Newspaper Page Text
WEDNESDAY, DECEMBER 30, 2009
THE JACKSON HERALD
PAGE 11B
Public Notices Continued
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 January
2010, 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 248th
District, G.M., Jackson County,
Georgia, being Lot 4, Pod
R, Traditions of Braselton
- Phase 2 Subdivision, as
per plat thereof recorded in
Plat Book 66, Pages 48-53,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
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
remaining 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
provided 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 ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills
for public utilities which con
stitute 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 knowledge
and belief of the undersigned,
the party in possession of the
property is Lidia Ciobanu and
lonica Ciobanu 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 Lidia Ciobanu and
lonica Ciobanu.
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.
(DC9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the power of sale
contained inthat certain Georgia
Security Deed & Security
Agreement from RONALD E.
MILLER & JOANNE YEAGER
to BRANCH BANKING AND
TRUST COMPANY, dated July
27, 2006, and recorded in Deed
Book45-B, Page 188, Jackson
County, Georgia Records
(hereinafter referred to as
“Deed to Secure Debt”), said
Deed to Secure Debt secur
ing a Promissory Note (“Note”)
in the original principal sum
of SEVEN HUNDRED FIFTY
THOUSAND AND 00/100
DOLLARS ($750,000.00), 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 outcry to the high
est bidder for cash before the
Courthouse at Jackson County,
Georgia, within the legal hours
of sale on Tuesday, January 5,
2010, the property described
on Exhibit “A” attached hereto
and incorporated herein by ref
erence. The debts secured
by said Deed to Secure Debt
have been and are hereby
declared due and payable
because of, among other pos
sible events of default, failure
to make payments 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
property is Ronald E. Miller
& Joanne Yeager or a ten
ant or tenants, and said prop
erty is more commonly known
as 828 HIGHWAY 124 W.,
JEFFERSON, 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, if the property
contains multiple lots or par
cels, the undersigned reserves
the right to sell the properties
separately or together.
Branch Banking and Trust
Company
Attorney in Fact for Ronald
E. Miller & Joanne Yeager
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, together with improve
ments thereon, situate, lying
and being in G.M.D. 245 of
Jackson County, Georgia con
sisting of 95.566 acres, more
or less, shown on survey pre
pared for Ronald E. Miller and
Joanne Yeager by Venable &
Associates, Inc. dated July 24,
2006, which plat is incorporat
ed herein by reference. Said
property is more particularly
described according to said
plat as follows:
Beginning at a 1/2 inch rebar
found on the northerly right of
way of Georgia Highway 124
(having a 100 foot right of way),
which 1/2 inch rebar found
is located North 39 degrees
24 minutes 08 seconds West
2167.07 feet from the cen
terline intersection of Georgia
Highway 124 and Deerfield
Way; thence along said right of
way North 53 degrees 14 min
utes 24 seconds West 574.87
feet to a 1/2 inch rebar found;
thence leaving said right of way
North 42 degrees 10 minutes
18 seconds East 447.94 feet
to a nail found; thence North
56 degrees 40 minutes 25 sec
onds West 346.62 feet to 1/2
inch rebar found; thence North
33 degrees 14 minutes 50 sec
onds East 766.56 feet to a 1/2
inch rebar found; thence North
24 degrees 15 minutes 44 sec
onds West 409.79 feet to a
5/8 inch rebar found; thence
North 53 degrees 41 minutes
43 seconds East 1346.74
feet to a point on the center-
line of Middle Oconee River;
thence along the centerline of
Middle Oconee River the fol
lowing courses and distances:
South 42 degrees 14 minutes
55 seconds East 652.85 feet
to a point; South 45 degrees
02 minutes 01 second East
167.15 feet to a point; South
35 degrees 52 minutes 05
seconds East 140.02 feet to
a point; South 41 degrees
05 minutes 29 seconds East
129.81 feet to a point; South
43 degrees 18 minutes 14 sec
onds East 97.28 feet to a point;
South 40 degrees 33 minutes
19 seconds East 255.77 feet
to a point; South 40 degrees
52 minutes 40 seconds East
332.58 feet to a point; South
40 degrees 06 minutes 41
seconds East 158.11 feet to
a point; South 39 degrees
44 minutes 04 seconds East
36.51 feet to a point; thence
leaving the centerline of
Middle Oconee River South 50
degrees 01 minute 55 seconds
West 2284.98 feet to a 1/2 inch
rebar found; thence North 19
degrees 51 minutes 48 sec
onds East 485.04 feet to a 5/8
inch rebar found; thence North
72 degrees 37 minutes 08 sec
onds West 224.61 feet to a 3/4
inch pipe found; thence along
the centerline of a branch the
following chord courses and
distances: South 43 degrees
27 minutes 25 seconds West
16.10 feet; South 25 degrees
27 minutes 46 seconds West
18.73; South 35 degrees 31
minutes 26 seconds West
35.92 feet; South 02 degrees
55 minutes 53 seconds West
27.85 feet; South 27 degrees
39 minutes 51 seconds West
29.88 feet; South 47 degrees
39 minutes 23 seconds West
23.92 feet; South 35 degrees
44 minutes 41 seconds West
32.34 feet; South 18 degrees
47 minutes 43 seconds West
30.48 feet; South 32 degrees
58 minutes 20 seconds West
28.32 feet; South 76 degrees
11 minutes 33 seconds
West 9.00 feet to a 1/2 inch
rebar found; thence North 52
degrees 02 minutes 51 sec
onds West 173.15 feet to a 1 /2
inch rebar found; thence South
39 degrees 15 minutes 10 sec
onds West 197.61 feet to a 1/2
inch rebar found, which 1/2
inch rebar found is the Point of
Beginning.
(DC9,16,23,30P4)
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
Real Estate Deed to Secure
Debt from BRASELTON
PROPERTIES, LLC to STATE
BANK & TRUST COMPANY
as successor to SECURITY
BANK OF BIBB COUNTY
dated July 19, 2007, and
recorded in Deed Book 49-L,
Page 543, Jackson County,
Georgia Records (hereinafter
referred to as “Deed to Secure
Debt”), said Deed to Secure
Debt securing a Promissory
Note (“Note”) in the origi
nal principal sum of THREE
MILLION THREE HUNDRED
SEVENTY FIVE THOUSAND
AND 00/100 DOLLARS
($3,375,000.00), with interest
from said date at the rate stat
ed in said Note on the unpaid
balance until paid, there will
be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse at Jackson County,
Georgia, within the legal hours
of sale on Tuesday, January 5,
2010, the property described
on Exhibit “A” attached hereto
and incorporated herein by ref
erence. The debts secured
by said Deed to Secure Debt
have been and are hereby
declared due and payable
because of, among other pos
sible events of default, failure
to make payments 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 Braselton Properties,
LLC or a tenant or tenants,
and said property is more
commonly known as 8154
Highway 124, BRASELTON,
JACKSON COUNTY,
GEORGIA. However, please
rely only on the legal descrip
tion contained in this notice
for the location of the prop
erty. Please be advised that,
if the property contains mul
tiple lots or parcels, the under
signed reserves the right to
sell the properties separately
or together.
State Bank and Trust
Company Attorney in Fact for
Braselton Properties, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive,
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
TRACT ONE: All that tract or
parcel of land lying and being
in the 248th District, G.M.,
Jackson County, Georgia,
being shown as Tract One, con
sisting of 21.572 acres, more
or less, and being more par
ticularly described and delin
eated within a Plat of Survey
entitled “Boundary Survey
for Gary Crow,” prepared by
Venable & Associates, Inc.,
certified by Daniel W. Venable,
dated March 20, 2006, revised
February 5, 2007 and record
ed February 6, 2007 at Plat
Book 68 at Page 295, Jackson
County, Georgia Records;
which said plat and the record
ing thereof are hereby incorpo
rated herein by reference for
a more detailed description of
the property.
And
TRACT TWO: All that tract or
parcel of land lying and being
in the 248th District, G.M.,
Jackson County, Georgia,
being shown as Tract Two, con
sisting of 21.132 acres, more
or less, and being more par
ticularly described and delin
eated within a Plat of Survey
entitled “Boundary Survey
for Gary Crow,” prepared by
Venable & Associates, Inc.,
certified by Daniel W. Venable,
dated March 20, 2006, revised
February 5, 2007 and record
ed February 6, 2007 at Plat
Book 68 at Page 295, Jackson
County, Georgia Records;
which said plat and the record
ing thereof are hereby incorpo
rated herein by reference for
a more detailed description of
the property.
(DC9,16,23,30P4)
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 exe
cuted by JEFFERY D. POPE
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated February 28, 2005,
in the amount of $81,000.00,
and recorded in Deed Book
37-Z, Page 698, Jackson
County, Georgia Records, as
last transferred to Mortgage
Electronic Registration
Systems, Inc. by assignment,
the undersigned, Mortgage
Electronic Registration
Systems, Inc. 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 January,
2010, 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 257th
District, G.M., Jackson County,
Georgia, encompassing 2.50
acres, more or less, as shown
in a plat of survey entitled
Boundary Survey for Cynthia
J. Crane, prepared by Venable
& Associates, Inc., certified by
Allen L. Venable, Jr., Georgia
Registered Surveyor No. 1761,
dated November 25, 1997, and
being or record in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia,
in Plat Book 51, Page 217,
which said plat and the record
ing thereof are by reference
incorporated herein for a more
complete and detailed descrip
tion.
Also conveyed in a
1991 Augustan II Mobile
Home, manufacturers ID
No. GBHME13067A and
GBHME13067B. The Grantor/
Borrower represents, cov
enants and agrees that the
mobile home located on the
land is to remain on the land
and has been permanently
affixed to the land described
herein so as to become a part
of the real property.
which has the property
address of 2886 Brockton
Road, 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 Andra Pope
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.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Jeffery D.
Pope
Anthony DeMarlo, Attorney/
kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-07143 /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.
(DC9,16,23,30B/1325-60)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the power of
sale contained in the Security
Deed by and between ERIC
MCNEAL, (“Borrower”) to
NBANK, N.A., (“Lender”) dated
October 4, 2004, and recorded
in Deed Book 36-J, Page 796,
Jackson County Records con
veying the realty described on
Exhibit “A” attached hereto as
collateral for the debt in the
principal amount of $89,165.00
together with all late fees and
interest from dates of execu
tion at the rates provided
therein on the unpaid bal
ance; there will be sold by the
undersigned at public outcry
to the highest bidder for cash
before the courthouse door at
Jackson County Georgia, with
in the legal hours of sale on
the first Tuesday of January,
2009, the realty in the 245th
and 248th Districts, Jackson
County, Georgia, being more
completely described as fol
lows:
EXHIBIT A
All that tract or parcel of land
lying and being in the 245th
and 248th District, Jackson
County, Georgia being Lot 56,
Pod N, Traditions of Braselton
Subdivision as per plat record
ed in Plat Book 64, page ISO-
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.
Said property is subject to
other easements, restrictions,
reservations, and rights-of-way
of record, if any.
The debt secured by said
Security Deed has been and is
hereby declared due and pay
able because, among other
possible events of default, of
the Borrower’s failure to pay
the interest and principal when
due. The debt 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),
and any matters which might
be disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, 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 Grantee, the party in
possession of the property is
Borrower or a tenant or ten
ants.
First Covenant Bank As
Attorney In Fact For Eric
McNeal
/s/ Dylan E. Wilbanks
Dylan E. Wilbanks
Wilbanks Law Firm, RC.
1237 S. Elm Street, Suite B
Commerce, GA 30529
PHONE: 706-335-2355
FAX: 706-243-6464
(DC9,16,23,30P4)
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 JOELT.
KEITH and JENNIFER ROPER
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated February 2, 2007,
recorded in Deed Book 47-K,
Page 562, Jackson County,
Georgia Records, as last
transferred to Saxon Mortgage
Services, Inc. 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
NINETY THOUSAND FOUR
HUNDRED AND 0/100
DOLLARS ($190,400.00),
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 January, 2010, 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
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, 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: Saxon Special Servicing,
4709 Mercantile Drive North,
Fort Worth, TX 76137, 888-
325-3502. 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
property is Joel T. Keith and
Jennifer Roper or a tenant or
tenants and said property is
more commonly known as 606
Gold Crest Drive, 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.
Saxon Mortgage Services,
Inc. as Attorney in Fact for Joel
T. Keith and Jennifer Roper
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 1/5/10
Our file no. 53344409-FT7
EXHIBIT “A”
All that tract or parcel of
land lying and being in Porters
GMD 1765, Jackson County,
Georgia, and being Lot 73,
Liberty Crest "North”, as per
plat thereof recorded in Plat
Book 50, Pages 239-241, of
the public records of Jackson
County, Georgia, which plat is
hereby referred to an made a
part hereof by reference.
(DC9,16,23,30B/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 con
tained in a Security Deed
given by MARY METZ to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated March 19, 2007,
recorded in Deed Book 47-Y,
Page 592, Jackson County,
Georgia Records, as last trans
ferred to BAC Home Loans
Servicing, LP fka Countrywide
Home Loans Servicing LP by
assignment recorded in Deed
Book 55-Z, Page 185, Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of ONE HUNDRED SIXTY-
ONE THOUSAND EIGHT
HUNDRED FORTY AND 0/100
DOLLARS ($161,840.00), 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 January, 2010, 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
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, encum
brances, 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: Bank
of America, 177 Countrywide
Way, Mail Stop: CAO-911-01-
05, Lancaster, CA93536, (661)
951-5722. 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
property is Mary Metz or a ten
ant or tenants and said prop
erty is more commonly known
as 9512 Rushmore Cir.,
Braselton, Georgia 30517.
The sale will be conducted
continued on following page