank by
assignment, the undersigned,
National City Bank pursuant to
said deed and the 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 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
245th GMD, Jackson County,
Georgia, being Lot 31, Sterling
Lake at Jefferson, as per
plat recorded in Plat Book
66, Pages 171-174, Jackson
County, Georgia Records, said
plat being incorporated herein
by reference thereto.
which has the property
address of 448 Lakeside Ct.,
Jefferson, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of James
Couch 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
provided in the aforementioned
Security Deed.
National City Bank Attorney
in Fact for James Couch
Anthony DeMarlo, Attorney/
canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08758 /CONV
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/1325-40)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in the
payment of the indebt
edness secured by a
Security Deed executed by
CARL ROBERTSON TO
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated August 1, 2005, in
the amount of$260,000.00, and
recorded in Deed Book 39-Z,
Page 794, Jackson County,
Georgia Records, as last
transferred to EMC Mortgage
Corporation by assignment, the
undersigned, EMC Mortgage
Corporation 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
1704th District, G.M., Jackson
County, Georgia, Tract 1,
0.597 acres and Tract 2, 5.00
acres and being more particu
larly described and delineated
according to a plat and sur
vey prepared by W.T. Dunahoo
and Associates, certified by
Georgia Registered Surveyor
No. 1577, dated September
13, 2001, entitled Survey for
Dream River Investments, Inc.,
said plat being of record in the
Office of the Clerk of Superior
Court of Jackson County,
Georgia in Plat Book 57, Page
continued on following page