Newspaper Page Text
PAGE 16B
THE JACKSON HERALD
WEDNESDAY, DECEMBER 30, 2009
Public Notices Continued
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 Darlene M.H.
Smith and Terry E. Smith 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.
JPMorgan Chase Bank,
National Association Attorney
in Fact for Darlene M.H. Smith
and Terry E. Smith
Anthony DeMarlo, Attorney/
cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-14036 /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/1325-50)
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 CHARLES RAY
CANTRELLto TAYLOR, BEAN,
& WHITAKER MORTGAGE
CORP., dated May 19, 2000,
in the amount of $340,000.00,
and recorded in Deed Book
21-Q, Page 611, Jackson
County, Georgia Records
as last transferred to DLJ
MORTGAGE CAPITAL INC by
assignment the undersigned,
DLJ MORTGAGE CAPITAL
INC pursuant 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 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 GMD 1704,
Jackson County, Georgia,
as shown and delineated as
8.74 acres, more or less, on
a plat of survey for Charles
R. Cantrell and Glenda A.
Cantrell by W.T. Dunahoo and
Associates, dated June 29,
1998, which plat is recorded in
Jackson Plat Records as Plat
Book 52, Page 275, Jackson
County Plat Records, which
plat is incorporated herein by
reference for a more complete
description.
Also conveyed herewith is a
perpetual ingress/egress and
utility instillation and mainte
nance easement, as recorded
herewith.
which has the property
address of 3843 New Kings
Bridge Road, Nicholson,
Georgia, together with all fix
tures and other personal prop
erty 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 Charles Ray
Cantrell 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.
DLJ MORTGAGE CAPITAL
INC. Attorney in Fact for
Charles Ray Cantrell
Anthony DeMarlo, Attorney/
llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-17713/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.
(DC9,16,23,30B/1325-50)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia, County of Jackson
On November27,2007, JEFF
STANLEY and JENNIFER
STANLEY executed a Deed
to Secure Debt With Power
of Sale to HABERSHAM
BANK securing a note of
even date for NINETY-THREE
THOUSAND AND 00/100
DOLLARS ($93,000.00), said
security deed being recorded
in Deed Book 50-X, Pages
442-447, Jackson County
Records. Said security deed
conveyed the property herein
after described.
By virtue of the power of
sale contained in said secu
rity deed to First Citizens Bank
and Trust Company, Inc. there
will be sold by the undersigned
at public outcry to the high
est bidder for cash, before the
Jackson County Courthouse
door in Jackson County,
Georgia, during the legal hours
of sale, being 10 a.m. until 4
p.m. Eastern Time, on the first
Tuesday in January, the same
being January 5, 2010, the fol
lowing described property:
All that tract or parcel of land
lying and being in the 255th
District, G.M., Jackson County,
Georgia, containing -.26
acre, more or less, as shown
on survey and play entitled
“Boundary Survey for Danny
and Sherry Cowart”, made by
Venable & Associates, Inc.,
dated December 7, 1989 and
recorded in Plat Book 33,
Page 108, in the Office of the
Superior Court for Jackson
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
The debt secured by said
security deed and note has
been and is hereby declared
due and payable because of
default for non-payment as
required by the note and secu
rity deed. The debt having
been declared due and pay
able and remaining unpaid,
and the terms in the note and
security deed remaining in
default, this sale will be made
for the purpose of paying the
principal, accrued interest and
attorney’s fees pursuant to the
note and security deed, plus all
expenses of this sale.
Said property will be sold
as the property of Jeff Stanley
and Jennifer Stanley and sub
ject to outstanding ad valor
em taxes and/or easements
and/or restrictive covenants
appearing of record, if any.
The undersigned will comply
with Georgia law, O.C.G.A.
Section 44-14-162.2, prior to
conducting the sale.
To the best knowledge and
belief of the undersigned, equi
table title to said property is
now held by Jeff Stanley and
Jennifer Stanley.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with Debtor is Habersham
Bank, PO. Box 1980, Cornelia,
Georgia 30531, phone number
800-822-0316.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided in the
aforementioned deed to secure
debt to Habersham Bank.
Dated this 4th day of
December, 2009.
Habersham Bank Attorney-
in-fact for Jeff Stanley and
Jennifer Stanley
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Habersham
Bank
(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
secu red by a Secu rity Deed exe
cuted by CRYSTALL. MEALOR
and JOEY G. NICHOLS to
HOMEBANC MORTGAGE
CORPORATION, dated July
29, 2005, in the amount of
$126,300.00, and recorded in
Deed Book 40-I, Page 272,
Jackson County, Georgia
Records, as last transferred to
BAC Home Loans Servicing,
L.P. FKA Countrywide Home
Loans Servicing, L.P. by
assignment, the undersigned,
BAC Home Loans Servicing,
L.P. FKA Countrywide Home
Loans Servicing, L.P. 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 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 Minish GMD
255 District, Jackson County,
Georgia, being shown as Lot
(S) 74, Phase Four, Brentwood
Estates as recorded at Plat
Book 60, Page 111, Jackson
County, Georgia Records,
which said plat is incorporated
herein and made a part hereof
by reference.
which has the property
address of 342 Oliver Ridge
Drive, Commerce, 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 Crystal L.
Mealor and Joey G. Nichols
and the proceeds of said sale
will be applied to the payment
of said indebtedness, the
expense of said sale, all as
provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
BAC Home Loans Servicing,
L.R FKA Countrywide Home
Loans Servicing, L.R Attorney
in Fact for Crystal L. Mealor
and Joey G. Nichols
Anthony DeMarlo, Attorney/
smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-26548 /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/1325-50)
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 JAMES CHARLES
GLUTTING and SALISSA
JAWAN GLUTTING to ABN
AMRO MORTGAGE GROUP,
INC. in the original principal
amount of $250,150.00 dated
10/14/2004, and recorded in
Deed Book 36-M, Page 273,
Jackson County Records, 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 January,
2010 by CitiMortgage, Inc.,
successor by merger with ABN
AMRO Mortgage Group, Inc.,
as Attorney-in-Fact for James
Charles Glutting and Salissa
Jawan Glutting the following
described property:
All that tract or parcel of
land lying and being in the
1765 GMD, Jackson County,
Georgia, being Lot 15, Hunting
Hills Subdivision, as per plat
recorded in Plat Book 62,
Page 183-187, in the Office
of the Clerk of Superior Court
of Jackson County, Georgia
Records, which plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
Property known as: 20
Beagle Court, Braselton, GA
30517
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
James Charles Glutting and
Salissa Jawan Glutting.
CitiMortgage, Inc., suc
cessor by merger with ABN
AMRO Mortgage Group, Inc.,
as Attorney-in-fact for James
Charles Glutting and Salissa
Jawan Glutting.
This law firm is acting as
a debt collector attempting to
collect a debt, any information
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
Our File No. 09-6644
(DC9,16,23,30B/224-50)
gpnll
Notice of Sale
Notice of Sale Under Power of Attorney
Contained in Security Deed
Under and by virtue of
the power of sale con
tained in that Security Deed
from NADEZHDA KIOSA
and SERGEY KIOSA to
COMMUNITY BANK AND
TRUST, dated December 12,
2007, and recorded in Deed
Book 51-A, Page 212 (the
“Deed”), Jackson County,
Georgia Records, such Deed
being given to secure obliga
tions arising under: a Real
Estate Note dated December
12, 2007, made by Grantor in
the original principal amount
of $150,000.00 (the “Note”),
together with interest thereon
and other obligations as pro
vided in the Note and Deed
(collectively the “Debt”), there
will be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse door at Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in January, 2010, to
wit: January 5, 2010, the fol
lowing described property:
All that tract or parcel of land
lying and being in the 248th
District GMD, Jackson County,
Georgia, and being Tract 1
consisting of 2.50 acres,
more or less, Tract 2, con
sisting of 1.826 acres, more
or less, Tract 3, consisting of
2.00 acres, more or less, and
Tract 4, consisting of 0.700
acres, more or less, according
to a plat recorded in Plat Book
70, Page 170, Jackson County
Records, which plat is incorpo
rated herein and made a part
hereof by reference thereto for
a more complete description of
the property conveyed herein.
The debt is declared immedi
ately due and payable because
of, inter alia, default in the pay
ment of the Debt in the man
ner required by the Notes and
Deed. The Sale will be made
for the purpose of paying the
Debt and all expenses of the
Sale, including reasonable
attorney fee (notice of intention
to collect attorney’s fees has
been given). The sale shall be
subject to all restrictions, liens,
easements and encumbrances
of record, and all unpaid taxes
and assessments, if any, hav
ing priority over the Deed. To
the undersigned’s knowledge,
information and belief, Grantor
is in possession of but does
not occupy the property which
is known as Tracts 1,2,3 & 4,
Walnut Road, Hoschton, GA
30548.
Community Bank & Trust as
Attorney in Fact for Nadezhda
Kiosa and Sergey Kiosa.
Vince Fitzgerald
629 Dawsonville Highway
Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTAMPTING 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 in that certain Deed to
Secure Debtfrom BRASELTON
DEVELOPMENT GROUP,
INC. to STATE BANK AND
TRUST COMPANY, as succes
sor to SECURITY BANK OF
GWINNETT COUNTY d/b/a
HOMESTEAD BANK, dated
May 25, 2007, and record
ed in Deed Book 48-Y, Page
59, Jackson County, Georgia
Records (hereinafter referred
to as “Deed to Secure Debt”),
said Deed to Secure Debt
securing a Promissory Note
in the original principal sum of
ONE MILLION AND 00/100
DOLLARS ($1,000,000.00)
(“Note”), 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 highest 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 refer
ence. The debt secured by
said Deed to Secure Debt has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to make pay
ments on said Note. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorneys’ fees.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, easements, cov
enants, and matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, 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 or Parties in possession
of the property is Braselton
Development Group, Inc., or
a tenant or tenants, and said
property is more commonly
known as 3 AC New Liberty
Church Road, Braselton,
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.
State Bank and Trust
Company, as successor to
Security Bank of Gwinnett
County d/b/a Homestead
Bank
Attorneys in Fact for
Braselton Development Group,
Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forest Drive,
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of
land lying and being in Porter’s
GMD 1765, subject to matters
as shown on that plat depict
ing Liberty Crossing, Unit One,
recorded in Plat Book 68,
Pages 282-286, and revised
in Plat Book 68, Pages 290-
295, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence for a more complete
description of said property.
And
ALL that tract or parcel of
land, lying and being in Porters
G.M.D. (1765), in the Town
of Braselton, Jackson County,
Georgia, containing 3.07 acres
of land, more or less, and being
more particularly described as
follows:
Beginning at a point at
the northwesterly end of the
mitered Intersection of the
easterly margin of the right-
of-way of New Liberty Church
Road (right-of-way width var
ies) and the northerly margin of
Madison Avenue (right-of-way
width varies), being the TRUE
POINT OF BEGINNING;
thence along the easterly mar
gin of the right-of-way of New
Liberty Church Road the fol
lowing courses and distances:
27.76 feet along the arc of
a curve to the right having a
radius of 1242.97 feet, chord
bearing of North 10 degrees
31 minutes 48 seconds West,
and chord distance of 27.75
feet to a point; 320.68 feet
along the arc of a curve to the
left having a radius of 1413.24
feet, chord bearing of North 14
degrees 40 minutes 19 sec
onds West and chord distance
of 319.99 feet to an iron pin;
thence departing said right-of-
way North 42 degrees 15 min
utes 46 seconds East, 199.38
feet to an iron pin; thence
South 47 degrees 44 minutes
14 seconds East, 97.07 feet
to an iron pin; thence South
46 degrees 52 minutes 54
seconds East, 257.47 feet to
an iron pin; thence South 01
degree 37 minutes 50 seconds
East, 216.18 feet to an iron
pin on the northerly margin of
Madison Avenue; thence along
the margin of said right-of-way
the following courses and dis
tances: 32.77 feet along the
arc of a curve to the left having
a radius of 200.00 feet, chord
bearing of South 83 degrees 40
minutes 32 seconds West and
chord distance of 32.73 feet
to a point; South 78 degrees
58 minutes 54 seconds West,
123.49 feet to a point; 20.13
feet along the arc of a curve
to the left having a radius of
320.00 feet, chord bearing of
South 77 degrees 10 minutes
47 seconds West and chord
distance of 20.13 feet to a
point; South 75 degrees 22
minutes 40 seconds West,
96.58 feet to a point; thence
along the mitered intersection
with New Liberty Church Road
North 58 degrees 21 min
utes 30 seconds West, 55.30
feet to the TRUE POINT OF
BEGINNING.
This parcel is shown on a plat
entitled Final Plat for Unit One
of Liberty Crossing, prepared
by Development Consultants
Group, last revised 4/4/07.
Subject to matters as shown
on that plat depicting Liberty
Crossing, Unit One,
Recorded in Plat Book 68,
Pages 282-286, and revised
in Plat Book 68, Pages 290-
295, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence for a more complete
description of said property.
(DC9,16,23,30P4)
gpnll
Notice of Sale
Notice of Foreclosure Under Deed
to Secure Debt with Power of Sale
State of Georgia, County of Jackson
Because of default in the
payment of indebtedness evi
denced by a Promissory Note
dated DECEMBER 30, 2008,
in the original principal sum of
$3,534,716.00 (being a renewal
note of Note dated MARCH 1,
2005), said Note being secured
by a Deed to Secure Debt
executed by BRYCELAND
MANOR DEVELOPMENT,
LLC, as Grantor to GWINNETT
COMMUNITY BANK, as
Grantee, dated MARCH 1,
2005, filed for record MARCH
10, 2005 at 11:22 a.m. and
recorded at Deed Book 37-Z,
Pages 501-504, in the Office
of the Clerk of Superior
Court of JACKSON County,
Georgia, and because of said
default in the payment of the
indebtedness evidenced by
the Promissory Note dated
DECEMBER 30, 2008, and by
virtue of the fact that said Note
fully matured and became fully
due and payable on JUNE
30, 2009, and by virtue of
the fact that BRYCELAND
MANOR DEVELOPMENT,
LLC failed to pay the principal
and interest due on said Note
when said Note matured and
became fully due and payable,
GWINNETT COMMUNITY
BANK has determined to exer
cise its rights of foreclosure,
pursuant to the provisions
of the Deed to Secure Debt
referred to hereinabove.
GWINETT COMMUNITY
BANK will, pursuant to the
power of sale contained in
said Deed to Secure Debt,
sell at public outcry on the first
Tuesday in JANUARY, 2009,
during the legal hours of sale
before the Courthouse door in
JACKSON County, Georgia to
the highest and best bidder for
cash the property described
in said Deed to Secure Debt,
to-wit:
ALL THAT TRACT OR
PARCEL OF LAND lying
and being in the 245th GMD,
Jackson County, Georgia,
being 66.865 acres, more or
less, and being more particu
larly described and delineated
within a plat and survey filed
March 2, 2004 and recorded
in Plat Book 62, Page 200,
Jackson County, Georgia
Records, which plat is incorpo
rated herein by reference for a
more complete description.
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 to confirmation that the
sale is not prohibited under the
U.S. Bankruptcy Code.
Notice has been given as
required by law of the intention
to enforce provisions for the
collection of attorney’s fees and
costs of foreclosure in accor
dance with legal requirements
and the terms of the above
Note and Deed to Secure Debt
securing said Note.
Said property will be sold as
the property of BRYCELAND
MANOR DEVELOPMENT,
LLC. The proceeds of said
sale will be used to pay the
continued on following page