Newspaper Page Text
WEDNESDAY, DECEMBER 30, 2009
THE JACKSON HERALD
PAGE 2 IB
Public Notices Continued
ed until final confirmation and
audit of the status of the loan
as provided in the preceding
paragraph.
U.S. Bank, N.A., in its capac
ity as Trustee for the registered
holders of Home Equity Asset
Trust 2004-6, Home Equity
Pass-Through Certificates,
Series 2004-6 as attorney in
fact for Richard E. Hayes and
Tammy R. Hayes
Richard B. Maner, PC.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
FC06-698
(DC9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by HOMESTEAD
DEVELOPERS, LLC, Grantor,
to PEOPLES BANK & TRUST,
Grantee, dated APRIL 16,
2007, said deed recorded in
Jackson County Deed Records
at Deed Book48-H, Page 451,
the undersigned, PEOPLES
BANK & TRUST, 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, 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 GMD
248, Jackson County, Georgia,
being Lot 66, Block A,
Magnolia Pointe Subdivision
on plat of said subdivision
recorded in Jackson County
Plat Records at Plat Book 60,
Page 141, which plat is incor
porated herein by reference for
a more complete description.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
protective or restrictive cove
nants, rights-of-way, and ease
ments; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters of record superior to the
PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney
fees in accordance with the
terms of the Note secured by
said deed.
Said property will be sold as
the property of HOMESTEAD
DEVELOPERS, LLC, 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 under
signed will execute a deed
to the purchaser at said sale
as provided in the aforemen
tioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for
HOMESTEAD DEVELOPERS,
LLC
Handsel G. Morgan, Jr.
PO. Box 184
Buford, Georgia 30515
(770) 945-7500
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
Georgia, Jackson County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by ANITA
B. RAINWATER and
TIMOTHY A. RAINWATER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated February 27, 2007,
in the amount of $300,000.00,
and recorded in Deed Book
47-X, Page 153, Jackson
County, Georgia Records,
as last transferred to GMAC
Mortgage, LLC by assign
ment, the undersigned, GMAC
Mortgage, LLC 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 the 455th
and 257th G.M.D. Jackson
County, Georgia, being Lot 15,
containing 3.29 acres more
or less, as shown on a plat
for Hidden Lakes prepared by
Venable and Associates, Inc.,
dated November 1987, as per
plat thereof recorded in Plat
Book 29, Page 38, Jackson
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
which has the property
address of 71 Lake Court,
Jefferson, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants or
restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Anita B.
Rainwater and Timothy A.
Rainwater and the proceeds
of said sale will be applied to
the payment of said indebted
ness, the expense of said sale,
all as provided in said deed,
and the undersigned will exe
cute a deed to the purchaser
as provided in the aforemen
tioned Security Deed.
GMAC Mortgage, LLC
Attorney in Fact for Anita B.
Rainwater and Timothy A.
Rainwater
Anthony DeMarlo, Attorney/
awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-19981 /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
Georgia, Jackson County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed
by CYNTHIA L. GRIFFITH
and PARKER GRIFFITH to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated February 5, 2008,
in the amount of $230,400.00,
and recorded in Deed Book
51-P, Page 86, Jackson
County, Georgia Records, as
last transferred to BAC Home
Loans Servicing, LP FKA
Countrywide Home Loans
Servicing LP by assignment,
the undersigned, BAC Home
Loans Servicing, LP FKA
Countrywide Home Loans
Servicing LP 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
242nd District, G.M., Jackson
County, Georgia, containing
3.00 acres, more or less, and
being designated as Tract 1,
as shown by plat of survey
prepared by Max Lewallen,
Surveyor, dated December 10,
1982, as recorded in Plat Book
19, Page 181, Jackson County,
Georgia Records; which plat
and the record thereof are
hereby incorporated herein by
reference for a more detailed
description of the property.
Said tract is bounded accord
ing to said plat on the South
by Tract 2, West by lands now
or formerly of Singleton, North
by lands of Griffith and on the
East by Lands of Standridge.
Address: 174 B Whitfield
Rd., Jefferson, GA 30549.
which has the property
address of 174 B Whitfield
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 Cynthia L.
Griffith and Parker Griffith 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,
LP FKA Countrywide Home
Loans Servicing LP Attorney in
Fact for Cynthia L. Griffith and
Parker Griffith
Anthony DeMarlo, Attorney/
kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-18705 /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/132S-60)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of Sale
contained in thatcertainSecurity
Deed from EDDIE J. BUTLER
and KIMBERLY S. BUTLER
to BRANCH BANKING AND
TRUST COMPANY, dated
February 3, 2005, recorded
March 1, 2005, in Deed Book
37-W, Page 464, Jackson
County, Georgia Records, said
Security Deed having been
given to secure a Note of even
date in the principal amount
of TWO HUNDRED FIFTY
THOUSAND DOLLARS AND
NO CENTS ($250,000.00),
with interest thereon as pro
vided 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 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 1765th
District, GM, Jackson County,
Georgia, designated as Tract
2, encompassing 5.00 acres,
more or less, as shown on a
plat of survey entitled “Survey
for Lenox T. Thornton”, dated
June 25, 1976, prepared by
Ben McLeroy & Associates,
Surveyors, recorded in Plat
Book 13, Page 17, in the Office
of the Clerk of the Superior
Court for Jackson County,
Georgia, which plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
Said property being known
as 1254 New Liberty Church
Road, Braselton, GA 30517
according to the present num
bering system in Jackson
County. The indebtedness
secured by said Security
Deed has been and is here
by declared due because of
default under the terms of
said Security Deed and Note,
including but not limited to the
nonpayment of the indebted
ness 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: security deed
in favor of MERS - America’s
Wholesale Lender in the origi
nal amount of $460,000.00,
dated January 27, 2005,
recorded at Deed Book 37-Q,
Page 226, Jackson County,
Georgia Records; all zoning
ordinances; matters which
would be disclosed by an accu
rate survey or by an inspection
of the property; any outstand
ing taxes, including but not lim
ited to ad valorem taxes, which
constitute liens upon said prop
erty; 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 Security Deed. To the best
of the knowledge and belief of
the undersigned, the party in
possession of the property is
Eddie J. Butler and Kimberly
S. Butler 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 Eddie J. Butler and
Kimberly S. Butler.
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
Georgia, Jackson County
By virtue of a Power of
Sale contained in that certain
Security Deed from JIMMY
D. MANNING to BRANCH
BANKING AND TRUST
COMPANY, dated March 29,
2006, recorded April 4, 2006,
in Deed Book 43-H, Page
543, Jackson County, Georgia
Records, then modified on
March 31,2008, in Deed Book
51-X, Page 561, Jackson
County, Georgia Records, said
Security Deed having been
given to secure a Note of even
date in the principal amount
of ONE HUNDRED THIRTY-
TWO THOUSAND FIVE
HUNDRED DOLLARS AND
NO CENTS ($132,500.00),
with interest thereon as pro
vided 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 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 245th and
248th Districts, G.M., Jackson
County, Georgia, being Lot
73, Pod L, of Traditions of
Braselton Subdivision, as
per plat thereof recorded in
Plat Book 60, Pages 291-
296, 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 constitute
liens upon said property; all
restrictive covenants, ease
ments, rights-of-way and any
other matters of record supe
rior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Jimmy D. Manning
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 Jimmy D. Manning.
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
Under and by virtue of the
power of sale contained with
that certain Deed to Secure
Debt dated January 10, 2007,
from THOMAS O’NEAL
VARNER aka TOMMY
VARNER to BENEFICIAL
MORTGAGE OF GEORGIA,
recorded on January 16, 2007,
in Deed Book 47-E at Page
253, in the office of the Clerk of
the Superior Court of Jackson
County, Georgia, and said
Deed to Secure Debt having
been given to secure a note
dated January 10, 2007, in
the amount of $141,746.42,
said note being in default, the
undersigned will sell at public
outcry during the legal hours
of sale before the door of the
Courthouse of Jackson County,
Georgia, on January 5, 2009,
the following described real
property (hereinafter referred
to as the “Property”):
All that tract or parcel of
land lying and being in the City
of Commerce 255th District
G.M. Jackson County Georgia,
consisting of 1.38 acres more
or less as shown on a plat of
survey dated May 1, 1987,
for Thomas and Kathy F.
Varner prepared by Venable
and Associates Inc., registered
surveyors, as recorded in Plat
Book 27, Page 68, Jackson
County, Georgia Records, said
plat by reference thereto is
hereby incorporated herein for
a more detailed description of
said property. Said property
is more particularly described
according to said plat as fol
lows:
Beginning at an iron pin
found on the southerly right
of way of Northview Drive
267 feet northerly from the
centerline of Hospital Road;
thence south 54 degrees 43
minutes west 114.26 feet to an
won pin found; thence south
54 degrees 21 minutes west
124.74 feet to an iron pin found;
thence south 54 degrees 39
minutes west 50.02 feet to an
iron pin found; thence north
38 degrees 58 minutes west
65.17 feet to an iron pin found;
thence north 40 degrees 19
minutes west 36.12 feet to an
iron pin found; thence north
39 degrees 33 minutes west
98.68 feet to an iron pin found;
thence north 44 degrees 53
minutes east 255.13 feet to an
iron pin found; thence south
47 degrees 29 minutes east
247.69 feet to the point of
beginning.
The debt secured by the
Security Deed and evidenced
by the note and has been,
and is hereby, declared due
and payable because of,
among other possible events
of default, failure to make
the payments as required by
the terms of the Note. The
debt remaining is in default
and this sale will be made for
the purposes of paying the
Deed to Secure Debt, accrued
interest, and all expenses of
the sale, including attorneys’
fees. Notice of intention to col
lect attorneys’ fees has been
given as provided by law. To
the best of the undersigned’s
knowledge, the person(s) in
possession of the property is/
are Thomas O’Neal Varner aka
Tommy Varner. The property,
being commonly known as 336
Northview Drive Commerce
GA 30529 in Jackson County,
will be sold as the property
of Thomas O’Neal Varner aka
Tommy Varner, subject to any
outstanding ad valorem taxes
(including taxes which are a
lien and not yet due and pay
able), any matters affecting title
to the property which would be
disclosed by accurate survey
and inspection thereof, and all
assessments, liens, encum
brances, restrictions, cove
nants, and matters of record to
the Security Deed.
Albertelli Law Attorney for
Beneficial Mortgage of Georgia
as Attorney in Fact for Thomas
O’Neal Varner aka Tommy
Varner
100 Galleria Parkway,
Suite 900
Atlanta, GA 30339
Phone: (866)690-0418
By: James E. Albertelli, Esq.
For the Firm
THIS FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
09-27521
(DC9,16,23,30P4)
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 January,
2010, 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 hav
ing 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 possession of
the subject property known
as 397 HIDDEN TRAIL,
PENDERGRASS, GEORGIA
30567 is/are: KANHAI GARIB
AND HULSEY GARIB or ten
ant/tenants. Said property
will be sold subject to (a) any
outstanding ad valorem taxes
(including taxes which are a
lien, but not yet due and pay
able), (b) any matters which
might be disclosed by an accu
rate survey and inspection of
the property, and (c) all mat
ters of record superior to the
Deed to Secure Debt first set
out above, including, but not
limited to, assessments, liens,
encumbrances, zoning ordi
nances, easements, restric
tions, 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.
(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 SHAWN JORDAN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated March 9, 2007,
recorded in Deed Book 48-A,
Page 235, Jackson County,
Georgia Records, as last
transferred to BAC Home
Loans Servicing, LP fka
Countrywide Home Loans
Servicing LP by assign
ment recorded in Deed Book
0056M, Page 0617, Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of ONE HUNDRED THIRTY-
EIGHT THOUSAND FOUR
continued on following page