Newspaper Page Text
PAGE 12C
THE JACKSON HERALD
WEDNESDAY, SEPTEMBER 23, 2009
Public Notices Continued
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 KANHAI GARIB
and HULSEY GARIB to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. (“MERS”) as NOMINEE
FOR FIRST BANK, dated
04/25/2007, and Recorded
on 05/08/2007, as Book No.
48-0 and Page Nos. 255-275,
JACKSON County, Georgia
records, as last assigned to
LPP MORTGAGE LTD, by
assignment, conveying the
after-described property to
secure a Note of even date in
the original principal amount
of $327,077.00, 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 G.M.D. 428
and 1691, Jackson County,
Georgia, being Lot 16, Block
A, of Hidden Oaks Subdivision,
as per plat thereof recorded
in Plat Book 66, Pages 253-
255, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
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 having
been given).
The entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: BAC
HOME LOANS SERVICING,
LP FKA COUNTRYWIDE
HOME LOANS SERVICING,
LP, PTX-C-32, Foreclosure
7105 CORPORATE, PLANO,
TX 75024, 800-669-6650.
Please understand that the
secured creditor is not required
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
To the best knowledge and
belief of the undersigned,
the party/parties in posses
sion of the subject property
known as 397 HIDDEN TRAIL,
PENDERGRASS, GEORGIA
30567 is/are: KANHAI GARIB
and HULSEY GARIB or tenant/
tenants.
Said property will be sold
subject to (a) any outstand
ing 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.
LPP MORTGAGE LTD as
Attorney in Fact for KANHAI
GARIB AND HULSEY GARIB.
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
20090031407512
BARRETT, DAFFIN &
FRAPPIER, L.L.P. 4004
Beltline, Building 2, Suite 100,
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
(SE9,16,23,30P4)
Help Keep
Jackson County
Beautiful!
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 Commercial Deed
to Secure Debt and Security
Agreement from JOHN J.
ANDERSON and LAURA J.
ANDERSON (“Grantors”) to
ATHENS FIRST BANK, pre
decessor in interest by virtue of
merger with PINNACLE BANK
(“Grantee”), dated December
22, 2004, filed and recorded
December 27, 2004, in Deed
Book 37-D, Page 405, Jackson
County, Georgia Records (the
“Security Deed”), conveying
the after-described property to
secure that certain Universal
Note dated December 22,
2004, from Grantors payable
to Grantee in the original prin
cipal amount of SIXTY FOUR
THOUSAND ONE HUNDRED
THIRTY NINE AND 50/100
DOLLARS ($64,139.50), with
interest thereon as set forth
therein (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
with all improvements there
on, lying and being in the City
of Nicholson, 253rd G.M.D.,
Jackson County, Georgia,
being shown as Lot 4 of “Hawks
Landing of Jackson”, according
to a plat dated September 10,
1992, and recorded in Plat Book
35, Page 226, in the records of
the Clerk of Superior Court for
Jackson County, Georgia, said
plat being incorporated herein
by reference for a more par
ticular description.
Together with all improve
ments located thereon, includ
ing that certain 1994 Fleetwood
Oak Knoll doublewide manu
factured home bearing man
ufacturer’s serial number
GEO782740 and GE0782741,
which is located on and affixed
to the above referenced prop
erty.
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 pay the
indebtedness as and when due
and in the manner provided in
the Note. The debt remain
ing in default, 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 is located at 84
Hawks Court, Nicholson,
Jackson County, Georgia,
and the party in possession of
the property is John J. Anderson
and Laura J. Anderson, or their
tenant or tenants.
PINNACLE BANK, as
Attorney-in-Fact for John
J. Anderson and Laura J.
Anderson
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
State of Georgia, County of Jackson
By virtue of the power of sale
contained in that certain Deed
to Secure Debt from DOUBLE
BRIDGES FARMS, INC. to
BRANCH BANKING AND
TRUST COMPANY, as succes
sor to MAIN STREET BANK,
dated August 30, 2005, and
recorded in Deed Book 40-S,
Page 504, Jackson County,
Georgia Records (hereinafter
referred to as “Deed to Secure
Debt”), said Deed to Secure
Debt securing a Promissory
Note (“Note”) in the original
principal sum of FIVE MILLION
ONE HUNDRED FORTY
THOUSAND AND 00/100
DOLLARS ($5,140,000.00),
with interest from said date at
the rate stated in said Note
on the unpaid balance until
paid, there will be sold by the
undersigned at public out
cry to the highest bidder for
cash before the Courthouse
at Jackson County, Georgia,
within the legal hours of sale
on Tuesday, October 6, 2009,
the property described on
Exhibit “A” attached hereto and
incorporated herein by refer
ence. The debts secured by
said Deed to Secure Debt have
been and are hereby declared
due and payable because of,
among other possible events
of default, failure to make pay
ments on said Note. The debts
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, including
attorney’s fees.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
zoning ordinances, restric
tions, easements, covenants,
and matters of record superior
to the Deeds to Secure Debt
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 Double Bridges Farms,
Inc. or a tenant or tenants,
and said property is more com
monly known as PORTIONS
OF HERITAGE POINT
SUBDIVISION, JACKSON
COUNTY, GEORGIA.
However, please rely only on
the legal description contained
in this notice for the location of
the property. Please be advised
that the said legal description
includes plotted lots and other
areas and the undersigned
reserves the right to sell said
lots and other areas separately
or together.
Branch Banking and Trust
Company Attorney in Fact for
Double Bridges Farms, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive,
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of
land lying and being in Georgia
Militia District 248, Jackson
County, Georgia and being
more particularly described as
follow:
BEGINNING at a 1/2 inch
rebar found located on the
westerly right of way of Georgia
Highway No. 124 (having an
apparent right of way of 100
feet) 902.20 southeasterly from
the intersection of said right
of way and the right of way
of Georgia Highway No. 332
(having an 80’ right of way);
running thence along the right
of way of Georgia Highway
No. 124 and the arc of a radi
us curve having an arc dis
tance of 384.55 feet, a radius
of 1689.18 feet with a chord
bearing South 46 degrees 52
minutes 09 seconds east a
chord distance of 383.72 to
a point; running thence along
the arc of a radius curve hav
ing an arc distance of 266.00
feet, a radius of 1722.70 feet,
with a chord bearing South
39 degrees, 24 minutes, 41
seconds east a chord distance
of 265.74 feet to an iron pin
found; leaving said right of
way running thence South 59
degrees 06 minutes 43 sec
onds west a distance of 234.19
feet to an iron pin found; run
thence South 35 degrees 09
minutes 24 seconds east a
distance of 152.43 feet to an
iron pin found; running thence
South 58 degrees 31 minutes
04 degrees 19.82 feet to an
iron pin found; running thence
South 38 degrees 50 minutes
30 seconds east a distance of
186.28 feet to a point; running
thence North 52 degrees 50
minutes 26 second east a dis
tance of 216.67 feet to an iron
pin found located on the right
of way of Georgia Highway No.
124; running thence along said
right of way South 26 degrees
15 minutes 24 seconds east
a distance of 60.81 feet to an
iron pin set; leaving said right of
way and running thence South
50 degrees 17 minutes 54 sec
onds west a distance of 186.65
feet to an iron pin set; running
thence South 53 degrees 47
minutes 32 seconds west a
distance of 91.70 feet to an iron
pin set; running thence South
39 degrees 43 minutes 54 sec
onds east a distance of 280.28
feet to an iron pin set; running
thence South 39 degrees 43
minutes 54 seconds east a
distance of 32.35 feet to an
iron pin set; running thence
South 47 degrees 44 minutes
09 seconds west a distance
of 494.75 feet to an iron pint
set; running thence South 18
degrees 21 minutes 53 second
west a distance of 152.93 feet
to an iron pin set; running
thence South 54 degrees 19
minutes 49 seconds west a
distance of 364.11 feet to an
iron pin set; running thence
South 16 degrees 23 minutes
16 second east a distance
of 251.69 feet to an iron pin
found; running thence South
47 degrees 47 minutes 08 sec
ond west a distance of 502.79
feet to an iron pin found; run
ning thence North 72 degrees
29 minutes 26 seconds west
a distance of 1532.00 feet to
centerline of creek being the
property line (1485.34 feet to
computed traverse line with
an iron pin set 46.3 feet from
centerline of creek) property
line runs 2110.00 feet north
east along centerline of creek
and traverse line commences
at aforereferenced iron pin
set; running thence North 29
degrees 03 minutes 58 sec
onds east a distance of 232.86
feet to a point; running thence
North 24 degrees 15 minutes
17 seconds east a distance
of 279.91 feet; running thence
North 22 degrees 42 minutes
00 seconds east a distance
of 263.31 feet; running thence
North 49 degrees 29 minutes
16 seconds east a distance
of 308.98 feet; running thence
north 46 degrees 09 minutes
17 seconds east a distance
of 349.02 feet to a point run
ning thence North 49 degrees
32 minutes 11 seconds east a
distance of 354.82 feet and the
end of said traverse line; run
ning thence North 47 degrees
56 minutes 26 seconds east
a distance of 975.71 feet to a
1/2 inch rebar and the POINT
OF BEGINNING; said prop
erty being Tract One having
74.064 acres to centerline of
creed (72.495 acres to tra
verse) according to that certain
boundary survey for VictorTract
- S.R. 124 by Development
Consulting Group, Donald G.
Holland, G.R.L.S. No. 2637,
dated February 12, 2004.
LESS AND EXCEPT:
ALL that tract or parcel of
land, lying and being in G.M.D.
248, Jackson County, Georgia,
containing 4.064 acres of land,
more or less, and being more
particularly described as fol
lows:
Beginning at a point at the
intersection of the centerline
of Georgia Highway No. 332
and the southwesterly margin
of the 100-foot right-of-way
of Georgia Highway No. 124;
thence along the southwesterly
margin of the 100-foot right-of-
way of Georgia Highway No.
124 1082.1 feet in a south
easterly direction to an iron
pin, being the TRUE POINT
OF BEGINNING; thence con
tinuing along the margin of
said right-of-way 244.59 feet
along the arc of a curve to
the right having a radius of
1689.18 feet, chord distance
of 244.38 feet and chord bear
ing of South 44 degrees 29
minutes 43 seconds East to
an iron pin; thence continuing
along said right-of-way 215.82
feet along the arc of a curve
to the right having a radius of
1722.70 feet, chord distance
of 215.68 feet and chord bear
ing of South 40 degrees 14
minutes 46 seconds East to an
iron pin; thence departing said
right-of-way South 59 degrees
06 minutes 43 seconds West,
221.24 feet to an iron pin;
thence North 68 degrees 40
minutes 26 seconds West,
83.24 feet to an iron pin; thence
North 47 degrees 01 minutes
43 seconds West, 179.66 feet
to an iron pin; thence 150.91
feet along the arc of a curve
to the right having a radius of
240.00 feet, chord distance of
148.43 feet and chord bearing
of North 35 degrees 47 min
utes 56 second East to an iron
pin; thence North 53 degrees
48 minutes 43 seconds East,
136.45 feet to an iron pin;
thence 63.37 feet along the
arc of a curve to the left having
a radius of 240.00 feet, chord
distance 63.18 feet and chord
bearing of North 46 degrees
14 minutes 53 seconds East
to an iron pin; thence North 38
degrees 41 minutes 04 sec
onds East, 74.08 feet to an iron
pin; thence North 84 degrees
46 minutes 28 seconds East,
41.64 feet to the TRUE POINT
OF BEGINNING.
LESS AND EXCEPT:
All that tract or parcel of land
lying and being in Randolph’s
General Militia District No. 248
of Jackson County, Georgia,
being more particularly
described as Block “B”, Lots
64-75, Inclusive, Block “C”,
Lots 31-56, Inclusive and Block
“C”, Lots 58-59 on that Final
Plat for Heritage Point at Plat
Book 66, Page 180, Office of
the Clerk of the Superior Court
of Jackson County, Georgia.
LESS AND EXCEPT:
All that tract or parcel of land
lying and being in Randolph’s
General Militia District No. 248
of Jackson County, Georgia,
being Lot 62, Block B, Final
Plat for Heritage Point, as per
plat recorded in Plat Book 66,
page 180, Jackson County
Records, said plat being incor
porated herein by reference
thereto.
LESS AND EXCEPT:
All that tract or parcel of land
lying and being in GMD 248,
Jackson County, Georgia being
Lots 7, 8, 12, Block B, and Lot
20, Block C, Heritage Point
Subdivision, as per plat record
ed in Plat Book 66, Pages ISO-
182, Jackson County, Georgia
records, which plat is incorpo
rated herein and made a part
of this description.
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of a Power of
Sale contained in that certain
Security Deed from TIMOTHY
L. BURKE and MARY S.
BURKE to BRANCH BANKING
AND TRUST COMPANY,
dated July 09, 2008, recorded
July 15, 2008, in Deed Book
52-V, Page 787, Jackson
County, Georgia Records, said
Security Deed having been
given to secure a Note of even
date in the principal amount
of TWO HUNDRED THIRTY-
EIGHT THOUSAND SEVEN
HUNDRED TWENTY-THREE
DOLLARS AND NO CENTS
($238,723.00), with interest
thereon as provided for 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, all property described in
said Security Deed including
but not limited to the following
described property:
All that tract or parcel of land
lying and being in the 245th and
248th District, Jackson County,
Georgia, being Lot 29 and 30,
Pod P of Traditions of Braselton
Subdivision, as per plat record
ed in Plat Book 64, Pages ISO-
152, Jackson County, Georgia
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 because of default under
the terms of said Security Deed
and Note, including but not
limited to the nonpayment of
the indebtedness as and when
due. The indebtedness remain
ing in default, this sale will be
made for the purpose of paying
the same, all expenses of the
sale, including attorneys’ fees
and all other payments pro
vided for under the terms of the
Security Deed and Note. Said
property will be sold subject to
the following items which may
affect the title to said property:
all zoning ordinances; matters
which would be disclosed by
an accurate survey or by an
inspection of the property; any
outstanding taxes, including
but not limited to ad valorem
taxes, which constitute liens
upon said property; special
assessments; all outstanding
bills for public utilities which
constitute liens upon said prop
erty; all restrictive covenants,
easements, rights-of-way and
any other matters of record
superior to said Security Deed.
To the best of the knowl
edge and belief of the under
signed, the party in possession
of the property is Timothy L.
Burke and Mary S. Burke or
tenant(s).
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the Security
Deed, Branch Banking and
Trust Company as Attorney in
Fact for Timothy L. Burke and
Mary S. Burke.
Contact: Patrick J. Geheren,
Esq.
1535 Mount Vernon Road,
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS
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
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 LARRY G. GOOCH to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated September 13,
2005, recorded in Deed Book
40-R, Page 258, Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of FIVE HUNDRED FORTY
THOUSAND AND 0/100
DOLLARS ($540,000.00),
with interest thereon as set
forth therein, 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:
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 matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of
record superior to the Security
Deed first set out above.
The entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Wells
Fargo Home Mortgage, Inc.,
PO Box 10335, Des Moines,
IA 50306, 1-800-416-1472.
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 prop
erty is Larry G. Gooch or a ten
ant or tenants and said prop
erty is more commonly known
as 2008 Davenport Road,
Braselton, Georgia 30517.
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.
as Attorney in Fact for
Larry G. Gooch
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ljr 10/6/09
Our file no. 52597409-FT5
EXHIBIT A
All that tract or parcel of land
lying and being in G.M.D. 1765,
Jackson County, Georgia, con
taining 5.76 acres, more or
less, according to a plat of
survey prepared by Venable
& Associates, Inc., by Allen L.
Venable, Georgia Registered
Land Surveyor No. 1761,
dated November 11, 1993, and
recorded in Plat Book 41, Page
173, Jackson County, Georgia
plat records. Said plat is herein
incorporated by reference and
referred to for a more complete
and accurate description.
(SE9,16,23,30B/12062-60T1P)
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 COREY L. MCCLURE
and SHALA MCCLURE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated July 15, 2008,
recorded in Deed Book
0052-X, Page 0567, Jackson
County, Georgia Records,
as last transferred to GMAC
Mortgage, LLC 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
EIGHTY-ONE THOUSAND
TWO HUNDRED SEVENTY-
NINE AND 0/100 DOLLARS
($181,279.00), with interest
thereon as set forth therein,
there will be sold at public out
cry to the highest bidder for
cash before the Courthouse
continued on following page