Newspaper Page Text
WEDNESDAY, JANUARY 6, 2010
THE JACKSON HERALD
PAGE 21C
Public Notices Continued
feet along an arc of a curve to
the right, said curve having a
radius of 13,071.59 feet and a
chord bearing and distance of
North 25 degrees 59 minutes
29 seconds East 1,079.25 feet
to a point; thence North 28
degrees 24 minutes 18 sec
onds East a distance of 337.97
feet to a point; thence North 28
degrees 24 minutes 18 sec
onds East a distance of 118.83
feet to a point; thence 952.61
feet along an arc of a curve
to the left, said curve having a
radius of 2,208.23 feet and a
chord bearing and distance of
North 16 degrees 39 minutes
57 seconds East 945.24 feet
to a point; thence North 06
degrees 11 minutes 19 sec
onds East a distance of 350.13
feet to a point; thence 695.60
feet along an arc of a curve to
the right, said curve having a
radius of 1,144.04 feet and a
chord bearing and distance of
North 24 degrees 54 minutes
19 seconds East 684.94 feet
to a point; thence North 40
degrees 48 minutes 05 sec
onds East a distance of 621.94
feet to a point; thence 586.11
feet along an arc of a curve
to the left, said curve having a
radius of 1,177.40 feet and a
chord bearing and distance of
North 27 degrees 48 minutes
08 seconds East 580.08 feet
to a point; thence North 13
degrees 32 minutes 28 sec
onds East a distance of 241.57
feet to a point at the easterly
end of the mitered intersec
tion of said southwesterly right-
of-way line of Highway 441
Bypass with said southeasterly
right-of-way line of Highway
441; thence along said miter
South 67 degrees 39 minutes
48 seconds East a distance of
130.29 feet to a point; thence
South 67 degrees 39 minutes
48 seconds East a distance of
24.35 feet to a point and the
POINT OF BEGINNING.
TOGETHER WITH
ALL THAT TRACT OR
PARCEL OF LAND lying and
being in Land Lot G.M.D. 255
of Jackson County, Georgia
and being more particularly
described as follows:
To find the TRUE POINT
OF BEGINNING, commence
from a point at the easterly
end of the mitered intersec
tion of the southwesterly right-
of-way line of Highway 441
Bypass (Variable R/W) with
the southeasterly right-of-way
line of Highway 441 (60” R/W),
thence along said right-of-way
line of Highway 441 Bypass
1,175.34 feet along an arc of
a curve to the right, said curve
having a radius of 3,669.72
feet and a chord bearing and
distance of South 13 degrees
33 minutes 28 seconds East
1,170.32 feet to a monu
ment found; thence South 04
degrees 22 minutes 56 sec
onds East a distance of 851.12
feet to a monument found;
thence South 00 degrees 06
minutes 50 seconds West a
distance of 318.91 feet to a
monument found; thence
South 07 degrees 59 minutes
52 seconds East a distance
of 503.83 feet to a monu
ment found; thence South 18
degrees 25 minutes 52 sec
onds East a distance of 313.68
feet to a monument found;
thence crossing said right-of-
way of Highway 441 Bypass
North 79 degrees 36 minutes
26 seconds East a distance of
301.52 feet to an iron pin found
on the northeasterly right-
of-way line of Highway 441
Bypass and the TRUE POINT
OF BEGINNING, from the
TRUE POINT OF BEGINNING
as thus established, thence
leaving said right-of-way line
North 63 degrees 23 minutes
24 seconds East a distance of
83.68 feet to a point; thence
North 67 degrees 01 minutes
13 seconds East a distance of
193.90 feet to a point; thence
North 69 degrees 09 minutes
06 seconds East a distance of
197.18 feet to a point; thence
North 75 degrees 47 minutes
26 seconds East a distance of
184.79 feet to a point; thence
North 70 degrees 11 minutes
30 seconds East a distance
of 69.78 feet to a 2” open top
pipe found; thence South 81
degrees 23 minutes 27 sec
onds East a distance of 271.82
feet to a 1” angle iron found;
thence South 30 degrees 32
minutes 47 seconds East a
distance of 389.93 feet to a 2”
open top pipe found; thence
South 54 degrees 22 minutes
16 seconds West a distance
of 856.83 feet to a 2” open
top pipe found; thence South
10 degrees 07 minutes 39
seconds West a distance of
232.82 feet to an iron pin found
on said right-of-way line of
Highway 441 Bypass; thence
along said right-of-way line
North 38 degrees 02 minutes
21 seconds West a distance
of 210.62 feet to a monument
found; thence 743.58 feet
along an arc of a curve to the
right, said curve having a radi
us of 3,669.72 feet and a chord
bearing and distance of North
22 degrees 20 minutes 26 sec
onds West 742.31 feet to an
iron pin found and the TRUE
POINT OF BEGINNING.
Said tracts containing 266.2
acres and being Tracts 1,2, 3A
& 3B as shown on that certain
Boundary Survey for Chatham
Holdings by Armstrong Land
Surveying, Inc dated July 28,
2004, last revised December
6, 2004.
The debt secured by said
Deed to Secure Debt and
Note has been and is hereby
declared due and payable in
full because of, among other
possible events of default, fail
ure to pay the indebtedness as
and when due and pursuant
to the terms of said Deed to
Secure Debt and Note. Notice
has been given of intention
to enforce provisions for col
lection of attorney’s fees and
foreclosure in accordance with
legal requirements and the
terms of the Deed to Secure
Debt and Note.
To the best of the under
signed’s knowledge and belief
the party in possession of the
property is COMMERCE 441,
LLC, or a tenant or tenants
thereof, and said property is
more commonly known as fol
lows:
266.2 ACRES HWY 441,
Said property will be sold as
the property of COMMERCE
441, LLC, and the proceeds
of said sale will be applied to
the payment of said indebted
ness and all the expenses of
said sale, including attorney’s
fees, as provided in said Deed,
and the balance, if any, will
be distributed as provided by
law. Said property will be
sold subject to the following
items which may affect the
title to said property: All restric
tive covenants, easement
and right-of-way appearing of
record, if any; all zoning ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection of
the property; all outstanding
and/or unpaid taxes which
may be liens upon the prop
erty (including taxes which are
a lien but not yet due and pay
able); all outstanding or unpaid
bills and assessments which
may be liens upon said prop
erty and any and all matters of
record superior to the Security
Deed mentioned herein.
FIRST CITIZENS BANK
AND TRUST COMPANY,
INC. as Attorney-in-Fact for
COMMERCE 441, LLC
NEEL & ROBINSON
Attorneys At Law, LLC.
Pamela S. Robinson, Esq.
5555 Glenridge Connector
Ste. 400
Atlanta, Georgia 30342
(404) 459-9600
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JH6,13,20,27P4)
gpn11
Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale
contained in a Deed to Secure
Debt BY WILLIAM LACOSTE
and LINDA LACOSTE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. (“MERS”) as nominee
for WILMINGTON FINANCE
INC., dated June 29, 2007,
and filed for record July 5,
2007, in Deed Book 6100,
Page 525, Hall County,
Georgia Records, and also
being recorded November
9, 2009, in Deed Book 560,
Page 34, Jackson County,
Georgia Records, and secur
ing a Note in the original prin
cipal amount of $191,200.00;
last transferred to MorEquity,
Inc. by Assignment filed for
record October 28, 2009, in
Deed Book 6624, Page 780,
Hall County, Georgia Records,
said assignment also being
recorded in Deed Book 56Q,
Page 38, Jackson County,
Georgia records, there will be
sold at a public outcry for cash
to the highest bidder before
the Courthouse door of HALL
County, Georgia, between the
legal hours of sale on the first
Tuesday in February, 2010, by
MorEquity, Inc. as Attorney-in-
Fact for William Lacoste and
Linda Lacoste the following
property to-wit:
ALL THAT TRACT or parcel
of land lying and being in GMD
385, Hall County, Georgia, and
GMD 1765, Jackson County,
Georgia; and being Lot 27,
White Horse Subdivision, as
per plat of subdivision record
ed in Plat Slide 838, Pages
154-168, Hall County, Georgia
Records; and in Plat Book
62, Pages 153-167, Jackson
County, Georgia Records; said
plat being incorporated herein
and made a part hereof by
reference. ALSO CONVEYED
herein for each lot conveyed
above is an undivided one
one-hundred thirtieth (1/130th)
interest in the “open space”
area shown on said subdivi
sion plat.
NOTE: THAT CERTAIN
security deed recorded at
Deed Book 39G, Page 359,
Jackson County, Georgia
Records is satisfied at Deed
Book 6165, Page 292, Hall
County, Georgia Records.
The above described prop
erty is also known as 4430
Caney Fork Circle, 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 purpose
of paying the same and all
expenses of sale, including
attorney’s fees, if applicable.
The property will be sold
as the property of the afore
said grantor subject to the
following: all prior restrictive
covenants, easements, rights-
of-way, security deeds, or
encumbrances of record; all
valid zoning ordinances; mat
ters which would be disclosed
by an accurate survey of the
property or by any inspection
of the property; all outstanding
taxes, assessments, unpaid
bills, charges, and expenses
that are a lien against the prop
erty whether due and payable
or not yet due and payable.
To the best of the under
signed’s knowledge and belief,
possession of the subject prop
erty is held by William Lacoste
and Linda Lacoste.
Pursuant to O.C.G.A.
§ 44-14-162.2, the name,
address and telephone number
of the individual or entity who
shall have the full authority to
negotiate, amend or modify all
terms of the above described
mortgage is as follows:
MorEquity, Inc.
Attn: Loss Mitigation Dept.
7116 Eagle Crest Boulevard
Evansville, GA47715
Telephone number: 1-800-
628-9324
The foregoing notwith
standing, nothing in O.C.G.A.
§ 44-14-162.2 shall be con
strued to require MorEquity,
Inc. to negotiate, amend or
modify the terms of the Deed
to Secure Debt described
herein.
MorEquity, Inc. as Attorney-
in-Fact for William Lacoste and
Linda Lacoste
SHUPING, MORSE &
ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road,
Suite 100
Riverdale, Georgia 30274-
1698
(770) 991-0000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JA6,13,20,27B/119-60)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale
contained inthatcertain 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 Book 45-B, Page
188, Jackson County, Georgia
Records (hereinafter referred
to as “Deed to Secure Debt”),
said Deed to Secure Debt
securing a Promissory Note
(“Note”) in the original principal
sum of Seven Hundred Fifty
Thousand and 00/100 Dollars
($750,000.00), 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, February
2, 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
Attorneys in Fact for Ronald
E. Miller & Joanne Yeager
Martin G. Quirk, Esq.
Agnes K. Horbaczewski,
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 sec
onds West 2167.07 feet from
the centerline intersection of
Georgia Highway 124 and
Deerfield Way; thence along
said right of way North 53
degrees 14 minutes 24 sec
onds West 574.87 feet to a
1/2 inch rebar found; thence
leaving said right of way North
42 degrees 10 minutes 18 sec
onds 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.
(JA6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
power of sale contained in
deed to secure debt given by
DONNA HUTSON to MARK
EDWARD BENNETT, dated
April 1, 2005, filed July 19,
2005 and recorded in Deed
Book 39-T, at Page 455,
Jackson County, Georgia
Records, there will be sold
by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse
door at Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday in
February, 2010, the following
described property:
All that tract or parcel of
land lying and being in the
245 G.M.D., Jackson County,
Georgia, designated as Tract 2
containing 1.000 acre, more or
less, as shown on plat and sur
vey of Venable & Associates,
Inc., Surveyors, recorded in the
Office of the Clerk of Superior
Court of Jackson County,
Georgia, in Plat Book 58, at
Page 74, TOGETHER WITH a
20’ ingress-egress easement
from Whitney Road along the
easterly boundary of Tract 1
to the above referenced tract.
Fora more detailed description
to said tract and easement,
reference is hereby made to
said plat as recorded. Subject
to all existing easements and
rights of way for public roads
and utilities now is use.
Said deed to secure debt
having been given to secure
a note of even date in the
original principal amount of $
28,500.00 with interest from
date at the rate as specified
therein.
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 man
ner provided in the note and
deed to secure debt. The
debt remaining 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).
Said property will be sold
subject to (a) any outstand
ing ad valorem taxes (includ
ing taxes which are a lien,
but not yet due and payable),
(b) any matters which might
be disclosed by an accurate
survey and inspection of the
property, and (c) all matters of
record superior to the secu
rity deed first set out above,
including, but not limited to,
assessments, liens, encum
brances, zoning ordinances,
easements, restrictions, cov
enants, etc.
DAVIDSON, HOPKINS
& ALEXANDER, PC., as
Attorneys in Fact for MARK
EDWARD BENNETT
Ronald K. Hopkins
Davidson, Hopkins &
Alexander, PC.
P. O. Drawer 429
Jefferson, Georgia 30549
(JA6,13,20,27B/251-50)
gpn11
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 JEREMY R. LESTER
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated July 19, 2005, in
the amount of $109,325.00,
and recorded in Deed Book
3-W, Page 502, 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 February,
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 GMD of Jackson
County, Georgia, being Lot 4,
Spratlin Estates, per Plat Book
60, Pages 189-191, Jackson
County, Georgia records,
which is referred to and made
a part of this description.
which has the property
address of 95 Spratlin Drive,
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 Jeremy R.
Lester 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 Jeremy
R. Lester
Anthony DeMarlo, Attorney/
awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-28594 /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.
tJA6,13,20,27B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the power
of sale contained in the
Commercial Deed to Secure
Debt, Security Agreement
and Assignment of Rents
and Leases by and between
DUNHILL DEVELOPERS,
LLC (“Borrower”) to COBB
COMMERCIAL BANK, A
DIVISION OF COMMUNITY
BANK OF WEST GEORGIA
by and through its receiver
the FEDERAL DEPOSIT
INSURANCE CORPORATION
(“Lender”), recorded January
9, 2008, in Deed Book 0051-
E, Page 0587 of the Jackson
County records, as subse
quently modified, convey
ing the realty described on
Exhibit “A” attached hereto
as collateral for the debt in
the original principal amount
of $1,885,000.00, together
with all late fees and inter
est from dates of execution at
the rates provided therein on
the unpaid balance; 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 February, 2010 the
realty located in Georgia Militia
District 1765, Jackson County,
Georgia, being more com
pletely described as follows:
EXHIBIT A
All that tract or parcel of land
lying and being in Georgia
Militia District 1765, Jackson
County, Georgia, and being
more particularly described as
follows:
Commence at the intersec
tion of the northerly right of
way of Georgia Highway 53
(80 foot right of way) and the
right of way of Curk Roberts
Road; proceed thence along
the northerly right of way of
said Georgia Highway 53, in
an easterly direction 2,112 feet
to an iron pin on the northerly
right of way of said Georgia
Highway 53, said point being
the Point of Beginning; pro
ceed thence, leaving the
northerly right of way of said
Georgia Highway 53, North
42 degrees 32 minutes 41
seconds East a distance of
226.77 feet to an iron pin;
thence North 74 degrees 46
minutes 33 seconds West
a distance of 238.78 feet to
an iron pin; thence North 56
degrees 26 minutes 58 sec
onds East a distance of 213.95
feet to an iron pin; thence
North 17 degrees 17 minutes
55 seconds West a distance
of 577.68 feet to an iron pin;
thence North 64 degrees 01
minutes 15 seconds East a
distance of 488.62 feet to
an iron pin; thence South 58
degrees 27 minutes 17 sec-
continued on following page