Newspaper Page Text
WEDNESDAY, JANUARY 13, 2010
THE JACKSON HERALD
PAGE 19 C
Public Notices Continued
Georgia, within the legal hours
of sale on the first Tuesday in
February, 2010, the following
described property:
Parcel One: All those two
tracts or parcels of land lying
and being in the 257th G. M.
District of Jackson County,
Georgia designated as Lot
#14 and Lot #15 and con
taining 4.32 acres and 3.34
acres respectively according
to a plat of survey prepared by
W. T. Dunahoo & Associates,
Registered Surveyors, dated
January 9, 1980, a copy of
which is recorded in Plat Book
12, Page 166, Jackson county
Records, reference made to
said plat of survey for a more
complete description of the
property.
The property herein is con
veyed subject to existing ease
ments, restrictions, covenants
and right of ways of record.
Parcel Two: All those three
tracts or parcel of land lying and
being inthe257th District, G.M.,
Jackson County, Georgia, and
on the South side of Pittman
Carter Road and designated
as Lot No. 16 containing 4.36
acres, Lot No. 17, containing 4
acres and Lot No. 18 contain
ing 3.89 acres, as shown by
plat and survey of same of W.
T. Dunahoo, Surveyor, dated
January 9, 1980, said plat
being recorded in the Office of
the Clerk of Superior Court of
Jackson County, Georgia, in
Plat Book 12, Page 166. For
a more detailed description to
said tracts, reference is hereby
made to said plat as recorded.
The property herein is con
veyed subject to existing ease
ments, restrictions, covenants
and right of ways of record.
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, failure to pay
the indebtedness as and when
due and in the manner provided
in the Note and Security Deed.
The debt remaining in default,
this sale will be made for the
purpose of paying the same
and all expenses of this sale,
as provided in the Security
Deed 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 any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, ease
ments, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is DANIEL WILSON
or a tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact for
DANIEL WILSON
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01803
(JA6,13,20,27B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power
of sale contained in that
certain Deed to Secure
Debt from BRASELTON
DEVELOPMENT GROUP,
INC. to STATE BANK AND
TRUST COMPANY by assign
ment from the FEDERAL
DEPOSIT INSURANCE
CORPORATION, Receiver
for Security Bank of Gwinnett
County d/b/a Homestead Bank
of that certain Deed to Secure
Debt dated May 25, 2007, and
recorded in Deed Book 48-Y,
Page 59, Jackson County,
Georgia Records (hereinafter
referred to as “Deed to Secure
Debt”), said Deed to Secure
Debt securing a Promissory
Note in the original princi
pal sum of ONE MILLION
AND 00/100 DOLLARS
($1,000,000.00) (“Note”), with
interest from said date at the
rate stated in said Note on
the unpaid balance until paid,
there will be sold by the under
signed at public outcry to the
highest bidder for cash before
the Courthouse at Jackson
County, Georgia, within the
legal hours of sale on Tuesday,
February 2, 2010, the prop
erty described on Exhibit “A”
attached hereto and incorpo
rated herein by reference. The
debt secured by said Deed to
Secure Debt has been and is
hereby declared due and pay
able because of, among other
possible events of default, fail
ure to make payments on said
Note. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, including attorneys’ fees.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, easements, cov
enants, and matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not necessarily limited
to, senior encumbrances that
will not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned, the
Party or Parties in possession
of the property is Braselton
Development Group, Inc.,
or a tenant or tenants, and
said property is more com
monly known as New Liberty
Church Road, Braselton,
Jackson County, Georgia.
However, please rely only on
the legal description contained
in this notice for the location
of the property. Please be
advised that, if the property
contains multiple lots or par
cels, the undersigned reserves
the right to sell the properties
separately or together.
State Bank and Trust
Company, as successor to
Security Bank of Gwinnett
County d/b/a Homestead
Bank
Attorneys in Fact for
Braselton Development Group,
Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forest Drive,
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of
land lying and being in Porter’s
GMD 1765, Jackson County,
Georgia, being open space #2
containing 0.21 acres more or
less, open space #3 containing
0.30 acres more or less, open
space #5 containing 0.29 acres
more or less, open space #6
containing 7.13 acres more or
less, open space #7 containing
0.68 acres more or less, open
space #8 containing 4.84 acres
more or less, and open space
#9 containing 0.29 acres more
or less, Liberty Crossing, Unit
One, all as shown on that plat
depicting Liberty Crossing, Unit
One recorded in Plat Book 68,
Pages 282-286, and revised
in Plat Book 68, Pages 290-
295, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence for a more complete
description of said property.
AND
RECREATION AREA:
ALL that tract or parcel of
land, lying and being in Porters
G.M.D. (1765), in the Town
of Braselton, Jackson County,
Georgia, containing 3.07 acres
of land, more or less, and being
more particularly described as
follows:
Beginning at a point at
the northwesterly end of the
mitered Intersection of the
easterly margin of the right-
of-way of New Liberty Church
Road (right-of-way width var
ies) and the northerly margin of
Madison Avenue (right-of-way
width varies), being the TRUE
POINT OF BEGINNING;
thence along the easterly mar
gin of the right-of-way of New
Liberty Church Road the fol
lowing courses and distances:
27.76 feet along the arc of
a curve to the right having a
radius of 1242.97 feet, chord
bearing of North 10 degrees
31 minutes 48 seconds West,
and chord distance of 27.75
feet to a point; 320.68 feet
along the arc of a curve to the
left having a radius of 1413.24
feet, chord bearing of North 14
degrees 40 minutes 19 sec
onds West and chord distance
of 319.99 feet to an iron pin;
thence departing said right-of-
way North 42 degrees 15 min
utes 46 seconds East, 199.38
feet to an iron pin; thence
South 47 degrees 44 minutes
14 seconds East, 97.07 feet
to an iron pin; thence South
46 degrees 52 minutes 54
seconds East, 257.47 feet to
an iron pin; thence South 01
degree 37 minutes 50 seconds
East, 216.18 feet to an iron
pin on the northerly margin of
Madison Avenue; thence along
the margin of said right-of-way
the following courses and dis
tances: 32.77 feet along the
arc of a curve to the left having
a radius of 200.00 feet, chord
bearing of South 83 degrees 40
minutes 32 seconds West and
chord distance of 32.73 feet
to a point; South 78 degrees
58 minutes 54 seconds West,
123.49 feet to a point; 20.13
feet along the arc of a curve
to the left having a radius of
320.00 feet, chord bearing of
South 77 degrees 10 minutes
47 seconds West and chord
distance of 20.13 feet to a
point; South 75 degrees 22
minutes 40 seconds West,
96.58 feet to a point; thence
along the mitered intersection
with New Liberty Church Road
North 58 degrees 21 min
utes 30 seconds West, 55.30
feet to the TRUE POINT OF
BEGINNING.
This parcel is shown on a plat
entitled Final Plat for Unit One
of Liberty Crossing, prepared
by Development Consultants
Group, last revised 4/4/07.
Subject to matters as shown
on that plat depicting Liberty
Crossing, Unit One, Recorded
in Plat Book 68, Page 282-
286, and revised in Plat Book
68, Pages 290-295, Jackson
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference for a
more complete description of
said property.
(]A6,13,20,27P4)
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 made by DNS
CONSTRUCTION, INC. a
Georgia Corporation, Grantor,
to BRANCH BANKING AND
TRUST COMPANY, as suc
cessor in interest to COLONIAL
BANK by asset acquisition from
the Federal Deposit Insurance
Corporation as Receiver for
Colonial Bank, Grantee, on
the 27th day of March 2006
(“Security Deed”), said deed
recorded on March 29, 2006, in
the Superior Court of Jackson
County, Georgia, in Deed Book
43F, Page 200, 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), record
ed in the Superior Court of
Jackson County, Georgia, in
Deed Book 56N, Page 339, on
November 5, 2009, and as fur
ther affected by that certain Full
Cancellation of Recorded Lien
recorded on July 20, 2007,
in Deed Book 49-L, Page 91,
and as further affected by that
certain Reinstatement Affidavit
recorded January 2, 2009, in
Deed Book 53-W, Page 599,
conveying the after-described
property to secure those cer
tain Non-Consumer Real
Estate Notes from Grantor
payable to Grantee, in the
original principal amount of
(1) (Lot 20) TWO HUNDRED
TWENTY-TWO THOUSAND
SEVEN HUNDRED FIFTY
AND NO/100 DOLLARS
($222,750.00), dated March
27, 2006, and all modifications
thereof with the last modifica
tion being dated April 10, 2009,
in the amount of FORTY-TWO
THOUSAND SEVEN THIRTY-
SIX AND 75/100 DOLLARS
($42,736.75), and (2) (Lot 39)
TWO HUNDRED THIRTY-
NINE THOUSAND NINE
HUNDRED TWENTY-FIVE
AND NO/100 DOLLARS
($239,925.00), dated March
27, 2006, and all modifica
tions thereof, with interest
thereon as set forth therein
(the “Notes”), 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 20, Phase One, The
Preserve at Jefferson as per
plat recorded in Plat Book 57,
Pages 297 through 299, and
Lot 39, Phase 2, The Preserve
at Jefferson, as per plat record
ed in Plat Book 64, Pages 110
through 113, Jackson County,
Georgia Records, which plat is
hereby incorporated herein by
reference.
[Lot 25, Unit One, is being
purposely excluded from the
above legal description by vir
tue of that certain Quit Claim
Deed recorded in Deed Book
48-Q, Page 517. Lot 1 is
being purposely excluded from
the above legal description
by virtue of that certain Quit
Claim Deed recorded in Deed
Book 49-I, Page 350. Lot 20,
Phase One and Lot 39, Phase,
The Preserve at Jefferson are
the only lots 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
20, Phase One and Lot 39,
Phase 2, The Preserve at
Jefferson, Jackson County,
Georgia, and the party in pos
session 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
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
BANK by asset acquisition from
the Federal Deposit Insurance
Corporation as Receiver for
Colonial Bank, Grantee, on
the 30th day of April 2007,
said deed recorded on May 2,
2007, in the Superior Court of
Jackson County, Georgia, in
Deed Book 48-L, Page 695
(“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), record
ed in the Superior Court of
Jackson County, Georgia, in
Deed Book 56N, Page 339,
on November 5, 2009, con
veying the after-described
property to secure that certain
Non-Consumer Real Estate
Note from Grantor payable to
Grantee, in the original princi
pal amount of ONE HUNDRED
FIFTY-THREE THOUSAND
SEVEN HUNDRED SEVEN
AND NO/100 DOLLARS
($153,707.00), dated April 30,
2007, and all modifications
thereof with the last modifi
cation being dated April 10,
2009, in the amount of FIFTY
THOUSAND TWO HUNDRED
FIFTY-TWO AND 47/100
DOLLARS ($50,252.47), 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 Lot27, Belmont
Chase, as per plat recorded in
Plat Book 64, Pages 243-245,
Jackson County Records, said
plat being incorporated herein
and made reference hereto.
[Lot 17 is being purposely
excluded from the above legal
description by virtue of that cer
tain Quit Claim Deed recorded
on July 20, 2007, in Deed
Book 49-L, Page 456. Lot 55
is being purposely excluded
from the above legal descrip
tion by virtue of that certain
Quit Claim Deed recorded on
May 5, 2008, in Deed Book
52-G, Page 246. Lot 27,
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
27, 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, RC.
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
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
cessors interest to COLONIAL
BANK 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 doorof 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 posses
sion 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
(JA6,13,20,27P4)
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
cessors interest to COLONIAL
BANK 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
continued on following page