Newspaper Page Text
PAGE 12C
THE JACKSON HERALD
WEDNESDAY, JANUARY 27, 2010
Public Notices Continued
Registration Systems, Inc.
Attorney in Fact for Griselda
D. Rosa
Anthony DeMarlo, Attorney/
awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-17388 /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/1325-70)
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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 BEN D. PAHR
and KRISTI L. PAHR to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated January 12, 2006,
in the amount of $152,000.00,
and recorded in Deed Book
42-M, Page 234, Jackson
County, Georgia Records, as
last transferred to Deutsche
Bank National Trust Company,
as trustee (not in its individual
capacity but solely as trustee),
in trust for registered Holders
of VCM Trust Series 2008-1 by
assignment, the undersigned,
Deutsche Bank National Trust
Company, as trustee (not in its
individual capacity but solely
as trustee), in trust for regis
tered Holders of VCM Trust
Series 2008-1 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
465th G.M.D., Jackson county,
Georgia, being designated as
Tract 5 on a plat of survey
prepared for J. Albert Minish
by Max Lewallen, Registered
surveyor, dated May 25, 1991,
recorded in Plat Book 35,
Page 73, 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.
Said property bounded on
the North by Tract 6; on the
East by Centerline of Chandler
(Candler) Creek, on the West
by Centerline of Unity Church
Road #263; and on the South
by Centerline of County Road.
LESS & EXCEPT: All that tract
or parcel of land lying and
being in the 465th G.M.D.,
Jackson County, Georgia, and
being that 2.00 Acres, more or
less, designated as Tract 5A
on a plat of survey prepared for
Ralph Ash by Max Lewallen,
Registered Surveyor, dated
December 22, 1997, recorded
in Plat Book 51, Page 241,
in the Office of the Clerk of
the Superior court of Jackson
County, Georgia and incorpo
rated herein and made a part
hereof by reference for a more
description. Subject to all ease
ments, covenants and restric
tions of record, if any. Together
with an improvement and
immovable fixture permanently
attached hereto, a Greystone
Manufactured Home, VIN
Numbers PH235068A AND
PH235068B.
which has the property
address of 638 Unity Church
Circle, 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 Ben D. Pahr
and Kristi L. Pahr 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
(not in its individual capacity
but solely as trustee), in trust
for registered Holders of VCM
Trust Series 2008-1 Attorney in
Fact for Ben D. Pahr and Kristi
L. Pahr
Anthony DeMarlo, Attorney/
canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-23356 /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/1325-70)
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Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of the power of sale
contained in a Security Deed
from ROBERT SIMMONS
and LORRIE SIMMONS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS
INC., as nominee for BSM
FINANCIAL, L.P. dated March
29, 2007, recorded in Deed
Book 48-C, Pages 335-348,
Jackson County Records, and
last assigned to Chase Home
Finance LLC, conveying the
after-described property to
secure a Note in the original
principal amount of EIGHTY-
NINE THOUSAND FIVE
HUNDRED EIGHTY-SEVEN
AND 00/100 ($89,587.00),
with interest thereon as set
forth therein, there will be sold
at public outcry to the high
est bidder for cash, before the
Courthouse door of Jackson
County, Georgia, during the
legal hours of sale on the first
Tuesday, February 2, 2010 the
following described property,
to wit:
Legal description attached
hereto and made a part here
of, Includes Manufactured
Housing Unit(s) described as
follows:
Make: Southern Energy
Model: Southwind
Width: 28
Length: 76
Serial # DSE2AL9654A/B
Year: 1996
Said Unit(s) attached to the
land in a permanent manner so
as to be rendered an immov
able fixture and an integral part
of the subject property.
All that tract or parcel of
land lying and being in the
253rd GMD, Jackson County,
State of Georgia and contain
ing 2.111 acres, according to
that plat of survey prepared
for Denver K. Phillips by Ringo
& Sadler, GRLS, dated March
18, 1996, recorded in Plat Book
47, Page 369, in the Office of
the Clerk of Superior Court of
Jackson County, Georgia and
incorporated herein and made
a part hereof by reference for a
more detailed description.
This conveyance is made
subject to all zoning ordinanc
es, easements, covenants and
restrictions affecting said bar
gained premises.
The Debt secured by said
Security Deed has been and is
hereby declared due because
of nonpayment of the indebt
edness when due and in the
manner provided in the Note
and Security Deed. The debt
remaining in default, the sale
will be made for the purpose
of paying the same and all
expenses of sale, as provided
in the Security Deed and by
law, including attorney’s fees,
notice of intent to collect attor
ney’s fees having been given.
Said property will be sold
subject to any outstanding ad
valorem taxes, any assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, 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 Robert Simmons and
Lorrie Simmons or, a tenant
or tenants, and said property
was or is commonly known
as 256 Tal Phillips Road,
Commerce, GA 30530.
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.
Chase Home Finance LLC
As Attorney in Fact for Robert
Simmons and Lorrie Simmons
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 09-8692
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR-
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JA6,13,20,27B/1327-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by ANA C. ABREU to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated April 19, 2007,
and recorded in Deed Book
48-J, Page 415, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to HSBC Bank
USA, National Association as
Trustee for PHH 2007-3, by
Assignment securing a Note
in the original principal amount
of $197,900.00, the holder
thereof pursuant to said Deed
and Note thereby secured has
declared the entire amount of
said indebtedness due and
payable and, pursuant to the
power of sale contained in said
Deed, will on the first Tuesday,
February 2, 2010, during the
legal hours of sale, before
the Courthouse door in said
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 GMD
245, Jackson County, Georgia,
being Lot 19, Block A, Jefferson
Walk West, Unit Two, as per
plat recorded in Plat Book
62, page 81, Jackson County
records, said plat being incor
porated herein by reference
thereto.
Said property is known as
1129 Jefferson Walk Circle,
Jefferson, GA 30549, togeth
er with all fixtures and personal
property attached to and con
stituting a part of said property,
if any.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, whether or
not now due and payable), the
right of redemption of any tax
ing authority, any matters which
might be disclosed by an accu
rate 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.
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 attorney’s
fees in accordance with the
terms of the Note secured by
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/ASR
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/1323-50T1P)
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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.R FKA Countrywide Home
Loans Servicing, L.R 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/1325-50)
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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, P.C.
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.
tJA6,13,20,27B/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 cer
tain Commercial Promissory
Note (as renewed, hereinaf
ter the “Note”) from Homelife
Communities of Northeast
Atlanta, Inc. (n/k/a Atreus
Communities of Northeast
Atlanta, Inc.) to Bank of North
Georgia (asassigned to Fairway
Fund XI LLC), dated August
29, 2007, and renewed on
September 5, 2008, in the prin
cipal 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 thereto; there will
be sold by the undersigned
at public outcry to the high
est 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 record
ed 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 fur
ther revised per plat recorded
in Plat Book 70, Pages 162-
166, aforesaid records, which
recorded plats are incorporat
ed herein by reference 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)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in the
payment of the indebtedness
continued on following page