Newspaper Page Text
WEDNESDAY, JANUARY 20, 2010
THE JACKSON HERALD
PAGE 15 C
Public Notices Continued
said Deed.
Said property will be sold as
the property of Ana C. Abreu,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being pres
ently in the possession of Ana
C. Abreu, and the proceeds of
said sale will be applied to the
payment of said indebtedness
and all the expenses of said
sale, including attorney’s fees,
all as provided in said Deed,
and the balance, if any, will be
distributed as provided by law.
HSBC Bank USA, National
Association as Trustee for
PHH 2007-3 as Attorney-in-
Fact for Ana C. Abreu
File no. 09-020874
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd.,
Suite 100
Atlanta, GA 30341-3941
(770)220-2535/AS R
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(JA6,13,20,27B/1323-S0T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks & Jackson County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed by
TIMOTHY M. THOMAS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated November 7, 2006,
in the amount of $147,613.00,
and recorded in Deed Book
292, Page 541, Banks County,
Georgia Records, and record
ed on December 27, 2006, in
Deed Book 46-X, Page 269
, Jackson County, Georgia
Records, as last transferred to
BAC Home Loans Servicing,
L.P. FKA Countrywide Home
Loans Servicing, L.P. by
assignment; the undersigned,
BAC Home Loans Servicing,
L.P. FKA Countrywide Home
Loans Servicing, L.P. 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
Banks & 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
465th District, G.M., Banks
County, Georgia, and the
255th District, G.M., Jackson
County, Georgia, and being
that 2.889 acres, more or less,
as more particularly shown
on a plat of survey prepared
for Abel Hernandez by Slate
& Assoc., Inc., Registered
Surveyor, dated October 24,
2006, recorded in Plat Book
30, Page 156, in the Office of
the Clerk of the Superior Court
of Banks County, Georgia, and
recorded in Plat Book
Page , in the Office of the
Clerk of the Superior Court of
Jackson County, Georgia, and
incorporated herein and made
a part hereof by reference for a
more detailed description.
Also: 60 foot ingress-
egress easement designated
as Holland Dam Road and
being more particularly shown
on plat of survey referenced
herein above.
Also: Gravel drive easement
designated on plat of survey
referenced herein above.
which has the property
address of 334 Holland Dam
Dr., Maysville, 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 Timothy M.
Thomas 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,
L.P. FKA Countrywide
Home Loans Servicing, L.P.
Attorney in Fact for Timothy M.
Thomas
Anthony DeMarlo, Attorney/
smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21669 /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.
(JA6,13,20,27B/1325-S0)
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Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of the power of
sale contained in the Security
Deed by and between
DANIEL TEPEI, (“Borrower”)
to NBANK, N.A., (“Lender”)
dated December 15, 2004,
and recorded in Deed Book
37-D, Page 129, Jackson
County Records conveying
the realty described on Exhibit
“A” attached hereto as col
lateral for the debt in the prin
cipal amount of $143,010.00
together with all late fees and
interest from dates of execu
tion at the rates provided
therein on the unpaid bal
ance; there will be sold by the
undersigned at public outcry
to the highest bidder for cash
before the courthouse door at
Jackson County Georgia, with
in the legal hours of sale on
the first Tuesday of February,
2009, the realty in the 245th
and 248th Districts, Jackson
County, Georgia, being more
completely described as fol
lows:
EXHIBIT A
All that tract or parcel of land
lying and being in the 245th
and 248th District, Jackson
County, Georgia being Lot
16, Pod N, Traditions of
Braselton Subdivision as per
plat recorded in Plat Book 64,
page 97-98, in the Office of
the Clerk of the Superior Court
for Jackson County, Georgia,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
Said property is subject to
other easements, restrictions,
reservations, and rights-of-way
of record, if any.
The debt secured by said
Security Deed has been and is
hereby declared due and pay
able because, among other
possible events of default, of
the Borrower’s failure to pay
the interest and principal when
due. The debt 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),
and any matters which might
be disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, 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 Grantee, the party in
possession of the property is
Borrower or a tenant or ten
ants.
First Covenant Bank As
Attorney In Fact For Daniel
Tepei
/s/ Dylan E. Wilbanks
Dylan E. Wilbanks
Wilbanks Law Firm, RC.
1237 S. Elm Street, Suite B
Commerce, GA 30529
PHONE: 706-335-2355
FAX: 706-243-6464
(JA6,13,20,27P4)
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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 TEODOR
LUCA and LUCA TEODOR
to INDYMAC BANK, F.S.B.
dated May 17, 2005, in the
amount of $90,930.00, and
recorded in Deed Book 39-E,
Page 628, Jackson County,
Georgia Records, as last
transferred to Deutsche Bank
National Trust Company, as
Trustee of Indymac Loan Trust
Mortgage backed Certificates
Series 2005-L1 under the
Pooling and Servicing agree
ment dated June 1, 2005, by
assignment, the undersigned,
Deutsche Bank National
Trust Company, as Trustee of
Indymac Loan Trust Mortgage
backed Certificates Series
2005-L1 under the Pooling and
Servicing agreement dated
June 1, 2005, 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 245th and
248th District, G.M., Jackson
County, Georgia, being Lot
56B, Pod L, Traditions of
Braselton, Phase I, as per
plat recorded in Plat Book 62,
Pages 51-59, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia,
which recorded plat is hereby
incorporated herein by refer
ence and made a part of this
description.
which has the property
address of 1845 Traditions
Way, 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 Teodor Luca
and Luca Teodor 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 as provided in
the aforementioned Security
Deed.
Deutsche Bank National
Trust Company, as Trustee of
Indymac Loan Trust Mortgage
backed Certificates Series
2005-L1 under the Pooling
and Servicing agreement
dated June 1, 2005 Attorney in
Fact for Teodor Luca and Luca
Teodor
Anthony DeMarlo, Attorney/
Iseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-28049 /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.
(JA6,13,20,27B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
By virtue of the power of
sale contained in that cer
tain Construction Loan Deed
to Secure Debt and Security
Agreement (hereinafter
the “Security Deed”) from
HOMELIFE COMMUNITIES
OF NORTHEAST ATLANTA,
INC. (n/k/a ATREUS
COMMUNITIES OF
NORTHEAST ATLANTA,
INC.) to BANK OF NORTH
GEORGIA (as assigned to
Fairway Fund XI LLC), dated
August 29, 2007, recorded at
Deed Book 50-B, Page 533,
Jackson County, Georgia
Records, and re-recorded
at Deed Book 50-0, Page
771, aforesaid records; said
Security Deed being given to
secure indebtedness under
that certain Commercial
Promissory Note (as renewed,
hereinafter the “Note”) from
Homelife Communities
of Northeast Atlanta, Inc.
(n/k/a Atreus Communities
of Northeast Atlanta, Inc.) to
Bank of North Georgia (as
assigned to Fairway Fund XI
LLC), dated August 29, 2007,
and renewed on September
5, 2008, in the principal
amount of TWO MILLION
FOUR HUNDRED THIRTY
THOUSAND AND N0/100
DOLLARS ($2,430,000.00),
with interest on the unpaid bal
ance from the date thereof
until maturity or until paid,
together with all other amounts
payable with respect there
to; there will be sold by the
undersigned at public outcry
to the highest bidder, for cash
before the Courthouse door
in Jefferson, Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday in
February, 2010, the property
being more fully described as
follows:
ALL THAT TRACT OR
PARCEL OF LAND lying and
being in Porter’s GMD 1765,
Jackson County, Georgia,
being Lots 24, 25, 26, 27,
49, 50, 51, 65, 66, 67, 68,
69, 70, 71, 72, 73, 74, 75, 76,
77, 86, 87, 88, 89, 94, 95, 96,
109, 110, 111, 112, 113, 114,
115, 116 and 117, Liberty
Crossing, Unit One, as per
plat recorded in Plat Book
68, Pages 282-286, Jackson
County, Georgia records, and
revised per plat recorded in
Plat Book 68, Pages 290-294,
aforesaid records, and further
revised per plat recorded in
Plat Book 70, Pages 98-102,
and further revised per plat
recorded in Plat Book 70,
Pages 162-166, aforesaid
records, which recorded plats
are incorporated herein by ref
erence for a more complete
description of said property.
The debt secured by said
Note and Security Deed has
been and is hereby declared
due and payable in full
because of, among other pos
sible events of default, non sat
isfaction of certain covenants
in accordance with the terms
of the Note and the Security
Deed. The loan remaining
in default, this sale will be
made for purposes of paying
the same and all expenses of
this sale, including attorney’s
fees.
Said property will be sold
as the property of Atreus
Communities of Northeast
Atlanta, Inc., subject to all
unpaid taxes, assessments,
and any superior items of
record, and those certain plats
for Liberty Crossing, Unit One,
recorded at Plat Book 70,
Pages 98-102, and Plat Book
70, Pages 162-166, aforesaid
records.
FAIRWAY FUND XI LLC,
a New York limited liability
company, As Attorney in Fact
for Atreus Communities of
Northeast Atlanta, Inc.
Stephanie B. Skidmore,
Esq.
Hartman, Simons, Spielman
& Wood, LLP
6400 Powers Ferry Road,
N.W.
Suite 400
Atlanta, Georgia 30339
(770) 955-3555
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.
(JA6,13,20,27P4)
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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 DIONICIO MENESES
and LEIGH C. MENESES to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated June 5, 2007, in
the amount of $233,050.00,
and recorded in Deed Book
48-Y, Page 751, Jackson
County, Georgia Records, as
last transferred to Ocwen Loan
Servicing, LLC by assignment,
the undersigned, Ocwen Loan
Servicing, 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
cash, the property described in
said deed to-wit:
All that tract or parcel of
land lying and being in the
245th District G.M., State of
Georgia, County of Jackson,
being Lot 86, Finch Landing,
Phase III and being more par
ticularly described and delin
eated according to a Plat and
Survey prepared by Venable
and Associates, Inc., certified
by Allen L. Venable, Jr., GRLS
No. 1761, dated June 20, 2005,
entitled Final Plat for Finch
Landing, Phase III, said Plat
being of record in the Office of
the Clerk of Superior Court for
Jackson County, Georgia in
Plat Book 66, Pages 100-102,
which said Plat and the record
ing thereof are by reference
hereto incorporated herein for
a more complete and detailed
description.
which has the property
address of 362 Raven Ridge,
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 Dionicio
Meneses and Leigh C.
Meneses 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.
Ocwen Loan Servicing, LLC
Attorney in Fact for Dionicio
Meneses and Leigh C.
Meneses
Anthony DeMarlo, Attorney/
kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-27844 /FHLMC
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.
(JA6,13,20,27B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by LAMAR TONEY
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated August 17, 2004,
in the amount of $104,291.00,
and recorded in Deed Book
35-W, Page 504, Jackson
County, Georgia Records, as
last transferred to Ocwen Loan
Servicing, LLC by assignment,
the undersigned, Ocwen Loan
Servicing, 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
cash, the property described in
said deed to-wit:
All that tract or parcel of
land lying and being in the
245th GMD, Jackson County,
Georgia, containing 2.89
acres, more or less, and being
designated as Lot 11 as shown
on plat of survey of White
Oak Subdivision, prepared by
W.T. Dunahoo & Associates,
Inc., Surveyors, dated March
15, 1994, and recorded in the
Office of the Clerk of Superior
Court of Jackson County,
Georgia, in Plat Book 47, Page
160. Said plat as recorded,
is hereby incorporated by ref
erence for a more detailed
description of said property.
This conveyance is made
subject to all zoning ordinanc
es, easements and restrictions
of record affecting said bar
gained premises.
which has the property
address of 172 White Oak
Trail, 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 Lamar Toney
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.
Ocwen Loan Servicing, LLC
Attorney in Fact for Lamar
Toney
Anthony DeMarlo, Attorney/
kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-19233 /FHLMC
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.
(JA6,13,20,27B/1325-50)
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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 LUTHER
FRANKLIN, JR. and
SANDRA D. FRANKLIN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated March 16, 2006,
in the amount of $259,250.00,
and recorded in Deed Book
43- E, Page 416, Jackson
County, Georgia Records,
as last transferred to LaSalle
Bank, N.A. as Trustee for the
MLMI Trust Series 2006-AHL1
by assignment, the under
signed, LaSalle Bank, N.A. as
Trustee for the MLMI Trust
Series 2006-AHL1 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
cash, the property described in
said deed to-wit:
All that certain parcel of land
situate in the 248th District,
G.M., County of Jackson, and
State of Georgia, being known
and designated as follows:
Containing 1.500 acres,
more or less, as per plat of
survey prepared for Luther
Franklin, Jr., by Venable &
Associates, Inc., Georgia
Registered Surveyor, dated
August 23, 1999, and record
ed in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia, in Plat Book
55, Page 202. Said plat as
recorded, is hereby referenced
for a more detailed description
to said property.
Tax ID: 105-024A
which has the property
address of 4256 Braselton
Highway, Hoschton, 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 Luther
Franklin, Jr. and Sandra D.
Franklin 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.
LaSalle Bank, N.A. as
Trustee for the MLMI Trust
Series 2006-AHL1 Attorney in
Fact for Luther Franklin, Jr.
and Sandra D. Franklin
Anthony DeMarlo, Attorney/
kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-13734 /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.
(fA6,13,20,27B/1325-50)
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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 AMY
DENISE ERICKSON and
BRANT D. ERICKSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated May 25, 2006, in
the amount of $160,000.00,
and recorded in Deed Book
44- H, Page 464, Jackson
County, Georgia Records,
as last transferred to U.S.
Bank National Association,
as Trustee for the Specialty
Underwriting and Residential
Finance Trust Mortgage Loan
Asset-Backed Certificates
Series 2006-BC4 by assign
ment, the undersigned, U.S.
Bank National Association,
as Trustee for the Specialty
Underwriting and Residential
Finance Trust Mortgage Loan
Asset-Backed Certificates
continued on following page