Newspaper Page Text
WEDNESDAY, DECEMBER 30, 2009
THE JACKSON HERALD
PAGE 17B
Public Notices Continued
expenses of said sale, includ
ing attorney fees and to pay the
sum secured by said Deed to
Secure Debt with the excess,
if any, to be paid to such other
persons entitled to the same
as provided by law.
This is a commercial acqui
sition and development loan
not intended as the residence
of the Borrower.
To the best of the knowledge
of the undersigned, the party
in possession of the proper
ty is BRYCELAND MANOR
DEVELOPMENT, LLC.
The undersigned, as Attorney
in Fact for BRYCELAND
MANOR DEVELOPMENT,
LLC will execute a deed to
the purchaser at said sale as
provided in the aforesaid Deed
to Secure Debt.
GWINNETT COMMUNITY
BANK, as Attorney in Fact
for BRYCELAND MANOR
DEVELOPMENT, LLC
By: W. PAUL KESMODEL,
JR. as Attorney forGWINNETT
COMMUNITY BANK
W. Paul Kesmodel, Jr., PC.
Attorney at Law
Post Office Box 2050
Duluth, Georgia 30096
770-476-5268 (Phone)
770-497-9416 (Fax)
File: 16795
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
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 a Power
of Sale contained in that
certain Mortgage from
RAYMOND J. DALTON
III to 21 ST MORTGAGE
CORPORATION, dated March
16, 2007, and recorded in
Deed Book 48-I, Page 3, in the
Office of the Clerk of Superior
Court of Jackson County,
Georgia, said Mortgage hav
ing been given to secure a
Note dated, March 16, 2007,
in the original principal amount
of SEVENTY SIX THOUSAND
SIX HUNDRED SEVENTY
AND 12/100 DOLLARS
($76,670.12) with interest
thereon as provided therein,
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 of January
2010, regarding the following
described property:
All that tract or parcel of
land lying and being in the
465th (Wilson) District, G.M.,
Jackson County, Georgia and
being shown and delineated
on a plat prepared by Dwight
Kilby, Georgia Registered
Land Surveyor, dated July 9,
1981, said tract containing 2.26
acres, more or less, said plat
being recorded in the Office of
the Clerk of Superior Court of
Jackson County, Georgia, in
Plat Book 18, Page 122, which
plat is incorporated herein by
reference and made a part of
this description.
Said property is commonly
known as 1530 Unity Church
Circle, Maysville, GA 30558.
The indebtedness secured
by said Mortgage has been
and is hereby declared due
because of default under
the terms of said Mortgage
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 attorney’s
fees and all other payments
provided for under the terms of
the Mortgage and Note.
Said property will be sold
subject to the following items
which may effect the title of
said property; zoning ordi
nances, 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 property; all restric
tive covenants, easements,
rights-of-way and any other
matters of record superior to
said Mortgage. To the best
of the knowledge and belief
of the undersigned, the party
in possession of the property
is Raymond J. Dalton III or
tenant(s).
21st Mortgage Corporation
as Attorney-in-Fact for
Raymond J. Dalton
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd.,
Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
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 in that cer
tain Deed to Secure Debt
and Security Agreement from
HAMILTON HOMES, LLC, a
Georgia limited liability com
pany (“Grantor”), to AMERIS
BANK, SUCCESSOR IN
INTERST TO THE FEDERAL
DEPOSIT INSURANCE
CORPORATION, AS
RECEIVER FOR AMERICAN
UNITED BANK (“Grantee”),
recorded February 14, 2005
in Deed Book 37-R, Page
672, Jackson County, Georgia
Superior Court Records,
as modified by that certain
Modification of Security Deed,
recorded March 2, 2007 in
Deed Book 47-S, Page 194,
aforesaid records, as fur
ther modified by that certain
Modification of Security Deed,
recorded February 19, 2008,
in Deed Book 51-N, Page 338,
aforesaid records (said Deed
to Secure Debt and Security
Agreement as may have been
further modified, amended and
assigned from time to time,
hereinafter referred to collec
tively as the “Security Deed”),
said Security Deed being given
to secure the payment of a Real
Estate Note dated February
11, 2005, made by Grantor
to the order of Grantee in the
original principal amount of
FIVE HUNDRED FIFTY-FIVE
THOUSAND SIX HUNDRED
SIXTY AND 00/100 DOLLARS
($555,660.00), with interest
from the date thereof at the
rate specified therein, (said
Real Estate Note, as renewed,
modified and assigned from
time to time, hereinafter
referred to collectively as the
“Note”), as subsequently modi
fied to $245,493.04, together
with all other amounts payable
by Grantor to Grantee, 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 of January, 2010, the
following described property,
to-wit:
All that certain tract or par
cel of land (the “Land”) lying
and being in Jackson County,
Georgia and being more par
ticularly described on Exhibit
“A” attached hereto and incor
porated herein by this refer
ence;
TOGETHER, with all build
ings, structures and other
improvements located on
the property hereinbefore
described, or any part and par
cel thereof; and
TOGETHER, with all rights,
title and interest of Grantor in
and to the minerals, flowers,
shrubs, crops, trees, timber
and other emblements on said
property or above the same or
any part of parcel thereof; and
TOGETHER, with all and
singular the tenements, her
editaments, easements and
appurtenances thereunto
belonging or in any wise
appertaining, and the rever
sion or reversions, remainder
and remainders, rents, issues
and profits thereof; and also all
the estate, right, title, interest,
claim and demand whatsoever
of Grantor of, in and to the
same and of, in and to every
part and parcel thereof; and
TOGETHER, with all
machinery, apparatus, equip
ment, fittings, fixtures, wheth
er actually or constructively
attached to said property and
including all trade, domestic
and ornamental fixtures, and
articles of personal property
of every kind and nature what
soever (hereinafter collectively
called “Equipment’), located in,
upon or under said property or
any part thereof and used or
usable in connection with any
present or future operation of
said property, including, but
without limiting the generality
of the foregoing, all heating, air-
conditioning, freezing, lighting,
laundry, and incinerating and
power equipment; engines;
pipes; pumps; tanks; motors;
conduits; switchboards;
plumbing, lifting, cleaning, fire
prevention, fire extinguishing,
refrigerating, ventilating and
communications apparatus;
boilers, ranges, furnaces, oil
burners or units thereof; appli
ances; air-conditioning appara
tus; vacuum cleaning systems;
elevators; escalators; shades;
awnings; screens; storm doors
and windows; stoves; refrig
erators; attached cabinets;
partitions; ducts and compres
sors; rugs and carpets; draper
ies; furniture and furnishings in
commercial, institutional and
industrial buildings; togeth
er with all building materials
and equipment on the prem
ises; together with all addi
tions thereto and replacements
thereof; and
TOGETHER, with any and
all rents which are due by rea
son of the renting, leasing and
bailment of property improve
ments thereon and Equipment;
and
TOGETHER, with any and
all awards or payments, includ
ing interest thereon, and the
right to receive the same, as
a result of (a) the exercise of
the right of eminent domain,
(b) the alteration of the grade
of any street, or (c) any other
injury to, taking of, or decrease
in the value of, the premises,
to the extent of all amounts
which may be secured by the
Security Deed at the date of
receipt of any such award
or payment by Grantee and
of the reasonable attorney’s
fees, costs and disbursements
incurred by Grantee in connec
tion with the collection of such
award or payment.
All the aforesaid property
rights, contract rights, land,
Equipment and claims and all
real estate described above
and on Exhibit “A” attached
hereto shall hereinafter col
lectively be referred to as
“Premises”.
The indebtedness secured
by the Security Deed has been
and is hereby declared due
because of default under the
terms of said Note and Security
Deed including, but not limited,
to the failure to make pay
ments thereunder when due.
The indebtedness remaining in
default, the sale will be made
for the purpose of applying
the proceeds thereof to the
payment of the indebtedness
secured by the Security Deed,
accrued interest and expens
es of the sale and all other
payments provided for under
the Security Deed, including
attorneys’ fees as provided in
the Note and Security Deed,
notice of intention to collect
attorneys’ fees having been
given as provided by law, and
the remainder, if any, shall be
applied as provided by law.
Grantee reserves the right to
sell the Premises 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 Grantee’s
knowledge and belief, the
parties in possession of the
Premises are Grantor and/or
tenants of Grantor or other
persons in possession with the
consent or acquiescence of
Grantor.
Said Premises will be sold
as the property of Grantor sub
ject to all unpaid real estate ad
valorem taxes, governmental
assessments and related liens
and all prior restrictions, res
ervations, covenants, rights-
of-way, easements, encum
brances and other matters
of record, if any, appearing
of record prior to the date of
the Security Deed and those
appearing after the date of the
Security Deed and consented
to of record by Grantee.
AMERIS BANK,
SUCCESSOR IN INTEREST
TO THE FEDERAL
DEPOSIT INSURANCE
CORPORATION, AS
RECEIVER FOR AMERICAN
UNITED BANK, ATTORNEY-
IN-FACT FOR HAMILTON
HOMES, LLC.
Taylor English Duma LLP
1600 Parkwood Circle,
Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
EXHIBIT “A”
LEGAL DESCRIPTION
All that tract or parcel of land
lying in Georgia Militia Districts
1691 and 428, Jackson County,
Georgia and being more par
ticularly described as follows.
Commence at the intersec
tion of Love Road and Old
State Road, 80 foot right-of-
way, and proceed North 74
degrees 53 minutes 29 sec
onds West for a distance of
78.80 feet to a point. Said point
being, the Point of Beginning.
THENCE along the right-of-
way of Old State Road, South
44 degrees 36 minutes 19 sec
onds East for a distance of
50.73 feet to a point; THENCE
along the arc of a curve hav
ing a radius of 1335.18 feet
and a length of 503.17 feet,
said arc being subtended by
a chord having a bearing of
South 33 degrees 26 minutes
27 seconds East and a dis
tance of 500.20 feet to a point;
THENCE South 23 degrees
45 minutes 38 seconds East
for a distance of 222.79 feet
to a point; THENCE along the
arc of a curve having a radius
of 6275.62 feet and a length
of 81.49 feet, said arc being
subtended by a chord having
a bearing of South 24 degrees
06 minutes 32 seconds East
for a distance of 81.49 feet to
a point; THENCE South 24
degrees 58 minutes 46 sec
onds East for a distance of
59.90 feet to a point; THENCE
South 63 degrees 03 minutes
23 seconds West for a dis
tance of 9.05 feet to a point;
THENCE South 63 degrees
03 minutes 23 seconds West
for a distance of 367.08 feet
to a point; THENCE South
23 degrees 13 minutes 10
seconds East for a distance
of 424.67 feet to a point;
THENCE South 71 degrees
44 minutes 00 seconds West
for a distance of 1004.89 feet
to a point; THENCE South
28 degrees 30 minutes 32
seconds East for a distance
of 234.49 feet to a point;
THENCE South 18 degrees
57 minutes 54 seconds West
for a distance of 319.29 feet
to a point; THENCE South 18
degrees 57 minutes 54 sec
onds West 86.91 feet to a
point in the centerline of Allen
Creek; THENCE along center-
line of Allen Creek the follow
ing five calls: North 48 degrees
44 minutes 05 seconds West
for a distance of 104.09 feet
to a point; THENCE North 36
degrees 50 minutes 47 sec
onds West for a distance of
49.99 feet to a point; THENCE
North 23 degrees 03 minutes
59 seconds West for a dis
tance of 105.66 feet to a point;
THENCE North 73 degrees
50 minutes 46 seconds West
for a distance of 77.85 feet to
a point; THENCE South 76
degrees 12 minutes 28 sec
onds West for a distance of
89.71 feet to a point; Proceed
leaving said creek, North 04
degrees 18 minutes 23 sec
onds East for a distance of
19.39 feet to a point; North
04 degrees 18 minutes 23
seconds East for a distance
of 221.18 feet to a point;
THENCE North 24 degrees
52 minutes 18 seconds East
for a distance of 474.82 feet
to a point in the centerline of a
creek; THENCE in a Northerly
direction along creek for a dis
tance of 1,121.02 feet. Thence
leaving said creek North 64
degrees 19 minutes 00 sec
onds East for a distance of
23.70 feet to a point; THENCE
North 64 degrees 19 minutes
00 seconds East for a distance
of 913.73 feet to the Point of
Beginning.
Said tract or parcel of land
contains 38.612 acres, as
shown on Boundary Survey for
O.L. Jollay, Sr., dated 12-27-02
by Venable & Associates, Inc.,
as certified by Allen L. Venable,
Jr., GAR.L.S. No. 1761.
Being the same property
conveyed by O.L. Jollay, Inc.
to O.L. Jollay per Warranty
Deed dated 10-12-72, record
ed 9-21-73 in Deed Book 6H,
Page 26, Jackson County,
Georgia Records. LESS AND
EXCEPT land conveyed by the
following:
(a) Warranty Deed from O.L.
Jollay to Continental Grain
Company, dated 8-31-92,
recorded 9-4-92 in Deed Book
12P, Page 144; and
(b) Rural Post Roads Right
of Way Deed from O.L. Jollay,
dated 1-28-73, recorded 5-29-
73 in Deed Book 6E, Page
285, Jackson County, Georgia
Records.
(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 a Security Deed
from POLINAA. TOLOKOVOY,
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated June 19, 2008,
and recorded in Deed Book
0052-T, Pages 0089-0109, and
last transferred and assigned
to Branch Banking and Trust
Company (“BB&T”)by assign
ment to be recorded, Jackson
County, Georgia records, there
will be sold at public outcry
for cash to the highest bid
der before the Courthouse
doors of said county during the
legal hours of sale on the first
Tuesday in January, 2010, by
BB&T, as Attorney-in-Fact for
Polina A. Tolokovoy, the follow
ing described property, to-wit:
All that tract or parcel of
land lying and being in the
248th District, GMD of Jackson
County, Georgia, being Lot
106, Pod Q, Traditions of
Braselton Subdivision, Phase
2, as per plat thereof recorded
in Plat Book 66, Pages 48-53,
Jackson County, Georgia
records. Said plat is incorpo
rated herein by reference for
a more complete description
of subject property and for all
other legal purposes.
Subject to any and all ease
ments, rights of ways, restric
tive or protective covenants
and public utilities of record.
The indebtedness secured
by said Security Deed hav
ing been declared due and
payable because of default in
the payment of the indebted
ness secured thereby, this sale
will be made for the purpose
of paying the same and all
expenses of the sale, includ
ing attorney’s fees, notice of
intention to collect attorney’s
fees having been given as pro
vided by law. Gloria Smith,
phone number 864-242-8990,
Chasity Cox, phone number
864-242-8416 and Natasha
Edwards, phone number 864-
242-8612, are the names of
the individuals at BB&T who
have full authority to negotiate,
amend, and modify all terms of
the mortgage with the debtor,
and their address is BB&T,
301 College Street, Greenville,
South Carolina 29601.
The property will be sold
as the property of Polina A.
Tolokovoy subject to the fol
lowing: (1) all prior restrictive
covenants, easements, right-
of-ways, or encumbrances; (2)
all valid zoning ordinances; (3)
matters which would be dis
closed by an accurate survey
of the property; (4) all out
standing taxes, assessments,
unpaid bills, charges and
expenses that constitute liens
against the property, whether
due and payable or not yet due
and payable, and matters of
record superior to the Security
Deed first set out above.
To the best of the under
signed’s knowledge and belief,
the party in possession is
Polina A. Tolokovoy, a tenant
or tenants, or parties claim
ing under the aforementioned
and said property is more
commonly known as Lot 106
of Traditions, Pod Q, 3886
Bentgrass Lane, Jefferson,
Georgia 30549.
Branch Banking & Trust Co.
as Attorney in Fact for Polina
A. Tolokovoy
Gregory M. Eells
Attorney at Law
Eells Law Group, LLC
Suite 181 -
The Oglethorpe Bldg.
2971 Flowers Road South
Atlanta, Georgia 30341
(770) 455-3660
THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR
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
in Deed to Secure Debt
Georgia, Jackson County
Because of the default in
the payment of the indebt
edness secured by a Deed
to Secure Debt executed by
CHRISTOPHER J. MICHAEL
to FIRST PIEDMONT BANK,
dated May 24, 2002, in the
original principal amount of
THIRTY-TWO THOUSAND
TWO HUNDRED SIXTEEN
AND NO/100 ($32,216.00)
DOLLARS, and recorded in
Deed Book 26-X, Pages 307-
SI 2; rerecorded at Deed Book
27-M, Pages 273-278; modi
fied by Modification Agreement
dated June 3,2004, and record
ed in Deed Book 34-Y, Pages
354-355, of the records of the
Clerk of the Superior Court
of Jackson County, Georgia,
the undersigned, 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, 5000
Jackson Parkway, Jefferson,
Georgia, 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., State of
Georgia, County of Jackson,
being Lot Thirty (30) of Hidden
Oaks Subdivision, and being
more particularly described
and delineated according to
a plat and survey prepared
by Venable & Associates, Inc.,
certified by Allen L. Venable, Jr.,
Georgia Registered Surveyor
No. 1761, dated February 5,
1987, entitled “Final Plat for
Hidden Oaks,” said plat being
of record in the Office of the
Clerk of Superior Court for
Jackson County, Georgia in
Plat Book 22, page 264; which
said plat and the recording
thereof are by reference hereto
incorporated herein for a more
complete and detailed descrip
tion.
Which has the property
address of 223 Hidden Oaks
Lane, Jefferson Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be subject to
any unpaid taxes and other
assessments which may be
liens against the property,
including but not limited to
delinquent charges for water,
sewer and sanitation services.
Notice has been given of the
intention to collect attorney’s
fees in accordance with the
terms of the note and deed
to secure debt. Said property
will be sold as the property of
Christopher J. Michael and the
proceeds will be applied to
the payment of said indebted
ness, the expenses and costs
of sale, including attorney’s
fees. Any remaining proceeds
will be applied pursuant to said
deed and the laws of the State
of Georgia.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided for
in the aforementioned deed
to secure debt. Said sale will
divest all the right, title and
interest of the maker thereof
of said property and shall vest
said title in the purchaser at
said sale.
First American Bank & Trust
as successor in interest to First
Piedmont Bank As Attorney
in Fact for Christopher J.
Michael
Wayne D. McLocklin
McLocklin & Murphy, LLP
Attorneys for First American
Bank & Trust
149 W. Athens Street
P. O. Box 766
Winder, Georgia 30680
(770) 867-7446
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
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
in Deed to Secure Debt
Georgia Jackson County
Because of the default in the
payment of the indebtedness
secured by a Deed to Secure
Debt executed by BENJAMIN
MARK HOLDBROOKS and
ALTA J. HOLDBROOKS to
MITCHELL PAYNE and LISA
PAYNE, dated May 19, 2004,
in the original principal amount
of SIXTY-TWO THOUSAND
AND NO/100 ($62,000.00)
DOLLARS, and recorded in
Deed Book 34-Q, Page 295,
of the records of the Clerk of
the Superior Court of Jackson
County, Georgia, the under
signed, 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, 5000
Jackson Parkway, Jefferson,
Georgia, 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 District, G.M., Jackson
County, Georgia, contain
ing 2.00 acres, more or less,
as shown on plat and sur
vey of W. T. Dunahoo and
Associates, Inc., Surveyors,
dated January 26, 1987, and
recorded in the Office of the
Clerk of Superior Court of
Jackson County, Georgia, in
Plat Book 26, Page 151. For
a more detailed description to
said tract, reference is herby
made to said plat as recorded.
Subject to existing easements
and rights of way of public road
and utilities now in use.
Also conveyed hereby in an
appurtenant non-exclusive,
perpetual easement for pur
poses of ingress and egress
over and across the following
tract of real estate, to-wit: All
that tract or parcel of land lying
and being in the 245th GMD,
Jackson County, Georgia,
consisting of a 50 foot strip
and described as follows: to
find the true point of beginning
commence at the intersection
of the southern right of way of
Georgia Highway 319 with the
centerline of U.S. Highway 129
and thence along said right
of way of Georgia Highway
319 in a southwesterly direc
tion 4752.6 feet to an ion
pin on the southern right of
way of said state highway and
from said point of beginning
S 51 degrees 59 minutes 00
seconds E 246.79 feet to an
iron pin on the 2.0 acre tract
benefited hereby; thence N 38
degrees 06 minutes E 50 feet
to a point; thence N 51 degrees
59 minutes 00 seconds W to
the southern right of way of
Georgia Highway 319, such
being a distance of approxi
mately 240 feet; and thence in
a southwesterly direction along
said right of way to the point of
beginning, which easement is
recorded in Deed Book 18-S,
page 725, Jackson County,
Georgia Deed records.
Also conveyed herewith is
a 1990 Eagle Trace Mobile
Home, Model 3403B, VIN
#GAFLK35A02344ET and
GAFLK35B02344ET.
Which has the property
continued on following page