Newspaper Page Text
WEDNESDAY, JANUARY 6, 2010
THE JACKSON HERALD
PAGE 23C
Public Notices Continued
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Construction Deed
to Secure Debt and Security
Agreement made by DNS
CONSTRUCTION, INC., a
Georgia Corporation, Grantor,
to BRANCH BANKING AND
TRUST COMPANY, as suc
cessor in interest to COLONIAL
BAN K by asset acquisition from
the Federal Deposit Insurance
Corporation as Receiver for
Colonial Bank, Grantee, on the
1st day of April 2008, said
deed recorded on April 2,
2008, in the Superior Court
of Jackson County, Georgia,
in Deed Book 51-Y, Page 419
(“Security Deed”), as affected
by that certain Assignment
of Security Instruments and
Other Loan Documents from
the Federal Deposit Insurance
Corporation in its capacity as
Receiver for Colonial Bank
to Branch Banking and Trust
Company (BB&T), recorded in
the Superior Court of Jackson
County, Georgia, in Deed Book
56-N, Page 339, on November
5, 2009, conveying the after-
described property to secure
that certain Non-Consumer
Real Estate Note from Grantor
payable to Grantee, in the
original principal amount of
TWO HUNDRED SIXTY
THOUSAND AND NO/100
DOLLARS ($260,000.00),
dated April 1, 2008, and all
modifications thereof with the
last modification being dated
May 2, 2009, in the amount
of TWO HUNDRED FIFTY-
FIVE THOUSAND EIGHT
HUNDRED AND 35/100
DOLLARS ($255,800.35), with
interest thereon as set forth
therein (the “Note”), 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 February 2010, the
following described real estate
situated in Jackson County,
Georgia, to wit:
All that tract or parcel of
land lying and being in the
245 G.M.D., Jackson County,
Georgia, being Lot 55, Belmont
Chase Subdivision, as per
plat recorded in Plat Book
64, Pages 243-245, Jackson
County, Georgia Records,
which recorded plat is incor
porated herein by this refer
ence and made a part of this
description.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to pay the
indebtedness as and when
due and in the manner pro
vided in the Note. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including Attorney’s
fees (notice of intent to collect
Attorney’s fees having been
given as provided by law). The
property will be sold for cash or
certified funds and subject to
any and all matters of record
superior to said Security Deed,
outstanding ad valorem taxes,
any matters which might be
disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation
prior to the sale that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
confirmation and audit prior to
the sale of the status of the
loan with the holder of the
Security. Grantee reserves
the right to sell the property 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 the under
signed’s knowledge and
belief, the property is located
at Lot 55, Belmont Chase
Subdivision, Jackson
County, Georgia, and the
party in possession of the
property is DNS Construction,
Inc., or its tenant or tenants.
Branch Banking and Trust
Company as Attorney-in-Fact
for DNS Construction, Inc.
Sasser, Sefton, Tipton &
Davis, RC.
Patrick L. W. Sefton, Esq.
100 Colonial Bank Blvd.,
Suite B201
Montgomery, AL 36117
(334) 532-3400
(JA6,13,20,27P4)
New Legal Deadline:
Wednesday by Noon.
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Construction Deed
to Secure Debt and Security
Agreement made by DNS
CONSTRUCTION, INC., a
Georgia Corporation, Grantor,
to BRANCH BANKING AND
TRUST COMPANY, as suc
cessor in interest to COLONIAL
BAN K by asset acquisition from
the Federal Deposit Insurance
Corporation as Receiver for
Colonial Bank, Grantee, on the
20th day of October 2006, said
deed recorded on October 23,
2006, in the Superior Court of
Jackson County, Georgia, in
Deed Book 46-A, Page 505
(“Security Deed”), as affected
by that certain Assignment
of Security Instruments and
Other Loan Documents from
the Federal Deposit Insurance
Corporation in its capacity as
Receiver for Colonial Bank
to Branch Banking and Trust
Company (BB&T), recorded in
the Superior Court of Jackson
County, Georgia, in Deed Book
56-N, Page 339, on November
5, 2009, conveying the after-
described property to secure
that certain Non-Consumer
Real Estate Note from Grantor
payable to Grantee, in the orig
inal principal amount of TWO
HUNDRED FORTY-ONE
THOUSAND FIVE HUNDRED
AND NO/100 DOLLARS
($241,500.00), dated October
20, 2006, and all modifica
tions thereof with the last
modification being dated April
10, 2009, in the amount of
FIFTY-ONE THOUSAND
FOUR HUNDRED EIGHTY-
FIVE AND 75/100 DOLLARS
($51,485.75), with interest
thereon as set forth therein
(the “Note”), there will be sold
at public outcry to the high
est bidder for cash before the
Courthouse door of Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in February 2010, the
following described real estate
situated in Jackson County,
Georgia, to wit:
All that tract or parcel of
land lying and being in GMD
245, Jackson County, Georgia,
being Lot 57, Belmont Chase,
as per plat recorded in Plat
Book 64, Pages 243 through
245, Jackson County, Georgia
Records, which plat is hereby
incorporated herein by refer
ence.
(Lot 19 is being purposely
excluded from the above legal
description by virtue of that
certain quit claim deed record
ed on August 6, 2007, in Deed
Book 49-Q, Page 440, in the
Records of Jackson County,
Georgia. Lot 57, Belmont
Chase is the only lot being
foreclosed upon.)
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to pay the
indebtedness as and when
due and in the manner pro
vided in the Note. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including Attorney’s
fees (notice of intent to collect
Attorney’s fees having been
given as provided by law). The
property will be sold for cash or
certified funds and subject to
any and all matters of record
superior to said Security Deed,
outstanding ad valorem taxes,
any matters which might be
disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation
prior to the sale that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
confirmation and audit prior to
the sale of the status of the
loan with the holder of the
Security. Grantee reserves
the right to sell the property 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 the under
signed’s knowledge and belief,
the property is located at Lot
57, Belmont Chase, Jackson
County, Georgia, and the
party in possession of the
property is DNS Construction,
Inc., or its tenant or tenants.
Branch Banking and Trust
Company as Attorney-in-Fact
for DNS Construction, Inc.
Sasser, Sefton, Tipton &
Davis, PC.
Patrick L. W. Sefton, Esq.
100 Colonial Bank Blvd.,
Suite B201
Montgomery, AL 36117
(334) 532-3400
(]A6,13,20,27P4)
gpn11
Notice of Sale
Advertisement of Sale Under Power of Sale
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 (hereinafter known as
the “Security Deed”) from
DUNHILLDEVELOPERS, LLC
to NORTHEAST GEORGIA
BANK (f/k/a Freedom Bank
of Georgia) dated November
17, 2004 and recorded on
November 24, 2004, in Deed
Book 36-U, Pages 731-733,
Jackson County, Georgia
Records. This Security
Deed secures a Note dated
December 26, 2008, in the
original principal amount of
$359,501.00, plus interest;
there will be sold by the under
signed at public outcry to the
highest and best 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 follow
ing described property and
improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
1765 G.M.D., Jackson County,
Georgia, containing 2.00
acres, more or less, as shown
on plat and survey of W.T.
Dunahoo and Associates,
Surveyors, dated January 19,
2004, recorded in the Office of
the Clerk of Superior Court of
Jackson County, Georgia, in
Plat Book 64, at Page 180. For
a more detailed description to
said tract, reference is hereby
made to said plat as recorded.
Subject to all existing ease
ments and rights-of-way for
public roads and utilities now
in use.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of said loan. 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 attorney(s fees. (Notice of
intent to collect attorney’s fees
having been given.)
Said property will be sold
as the property of DUNHILL
DEVELOPERS, LLC and
subject to the outstanding ad
valorem taxes and/or assign
ments if any, and further sub
ject to the outstanding bal
ances of all liens superior to
the Security Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Dunhill
Developers, LLC.
NORTHEAST GEORGIA
BANK
(f/k/a Freedom Bank of
Georgia)
By: As Attorney-in-fact
for: Dunhill Developers, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JA6,13,20,27P4)
gpn11
Notice of Sale
Advertisement of Sale Under Power of Sale
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 (hereinafter known as the
“Security Deed”) from AMYN
MEGHANI to NORTHEAST
GEORGIA BANK (f/k/a
Freedom Bank of Georgia)
dated November 30, 2006
and recorded on December
5, 2006, in Deed Book 46-Q,
Pages 57-59, Jackson County,
Georgia Records. This
Security Deed secures a Note
dated December 26, 2008 in
the original principal amount
of $220,250.00, plus interest;
there will be sold by the under
signed at public outcry to the
highest and best 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 follow
ing described property and
improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
245 G.M.D., Jackson County,
Georgia, located in the City
Limits of Jefferson, Georgia, on
Lee Street, being known as a
part of the old Randolph place,
bounded on the North by Mill
Street and Lot Nos. 16, 17 and
18; on the East by Lot Nos. 11,
16, 17 and 18; on the South by
Lee Street; and on the West by
Gainesville Midland Railroad;
being Lot Nos. 12, 13, 14
and 15, containing .66 acre
according to survey and plat
of said property prepared by
Nat Hancock, in April, 1947,
and recorded in the Office of
the Clerk of Superior Court
of Jackson County, Georgia,
in Plat Book 2, at Page 151,
reference to which is made
for a more particular descrip
tion. Also being designated as
Tract 1 on plat and survey
of Venable & Associates, Inc.,
Surveyors.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of said loan. 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 attorney(s fees. (Notice of
intent to collect attorney’s fees
having been given.)
Said property will be sold as
the property of Amyn Meghani
and subject to the outstand
ing ad valorem taxes and/or
assignments if any, and further
subject to the outstanding bal
ances of all liens superior to
the Security Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by AMYN
MEGHANI.
NORTHEAST GEORGIA
BANK
(f/k/a Freedom Bank of
Georgia)
By: As Attorney-in-fact
for: Amyn Meghani
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JA6,13,20,27P4)
gpn11
Notice of Sale
Advertisement of Sale Under Power of Sale
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 (hereinafter known as
the “Security Deed”) from
DUNHILLDEVELOPERS, LLC
to NORTHEAST GEORGIA
BANK (f/k/a Freedom Bank
of Georgia) dated November
30, 2006, and recorded on
December 5, 2006, in Deed
Book 46-Q, Pages 60-62,
Jackson County, Georgia
Records. This Security
Deed secures a Note dated
December 26, 2008 in the
original principal amount of
$220,250.00, plus interest;
there will be sold by the under
signed at public outcry to the
highest and best 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 follow
ing described property and
improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
245 G.M.D., Jackson County,
Georgia, and being Lots Nos.
16, 17, 18, 19, 20 and 21 of
Block D of the Robinson
subdivision, being more
particularly described in plat
of survey by Nat Hancock,
Surveyor, made in April, 1947.
Said plat is recorded in Plat
Book 2, at page 151, Clerk’s
Office of Superior Court of
Jackson County, Georgia. For
a more detailed description of
said lots, reference is hereby
made to said plat as recorded.
Also being designated as Tract
2 containing 0.764 acres as
shown on plat and survey of
Venable & Associates, Inc.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of said loan. 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 attorney(s fees. (Notice of
intent to collect attorney’s fees
having been given.)
Said property will be sold
as the property of Dunhill
Developers, LLC subject to
the outstanding ad valorem
taxes and/or assignments if
any, and further subject to the
outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Dunhill
Developers, LLC.
NORTHEAST GEORGIA
BANK
(f/k/a Freedom Bank of
Georgia)
By: As Attorney-in-fact
for: Dunhill Developers, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
< JA6,13,20,27P4)
gpn11
Notice of Sale
Advertisement of Sale Under Power of Sale
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 (hereinafter known as
the “Security Deed”) from
DUNHILL DEVELOPERS,
LLC to NORTHEAST
GEORGIA BANK dated
August 11, 2006 and recorded
on August 16, 2006 in Deed
Book45-C, Pages 348-350, as
last amended by Modification
dated April 2, 2009 and record
ed on April 29, 2009 in Deed
Book 55-C, Pages 600-601,
Jackson County, Georgia
Records. This Security Deed
secures a Note dated April
2, 2009 in the original princi
pal amount of $1,086,182.18,
plus interest; there will be sold
by the undersigned at pub
lic outcry to the highest and
best 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 prop
erty and improvements, if any;
to-wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
1765 G.M.D., Jackson County,
Georgia, containing 3.653
acres, more or less, as
shown on plat and survey of
Venable and Associates, Inc.,
Surveyors, dated February 19,
2005, recorded in the Office of
the Clerk of Superior Court of
Jackson County, Georgia, in
Plat Book 65, at Page 108. For
a more detailed description to
said tract, reference is hereby
made to said plat as recorded.
Subject to all existing ease
ments and rights-of-way for
public roads ad utilities now
in use.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of said loan. 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 attorney(s fees. (Notice of
intent to collect attorney’s fees
having been given.)
Said property will be sold
as the property of Dunhill
Developers, LLC and subject
to the outstanding ad valorem
taxes and/or assignments if
any, and further subject to the
outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Dunhill
Developers, LLC.
NORTHEAST GEORGIA
BANK
By: As Attorney-in-
fact for: Dunhill Developers,
LLC
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JA6,13,20,27P4)
gpn11
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 JEFFERY A. QUEEN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. (“MERS”) AS NOMINEE
FOR SGB CORPORATION
DBA WESTAMERICA
MORTGAGE COMPANY
, dated 06/13/2008, and
Recorded on 06/19/2008 as
Book No. 0052Q and Page
No. 0694-0710, JACKSON
County, Georgia Records,
as last assigned to CHASE
HOME FINANCE, LLC, by
assignment, conveying the
after-described property to
secure a Note of even date in
the original principal amount
of $112,000.00, 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 February,
2010, the following described
property:
All that tract or parcel of land,
lying being in the 245th District,
G.M., State of Georgia, County
of Jackson, City of Jefferson,
containing 0.98 acre, more or
less, as shown on that plat
and survey for Phillip Wood,
prepared by Albert M. Wynn,
Jr., Registered Jr., Registered
Surveyor, dated February
27, 1995, and recorded
in the Office of the Clerk of
the Superior Court Jackson
County Georgia in Plat Book
45, Page 83, said plat as
recorded is hereby reference
for a more detailed description
of said property.
Property is conveyed sub
ject to that certain ingress/
egress easement by and
between Outlet Homes of
North Georgia, Inc. and
Frederick L. Hensley, Kong Ye
Kim Hensley, and Margaret E.
Finch, dated March 27, 2008,
recorded at Deed Book 51-Y,
Page 361, Jackson County,
Georgia Records.
The debt secured by said
Deed to Secure Debt has
been and is hereby declared
due because of, among other
possible events of default, fail
ure 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 purpose 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 attor
ney’s fees having been given).
The entity that has full authority
to negotiate, amend, and mod
ify all terms of the mortgage
with the debtor is: CHASE
HOME FINANCE, LLC, 3415
VISION DRIVE, Foreclosure,
COLUMBUS, OH 43219, 800-
848-9136. Please understand
that the secured creditor is not
required to negotiate, amend,
or modify 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
389 PEACH TREE ROAD,
JEFFERSON, GEORGIA
30549 is/are: JEFFERY A.
QUEEN or tenant/tenants.
Said property will be sold sub
ject to (a) any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), (b) any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, and
(c) all matters of record supe
rior to the Deed to Secure
Debt first set out above, includ
ing, but not limited to, assess
ments, liens, encumbrances,
zoning ordinances, ease
ments, restrictions, 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.
CHASE HOME FINANCE,
LLC as Attorney in Fact for
JEFFERY A. QUEEN.
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
20090187422268
BARRETT, DAFFIN &
FRAPPIER, L.L.P. 4004
Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
(JA6,13,20,27P4)
gpn11
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 HUBERT
PITTMAN and NORMA
WALKER PITTMAN to
NATIONSCREDIT FINANCIAL
SERVICES CORPORATION
dated October 28, 1998, in
the amount of $136,680.00,
and recorded in Deed Book
18-R, Page 138, 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 February,
2010, during the legal hours of
sale, at the Courthouse door in
Jackson County, sell at public
outcry to the highest bidder for
continued on following page