Newspaper Page Text
PAGE 4C
THE JACKSON HERALD
WEDNESDAY, FEBRUARY 3, 2010
Legal Notices
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of
Sale contained in that cer
tain CONSTRUCTION DEED
TO SECURE DEBT AND
SECURITY AGREEMENT
from NORTHSTAR HOMES,
LLC. to First Citizens BANK
AND TRUST COMPANY,
INC., assignee of the Federal
Deposit Insurance Corporation
in receivership of Georgian
Bank (“First Citizens”), filed
and recorded April 6, 2005,
in Deed Book 38-1, Page 225,
Jackson County, Georgia
Records (the “Security Deed”),
said Security Deed hav
ing been given to secure a
Note in the original principal
amount of EIGHT HUNDRED
SEVENTY-SIX THOUSAND
FOUR HUNDRED EIGHTY
AND NO/100THS DOLLARS
($876,480.00), with interest
thereon as provided for there
in, 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
for sale on the first Tuesday
in March, 2010, all proper
ty described in said Security
Deed, including, but not lim
ited to, the following described
property (or so much thereof
as has not, as of said first
Tuesday, by duly executed
and recorded instrument, pre
viously been released from the
lien of the Security Deed by
First Citizens):
All that tract or parcel or land
lying and being in GMD 248
of Jackson County, Georgia,
being known and designated
as Lots C-62 and C-156, POD
C, PHASE 1 of LINKS AT
TRADITIONS as shown on that
certain survey entitled “Final
Plat for Links at Traditions,
Fairways at Traditions and
Woods at Traditions”, said plat
being filed and recorded on
February 24, 2005 at Plat Book
64, Pages 213 through 219,
inclusive, Jackson County,
Georgia Records, reference
to said plat of survey and the
record thereof being hereby
made for a more complete
legal description.
All that tract or parcel of land
lying and being in GMD 248
of Jackson County, Georgia,
being known and designated
as Lots H-80 and H-94, POD
H, PHASE 1 of WOODS AT
TRADITIONS as shown on that
certain survey entitled “Final
Plat for Links at Traditions,
Fairways at Traditions and
Woods at Traditions”, said plat
being filed and recorded on
February 24, 2005 at Plat Book
64, Pages 213 through 219,
inclusive, Jackson County,
Georgia Records, reference
to said plat of survey and the
record thereof being hereby
made for a more complete
legal description.
LESS AND EXCEPT:
All that tract or parcel or land
lying and being in GMD 248
of Jackson County, Georgia,
being known and designated
as Lots C-62 and C-156, POD
C, PHASE 1 of LINKS AT
TRADITIONS as shown on that
certain survey entitled “Final
Plat for Links at Traditions,
Fairways at Traditions and
Woods at Traditions”, said plat
being filed and recorded on
February 24, 2005 at Plat Book
64, Pages 213 through 219,
inclusive, Jackson County,
Georgia Records, reference
to said plat of survey and the
record thereof being hereby
made for a more complete
legal description.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due because of default under
the terms of said Security
Deed and Note, including, but
not limited to, the nonpayment
of the indebtedness as and
when due. The indebtedness
remaining in default, this sale
will be made for the purpose of
paying the same, all expenses
of the sale, including attorneys’
fees and other payments pro
vided for under the terms of
the Security Deed and Note.
Said property will be sold
subject to the following items
which may affect the title to
said property: all zoning ordi
nances; matters which would
be disclosed by an accurate
survey or by inspection of
the property; any outstand
ing taxes, including, but not
limited to, ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills for
public utilities which constitute
liens upon said property; all
restrictive covenants, ease
ments, rights of way and any
other matters of record supe
rior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Northstar Homes,
LLC or tenant(s).
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the United States Bankruptcy
Code and (2) to final confirma
tion and audit of the status of
the loan with the holder of the
Security Deed. First Citizens
and its counsel are acting as a
debt collector. Any information
obtained will be used for that
purpose.
First Citizens as Attorney-
in-Fact for Northstar Homes,
LLC
Contact: Mathew A. Schuh,
Esq.
Busch, Slipakoff & Schuh,
LLP
3350 Riverwood Parkway,
Suite 1550
Atlanta, Georgia 30339
Telephone (770) 790-3550
(FE3,10,17,24P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia County of Jackson
Under and by virtue of the
power of sale contained in that
certain Deed to Secure Debt
and Security Agreement exe
cuted by HOSCHTON TOWNE
CENTER, LLC (“Borrower”) in
favor of RBC BANK (USA)
(successor in interest to The
Peachtree Bank)(“Lender”),
dated as of May 6, 2004
and recorded in the Official
Records of Jackson County
Deed Book 34-K, Page 233
on May 7, 2004 (as modified,
renewed, restated or other
wise amended from time to
time, and hereinafter referred
to as the “Security Deed”),
said Security Deed currently
securing a debt (the “Secured
Debt") evidenced by that cer
tain Promissory Note in the
maximum principal amount of
TWO MILLION SIX HUNDRED
FIFTY FIVE THOUSAND ONE
HUNDRED EIGHTY THREE
AND 72/100 DOLLARS
($2,655,183.72), executed by
Borrower and made payable
to the order of Lender (as
modified, renewed, restated
or otherwise amended from
time to time, and hereinafter
collectively referred to as the
“Note”), together with interest
thereon as provided in the said
Note and Security Deed, there
will be sold by the undersigned
at public outcry before the door
of the Courthouse of Jackson
County, Georgia during the
legal hours of sale on the first
Tuesday in March, 2010, to
the highest and best bidder for
cash, the following described
real property: SEE EXHIBIT
“A”, ATTACHED BELOW.
The Secured Debt has been
and is hereby declared due
because of default, including
(without limitation) the failure of
the Borrower to pay same as
and when due; said Secured
Debt remaining in default, this
sale will be made for the pur
pose of paying same and all
expenses of sale, including all
lawful costs, expenses, and
attorney’s fees as provided in
said Notes and Security Deed
(notice of intent to collect attor
neys fees having been given).
Said property will be sold sub
ject to any and all outstanding
ad valorem taxes and assess
ments (including taxes which
are a lien, not yet due and pay
able); to all matters that would
be disclosed by a current and
accurate survey and inspec
tion of the property, and to any
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, easements, and other
like matters of record superior
to said Security Deed. The
sale will further be conducted
subject to: (1) 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. Lender has
complied with statutes to the
extent required.
To the best of the knowledge
and belief of the undersigned,
the party in possession of
the said property is Hoschton
Towne Center, LLC or a ten
ant or tenants claiming under
same.
RBC Bank (USA) (successor
in interest to The Peachtree
Bank), attorney-in-fact for
Hoschton Towne Center, LLC
as aforesaid
Elizabeth A. Carroll
Thompson Hine LLP
One Atlantic Center, Suite
2200
1201 West Peachtree
Street
Atlanta, Georgia 30309-
3449
Phone: (404)541-2957
(Hoschton Towne Center,
LLC Loan Number 3312011-
101)
Wayne Hix
Anthony DeMarlo, Attorney/
smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-24983 /FHLMC
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
AND IS ATTEMPTING TO
AS
A DEBT
COLLECTOR
COLLECT A DEBT.
ANY
ATTEMPTING
TO COLLECT
INFORMATION
OBTAINED
A
DEBT
AND ANY
WILL BE USED
FOR
THAT
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE
Exhibit A
ALL THAT TRACT OR
PARCEL OF LAND LYING
AND BEING IN THE 1407
GMD OF JACKSON COUNTY,
GEORGIA and being more
particularly described as Lot
5, on that certain final subdivi
sion plat for “Hoschton Towne
Center, LLC”, prepared by
Mark Veal (GRLS # 2651),
dated March 20, 2004, as
last revised April 27, 2004,
as recorded at Plat Book 62,
pages 261 and 262, Jackson
County Records, which plat
is incorporated herein by this
reference.
TOGETHER WITH that cer
tain Declaration of Easements
and Covenants by Plansouth,
Inc., dated May 4, 2004,
filed for record May 7, 2004,
recorded at Deed Book 34-K,
Page 220, Jackson County
Records.
(FE3,10,17,24P4)
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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 TERRY W. HIX
aka TERRY WAYNE HIX to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated February 14, 2008
in the amount of $329,000.00,
and recorded in Deed Book
51R, Page 631, 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
PURPOSE.
(FE3,10,17,24B/1325-S0)
gpnll
Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale
contained in a Deed to Secure
Debt by LAURIE WALL to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. (“MERS”) as nominee
for AMERICAN EQUITY
MORTGAGE, INC., dated
May 15, 2007 and filed for
record May 23, 2007 in
Deed Book 48-T, Page 374,
Jackson County, Georgia
records, and securing a
Note in the original principal
amount of $144,900.00; last
transferred to CitiMortgage,
Inc. by Assignment filed for
record in the public deed
records of Jackson County,
Georgia, there will be sold at
a public outcry for cash to
the highest bidder before the
Courthouse door of Jackson
County, Georgia, between the
legal hours of sale on the first
Tuesday in March 2010, by
CitiMortgage, Inc. as Attorney-
in-Fact for Laurie Wall the
following property to-wit:
ALL THAT TRACT or par
cel of land lying and being in
the 248th GMD of Jackson
County, Georgia, being Lot 10,
Becca’s Walk Subdivision, as
per plat recorded in Plat Book
46, Page 82, Jackson County,
Georgia Records, which plat is
incorporated herein by refer
ence and made a part hereof.
Subject to any and all ease
ments, rights of way, restrictive
covenants and public utilities
of record.
The above described prop
erty is also known as 76 Ryan
Way, Hoschton, GA 30548.
The indebtedness secured
Debt described herein.
CitiMortgage, Inc. as
Attorney-in-Fact for Laurie
Wall
SHUPING, MORSE &
ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite
100
Riverdale, Georgia 30274-
1698
(770) 991-0000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE3,10,17 r 24B/119-50)
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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 CHRISTINE K.
BUSSEY and STEPHEN M.
BUSSEY to HOMEBANC
MORTGAGE CORPORATION
dated June 25, 2004, and
recorded in Deed Book 35-D,
Page 551, Jackson County
Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to The Bank of New York
Mellon, fka The Bank of New
York as Successor in interest
to JP Morgan Chase Bank
NA as Trustee for Structured
Asset Mortgage Investments II
Inc. Bear Stearns ALT-A Trust
2004-10, Mortgage Pass-
Through Certificates, Series
2004-10, by Assignment secur
ing a Note in the original prin
cipal amount of $256,000.00,
the holder thereof pursuant to
said Deed and 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, March 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 248
of Jackson County, Georgia,
which are a lien, whether or
not now due and payable),
the right of redemption of any
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, 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 Christine
K. Bussey and Stephen M.
Bussey, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Christine K. Bussey
and Stephen M. Bussey, and
the proceeds of said sale will
be applied to the payment of
said indebtedness and all the
expenses of said sale, includ
ing attorney’s fees, all as pro
vided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
The Bank of New York
Mellon, fka The Bank of New
York as Successor in interest
to JP Morgan Chase Bank
NA as Trustee for Structured
Asset Mortgage Investments II
Inc. Bear Stearns ALT-A Trust
2004-10, Mortgage Pass-
Through Certificates, Series
2004-10 as Attorney-in-Fact
for Christine K. Bussey and
Stephen M. Bussey
File no. 07-7261
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/RR
www.swertfeger.net
THE LAW FIRM IS ACTING
entire amount of said indebt-
by said Deed to Secure Debt
being Lot 19,
Phase II,
AS A
DEBT COLLECTOR.
edness due and payable and
having been declared due and
Chadwick Farms
Subdivision,
ANY
INFORMATION
pursuant to the power of sale
payable because of default in
per plat thereof
recorded in
OBTAINED WILL BE USED
contained in said deed, will
on the first Tuesday in March,
2010, during the legal hours of
sale, at the Courthouse door in
Jackson County, sell at public
outcry to the highest bidder for
cash, the property described in
said deed to-wit:
All that tract or parcel of land
lying and being in the 257th
G.M.D., Jackson County,
Georgia, containing 14.51
acres, more or less, desig
nated as Tract 4, as per plat
of survey entitled Survey for
Kinney Gee and Sarah Gee,
(also shown as Final Plat for
Sarahs Plantation) prepared
by Max Lewallen, GRLS,
dated June 22, 1998, and
recorded at Plat Book 50,
Page 208 in the Office of the
Clerk of Superior Court for
Jackson County, Georgia, said
plat being incorporated herein
by reference for a more par
ticular description of the above
property.
which has the property
address of 875 Mauldin Road,
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 Terry W. Hix
aka Terry Wayne Hix 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.
Ocwen Loan Servicing, LLC
Attorney in Fact for
Terry W. Hix aka Terry
the payment of the indebted
ness secured thereby, this sale
will be made for the purpose
of paying the same and all
expenses of sale, including
attorney’s fees, if applicable.
The property will be sold
as the property of the afore
said grantor subject to the
following: all prior restrictive
covenants, easements, rights-
of-way, security deeds, or
encumbrances of record; all
valid zoning ordinances; mat
ters which would be disclosed
by an accurate survey of the
property or by any inspection
of the property; all outstanding
taxes, assessments, unpaid
bills, charges, and expenses
that are a lien against the prop
erty whether due and payable
or not yet due and payable.
To the best of the under
signed’s knowledge and belief,
possession of the subject prop
erty is held by Laurie Wall .
Pursuant to O.C.G.A.
§ 44-14-162.2, the name,
address and telephone number
of the individual or entity who
shall have the full authority to
negotiate, amend or modify all
terms of the above described
mortgage is as follows:
CitiMortgage, Inc.
Attn: Loss Mitigation Dept.
3950 Regent Boulevard
MS - S2A - 286
Irving, TX 75063
Telephone number: 1-800-
422-1498
The foregoing notwithstand
ing, nothing in O.C.G.A. §
44-14-162.2 shall be construed
to require CitiMortgage, Inc. to
negotiate, amend or modify the
terms of the Deed to Secure
Plat Book 62, Page 170-171,
Jackson County Records,
which plat is made a part here
of by reference.
Said property is known as
389 Caldwell Lane, Hoschton,
GA 30548, together with all
fixtures and personal property
attached to and constituting a
part of said property, if any.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
FOR THAT PURPOSE.
[FC-NOS]
(FE3,10,17,24B/1323-60T1P)
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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
Security Deed from MICHELE
continued on following page
TO MEMBERS AND PATRONS
OF SOUTHERN STATES
COOPERATIVE, INC.
Bylaws of Southern States
Cooperative, Inc. require that
Members and Patrons maintain
a valid mailing address with the
Cooperative at all times. If
your name appears in the list
below, please contact the
Cooperative by mail at Attn:
Stock Records (6606 West
Broad Street, Richmond, VA
23230), to provide your current
address. Failure to do so within
180 days of this notice will
result in a Member’s or Patron’s
equities and other interest
being forfeited to the
Cooperative pursuant to Article
XIV, Section 5 of the Bylaws.
COLMAN ROADEN
NOTICE TO CREDITORS
AND DEPOSITORS OF
COMMUNITY BANK & TRUST
CORNELIA, GA
On January 29.2010 (the "Closing Date"), the Georgia Department of Banking and Finance closed
COMMUNITY BANK & TRUST. Cornelia. GA, 30531 (the "Failed Institution") and appointed the Federal
Deposit Insurance Corporation as Receiver (the "Receiver") to handle ail matters relating to the Failed
Institution.
TO THE CREDITORS OF THE FAILED INSTITUTION
All creditors having claims against the Failed Institution must submit their claims in writing, together with
proof of the claims, to the Receiver by May 06,2010 (the “Bar Date”), at the following address:
FDIC as Receiver ot COMMUNITY BANK & TRUST
7777 Baymeadows Way West, Jacksonville, FL 32256
Attention: Creditor Claims Agent
Under federal law, with certain limited exceptions, failure to file such claims by the Bar Date will
result in disallowance by the Receiver, the disallowance will be final, and further rights or remedies
with regard to the claims will be barred. 12 U.S.C. Section 1821(d)(5)(C), (d)(6).
TO THE DEPOSITORS OF THE INSTITUTION
The Federal Deposit Insurance Corporation, in its corporate capacity, which insures your deposits (the
"FDIC"). arranged for the transfer ot the deposit(s) at the Failed Institution to another insured deposrtory
institution, SCBT. NA, Orangeburg. SC. 29115 ("the New Institution"). This arrangement should minimize
the inconvenience the closing of the Failed Institution causes you. You may leave your deposits in
the New Institution, but you must take action to claim ownership of your deposits.
Federal law 12 U.S.C. Section 1822(e), requires you to claim ownership of (“claim") your deposits at
the New Institution within eighteen (18) months from the Closing Date. If you do not claim your
deposits at the New Institution by July 29.2011, the funds in your accounts) will be transferred back
to the FDIC, and you will no longer have access to your deposit(s) at the New Institution. However, as
described in more detail below, you may still be able to obtain these funds from your state government
or the Receiver.
You may claim your deposits at the New Institution by taking any of the following actions within 18 months
from the Closing Date. If you have mote than one account, your action in claiming your deposit in one
account will automatically claim your deposit in all of your accounts.
1. Making a deposit to or withdrawal from your accounts). This includes writing a check on any
account, or having an automated direct deposit credited to or an automated withdrawal debited
from any account;
2. Executing a new signature card on your account(s), enter into a new deposit agreement with the
New Institution, changing the ownership on your accounts), or renegotiating the terms of your
certificate of deposit account:
3. Providing the New Institution with a completed change of address form; or
4. Writing to the New Institution and notifying them that you wish to keep your accounts) active. Please
be sure to include the name(s) of the accounts), the account numberfs), and the signature of an
authorized signer on the accounts), name and address.
You should know that bank drafts issued by the Failed Institution, including officer's checks,
cashier's checks, money orders, dividend checks, interest checks, and expense checks, are all
considered deposits and must be claimed within 18 months from the Closing Date.
If you do not claim ownership of your deposit(s) at the New Institution within 18 months from the Closing
Date, federal law. 12 U.S.C. Section 1822(e). requires the New Institution to return your deposit(s) to
the FDIC and the FDIC to deliver the unclaimed deposit(s) as unclaimed property to the state listed in
your address on the Failed Institution's records. If your address is outside of the United States, the FDIC
is directed to deliver the unclaimed deposit(s) to the state in which the Failed Institution had its main
office. It the state accepts custody of your deposit(s). you will have ten years from the date of delivery
to claim your deposits) from the state in accordance with its unclaimed property laws. If you do not
claim your depositfs) from the state within the ten years, the funds will be returned to the FDIC, and
you will be permanently baned from claiming your deposits). If the state declines to accept custody of
your unclaimed deposit(s), you will be able to claim your deposit(s) directly from the FDIC until the
receivership is terminated. However, please note that a receivership may be terminated at any time.
Once the receivership is terminated, you will not be able to claim your deposits).
H you have a loan with the Failed Institution, and you would like to discuss offsetting your insured and/or
uninsured deposit(s) against the loan, you must contact the FDIC immediately.
In the event you disagree with the FDIC's determination of your insurance coverage as represented by
the account(s) made available at the New Institution, you may seek a review of the FDIC's determination
in the United States District Court for the federal judicial district where the pnncipal place of business
of the Failed Institution was located. You must file your request for this review no later than 60
days after the date on which the FDIC made your deposits) available to you at the New Institution.
Filing a request for review will not prevent you from using the funds in your new account