Newspaper Page Text
WEDNESDAY, FEBRUARY 3, 2010
THE JACKSON HERALD
PAGE 13C
Public Notices Continued
said intersection in a southerly
direction along the centerline
of Charlie Smith Road 856.6
feet to a point, said point being
the POINT OF BEGINNING;
and from said POINT OF
BEGINNING continue along
the centerline of Charlie
Smith Road the following
courses and distances: south
06°38’21” east 46.17 feet to
a point; south 16°40’ 17" east
52.54 feet to a point; south
25°40’58” east 40.80 feet to
a point; south 31°56’08” east
46.43 feet to a point; south
35°26’17” east 74.99 feet to
a point; south 25°38’52” east
47.33 feet to a point; south
18°23’06” east 42.19 feet to
a point; south 12°11 51” east
45.53 feet to a point; south
10°04’ 11” east 46.48 feet to
a point; south 06°48’53” east
48.88 feet to a point; south
08°04’ 17” east 62.48 feet to
a point; south 07°41’ 18" east
29.04 feet to a point; thence
leaving said centerline and
proceed north 63°57’32” east
310.94 feet to a one-half inch
rebar found; proceed thence
south 31°04’02” east 1503.42
feet to a five-eighths inch rebar
found; proceed thence south
40°29’08” east 1069.41 feet to
an iron pin set; proceed thence
south 28°58’05” east 511.67
feet to an iron pin set; proceed
thence south 48° 11 ‘08” east
276.76 feet to a point; proceed
thence south 45°54”09” east
510.61 feet to a one-half inch
rebar found on the northwest
erly right of way of Interstate
I-85; proceed thence along
said right of way the following
courses and distances: south
49°28’01” west 606.58 feet to
a concrete monument found;
southwesterly along the arc
of a curve having a radius of
5807.69 feet, said arc being
subtended by a chord bearing
south 52°33’28” west and hav
ing a chord length of 1385.46
feet, an arc distance of 1388.77
feet to a point located in the
centerline of the Mulberry
River (said centerline being
the property line) (said cen
terline also being the dividing
line between Jackson County
and Barrow County); proceed
thence along said centerline
the following courses and dis
tances: north 49°21’47” west
37.18 feet to a point; north
71°13’25” west 175.83 feet to
a point; north 68°58'31” west
343.25 feet to a point; north
77°49’22” west 162.36 feet to
a point; north 66°59’57” west
259.79 feet to a point; north
84°04’51” west 370.59 feet to
a point; thence leaving said
centerline and proceed north
00°46’ 11” west 145.05 feet
to an iron pin set; proceed
thence north 08°01 ‘49” west
1438.00 feet to a one and one-
half inch open top pipe; pro
ceed thence north 10°08'10”
west 401.77 feet to a one inch
open top pipe; proceed thence
north 27°56’41” west 197.92
feet to a one-half inch rebar
found; proceed thence north
23°58’34” east 96.82 feet to
a one-half inch rebar found;
proceed thence north 11°01’
19” west 605.03 feet to a
one-half inch square rod; pro
ceed thence north 43°05‘ 16”
east 202.97 feet to a one-half
inch crimp top pipe; proceed
thence south 41°19’50" east
65.97 feet to a point; proceed
thence north 50°31 ‘54” east
32.94 feet to a point; proceed
thence north 56°08’30” east
33.68 feet to a point; proceed
thence north 67°04’33” east
10.94 feet to a point; proceed
thence north 37°55’07” west
83.0 feet to a one-half inch
crimp top pipe; proceed thence
north 43°03’47” east 441.41
feet to an iron pin set; proceed
thence south 39°58‘ 49” east
37.58 feet to a point; proceed
thence north 34°21’47” east
16.48 feet to a point; proceed
thence north 39°50’42” east
48.39 feet to a point; proceed
thence north 47°01’36” west
32.10 feet to a one-half inch
rebar found; proceed thence
_north 42°57’30" east 73.68
feet to a one-half inch rebar
found; proceed thence north
14°51 ’42” east 358.92 feet to a
one-half inch rebar found; pro
ceed thence north 15°08’45”
west 573.38 feet to a one-
half inch rebar found; proceed
thence north 57°39’22” east
11.45 feet to the POINT OF
BEGINNING.
Together with any and all
rights of BTS Properties II,
LLC as “declarant” under
that certain Declaration of
Covenants, Conditions, and
Restrictions for Bakers Farm,
dated October 6, 2006, record
ed in Deed Book 49R, Page
491, Jackson County, Georgia
records.
LESS AND EXCEPT ALL
THAT TRACT or parcel of land
lying and being in GMD #1765
of Jackson County, Georgia,
and being Lots 5, 6, 7, 8, 9, 10,
11, 12, 36, 147, 154, 155, 156,
157, 158, 159, 160 and 161,
and that certain property shown
as “Open Space” and “Future
Recreation Area” of Baker’s
Farm Subdivision, Phase I,
as per plat recorded in Plat
Book 68, Pages 221, et. seq.,
Jackson County Records, said
plat by this reference being
incorporated herein and made
a part hereof for a complete
legal description.
ALSO LESS AND EXCEPT,
that 0.761 acre tract of land
described in that certain
Quitclaim Deed from BTS
Properties II, LLC to Maurice
Hensley, dated November 1,
2007, recorded in Deed Book
50-U, Page 528, aforesaid
records.
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
satisfaction of certain cove
nants in accordance with the
terms of the Note and the
Security Deed. The indebted
ness remaining in default, this
sale will be made for purposes
of paying the same and all
expenses of this sale, includ
ing attorney’s fees.
Said property will be sold as
the property of BTS Properties
II, LLC, subject to all unpaid
taxes, assessments and any
superior items of record, and
that certain plat for Baker’s
Farm Subdivision, Phase
I, recorded at Plat Book 68,
Page 221, et seq., Jackson
County, Georgia Records.
FAIRWAY FUND XII LLC,
a New York Limited Liability
Company, As Attorney in Fact
for BTS Properties II, LLC
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.
(FE3,10,27,24P4)
gpnll
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 ANTHONY
CARLYLE BROWN,
(“Borrower”) to NBANK, N.A.,
(“Lender”) dated January 25,
2005, and recorded in Deed
Book 37-S, Page 675, Jackson
County Records conveying the
realty described on Exhibit “A”
attached hereto as collateral
for the debt in the principal
amount of $132,900.00 togeth
er with all late fees and inter
est from dates of execution at
the rates provided therein on
the unpaid balance; there will
be sold by the undersigned
at public outcry to the high
est bidder for cash before the
courthouse door at Jackson
County Georgia, within the
legal hours of sale on the first
Tuesday of March, 2010, the
realty in the 245th and 248th
Districts, Jackson County,
Georgia, being more com
pletely described as follows:
EXHIBIT A
All that tract or parcel of land
lying and being in the 245th
and 248th District, Jackson
County, Georgia being Lot 9,
Pod N, Traditions of Braselton
Subdivision as per plat record
ed in Plat Book 64, Pages
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 ANTHONY
CARLYLE BROWN
/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: 706-243-646
(FE3,10,17,24P4)
gpnll
Notice of Sale
Notice of Sale Under Power
By virtue of the power of
sale contained in a Deed to
Secure Debt by BARBARA A.
BOWMAN a/k/a BARBARA
SAPP to COUNTRYWIDE
BANK, N.A., dated April 11,
2006, and filed for record April
28, 2006, in Deed Book 43-Q,
Page 68, Jackson County,
Georgia Records, and secur
ing a Note in the original prin
cipal amount of $38,000.00;
last transferred to Bank of
America, NA successor by
merger to Countrywide Bank,
FSB 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
Bank of America, NA succes
sor by merger to Countrywide
Bank, FSB. asAttorney-in-Fact
for Barbara A. Bowman a/k/a
Barbara Sapp the following
property to-wit:
ALL THAT TRACT OR
PARCEL of land lying and
being on the Western right of
way of Stringer Road in the
City of Jefferson. 245 G.M.
District, Jackson County,
Georgia containing 1.15 acres
according to a plat of survey
prepared for C.R. Bates by
Allen L. Vendable, Jr. Georgia
Registered Surveyor, dated
May 21, 1985 and which is
bounded according to said sur
vey as follows: On the North
by the property of Martin, on
the East by right of way of
Stringer Road, on the South by
other property of C.R. Bates
and on the West by prop
erty of Storey. Reference is
made to said plat of survey, a
copy which is recorded at Plat
Book 23, Page 109, Jackson
County, Georgia Records for
a more complete description
of the property. This property
described herein shall be con
veyed subject to easements
over, through and across said
property for water, sewerage
and other utilities.
The above described prop
erty is also known as 355
Stringer Lane, Jefferson, GA
30549.
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default in
the payment of the indebted
ness secured thereby, this sale
will be made for the purpose
of paying the same and all
The property will be sold as
the property of the aforesaid
grantor subject to the follow
ing: all prior restrictive cov
enants, 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
property is held by Barbara A.
Bowman a/k/a Barbara Sapp.
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: BAC
Home Loans Servicing, L.P
f/k/a Countrywide Home
Loans Servicing, LP, Attn: Jill
Balentine, P. O. Box 5170,
MS SV314B, Simi Valley, CA
93065, Telephone: 1-888-
219-7773. The foregoing
notwithstanding, nothing in
O.C.G.A. § 44-14-162.2 shall
be construed to require BAC
Home Loans Servicing, LP as
servicer for Bank of America,
NA successor by merger to
Countrywide Bank, FSB to
negotiate, amend or modify the
terms of the Deed to Secure
Debt described herein.
Bank of America, NA succes
sor by merger to Countrywide
Bank, FSB. as Attorney-in-
Fact for Barbara A. Bowman
a/k/a Barbara Sapp
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.
(FE3,10,17,24B/119-70)
gpnll
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia County of Jackson
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt from DONALD SMITH
and BRENDA SMITH to
ACCREDITED HOME
LENDERS, INC. in the original
principal amount of $46,900.00
dated 08/14/2000, and record
ed in Deed Book 21-W, Page
686, Jackson County Records,
said Security Deed being last
transferred and assigned to
CitiMortgage, Inc., the under
signed will sell at public out
cry to the highest bidder for
cash before the Courthouse
door in said County, during
the legal hours of sale, on
the first Tuesday of March,
2010 by CitiMortgage, Inc., as
Attorney-in-Fact for Donald
Smith and Brenda Smith the
following described property:
All that tract or parcel of land
lying and being in the 455th
District, G.M. Jackson Co.
Georgia, being Lot No. 128
of Section II of Pleasant Acres
Subdivision as per plat record
ed in Plat Book 9, Page 200,
in the Office of the Clerk of the
Superior Court of Jackson Co,
GA. Said plat and the record
thereof being incorporated
herein by reference.
Property known as: 132
Shady Lane Court, Maysville,
GA 30558
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default in
the payment of the indebted
ness secured thereby, this sale
will be made for the purposes
of paying the same and all
expenses of sale, including
attorney’s fees, (notice hav
ing been given as provided
by law).
The property will be sold as
the property of The Aforesaid
Grantors subject to the fol
lowing:
(1) all prior restrictive cov
enants, easements, rights-of-
way or encumbrances; (2) all
valid zoning ordinances; (3)
matters which would be dis
closed by an accurate sur
vey of the property; (4) the
outstanding ad valorem taxes
and assessments, if any; (5)
unpaid water and sewage bills,
that constitute liens against
the property, whether due and
payable or not yet due and
payable; and (6) matters of
record superior to the security
deed first set out above.
Pursuant to O.C.G.A.
Section 44-14-162.2 the name
of the person or entity who has
the full authority to negotiate,
amend, or modify the terms of
the aforementioned indebted
ness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend or
modify said indebtedness.
To the best of the under
signed’s knowledge and
belief, the party in possession
is Donald Smith and Brenda
Smith.
CitiMortgage, Inc., as
Attorney-in-fact for Donald
Smith and Brenda Smith.
This law firm is acting as
a debt collector attempting to
collect a debt, any information
obtained will be used for that
purpose.
Pendergast & Jones, PC.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-8449
(FE3,10,17,24B/224-50)
gpnll
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia County of Jackson
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt from BRIAN BOWLES
and KIMBERLY BOWLES to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. in the original principal
amount of $128,700.00 dated
11/15/2006, and recorded in
Deed Book 46-I, Page 684,
Jackson County records,
said Security Deed being last
transferred and assigned to
CitiMortgage, Inc., the under
signed will sell at public out
cry to the highest bidder for
cash before the Courthouse
door in said County, during the
legal hours of sale, on the first
Tuesday of March, 2010 by
CitiMortgage, Inc., as Attorney-
in-Fact for Brian Bowles and
Kimberly Bowles the following
described property:
All that tract or parcel of
land lying and being in the
City of Commerce, 255th
District, G.M., Jackson County,
Georgia, and being designated
as Lot No. 2 on a plat of sur
vey of The Fields Subdivision,
as more particularly shown
on plat of survey prepared
by Barry D. Lord, Registered
Surveyor, dated January 29,
2003, recorded in Plat Book
60, Page 183, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia
and incorporated herein and
made a part hereof by ref
erence for a more detailed
description.
Property known as: 414
Victoria Street, Commerce,
GA 30529
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default in
the payment of the indebted
ness secured thereby, this sale
will be made for the purposes
of paying the same and all
expenses of sale, including
attorney’s fees, (notice hav
ing been given as provided
by law).
The property will be sold as
the property of The Aforesaid
Grantors subject to the fol
lowing:
(1) all prior restrictive cov
enants, easements, rights-of-
way or encumbrances; (2) all
valid zoning ordinances; (3)
matters which would be dis
closed by an accurate sur
vey of the property; (4) the
outstanding ad valorem taxes
and assessments, if any; (5)
unpaid water and sewage bills,
that constitute liens against
the property, whether due and
payable or not yet due and
payable; and (6) matters of
record superior to the security
deed first set out above.
Pursuant to O.C.G.A.
Section 44-14-162.2 the name
of the person or entity who has
the full authority to negotiate,
amend, or modify the terms of
the aforementioned indebted
ness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend or
modify said indebtedness.
To the best of the under
signed’s knowledge and belief,
the party in possession is Brian
Bowles and Kimberly Bowles.
CitiMortgage, Inc., as
Attorney-in-fact for Brian
Bowles and Kimberly Bowles.
This law firm is acting as
a debt collector attempting to
collect a debt, any information
obtained will be used for that
purpose.
Pendergast & Jones, PC.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-6370
(FE3,10,17,24B/224-60)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Under and by virtue of the
power of sale contained with
that certain Deed to Secure
Debt dated August 1, 2000,
from RICHARD L. FANCIL
and ROBERTA S. FANCIL to
FIRST FRANKLIN FINANCIAL
CORPORATION, recorded on
August 14, 2000, in Deed Book
21-U at Page 349, in the office
of the Clerk of the Superior
Court of Jackson County,
Georgia, and said Deed to
Secure Debt having been
given to secure a note dated
August 1, 2000, in the amount
of $70,000.00, said note being
in default, the undersigned
will sell at public outcry during
the legal hours of sale before
the door of the courthouse
of Jackson County, Georgia,
on March 2, 2010, the fol
lowing described real property
(hereinafter referred to as the
“Property”):
All that tract or parcel of land
lying and being in the 455th
District, G.M., of Jackson
County, Georgia, encompass
ing 5.171 acres, and being
more particularly described
and delineated according to
a plat of survey prepared by
W.T. Dunahoo and Associates,
Inc., certified by W.T. Dunahoo,
Georgia Registered Surveyor
No. 1577, dated January 9,
1985, entitled “Closing Plat for
John R. Hudgins,” said plat
being of record in the Office
of the Clerk of Superior Court
of Jackson County, Georgia
in Plat Book 21, Page 182;
which said plat and the record
ing thereof are by reference
hereto incorporated for a more
complete and detailed descrip
tion.
Said property is subject to
restrictions, dated May 28,
1976, filed July 22, 1976 and
recorded July 23,1976 in Deed
Book 6-X, Page 546, Jackson
County, Georgia Deed Book
Records.
The debt secured by the
Security Deed and evidenced
by the note and has been, and
is hereby, declared due and
payable because of, among
other possible events of default,
failure to make the payments
as required by the terms of
the Note. The debt remaining
is in default and this sale will
be made for the purposes of
paying the Deed to Secure
Debt, accrued interest, and all
expenses of the sale, includ
ing attorneys’ fees. Notice of
intention to collect attorneys’
fees has been given as pro
vided by law. To the best of
the undersigned’s knowledge,
the person(s) in possession of
the property is/are Richard L.
Fancil and Roberta S. Fancil.
The property, being common
ly known as 458 Old Miller
Road, Maysville, GA 30558
in Jackson County, will be sold
as the property of Richard L.
Fancil and Roberta S. Fancil,
subject to any outstanding ad
valorem taxes (including taxes
which are a lien and not yet
due and payable), any matters
affecting title to the property
which would be disclosed by
accurate survey and inspec
tion thereof, and all assess
ments, liens, encumbranc
es, restrictions, covenants,
and matters of record to the
Security Deed.
Albertelli Law Attorney
for PNC Bank, National
Association successor by
merger to National City Bank
as Attorney in Fact for Richard
L. Fancil and Roberta S.
Fancil
100 Galleria Parkway,
Suite 900
Atlanta, GA 30339
Phone: (866)690-0418
James E. Albertelli, Esq.
For the Firm
THIS FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
JEA- 10-33166
(JA3,10,17,24P4)
gpnll
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 DWIGHT NELMS
and JANICE NELMS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 16, 2002,
in the amount of $0.00, and
recorded in Deed Book 26-J,
Page 120, Jackson County,
Georgia Records, as last trans
ferred to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc.
pursuant to said deed and
the 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
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, with improvements there
on, situate, lying and being in
the 245th District, G.M., City
of Jefferson, Jackson County,
Georgia, and being known and
designated as Lot 30 contain
ing 0.75 acre, more or less,
and being known and desig
nated as Lot 30 containing 0.75
acre, more or less, shown on a
plat survey for Holder's Mill,
Phase II, prepared by Venable
and Associates, Inc., Georgia
Registered Land Surveyors,
dated December 22, 1996,
and recorded in Plat Book 50,
Page 51, in the Office of the
Clerk of the Superior Court of
Jackson County, Georgia, said
plat being incorporated herein
by reference thereto.
There is situate on said
tract a dwelling known as
195 Monte Lane, Jefferson,
Georgia 30549, according to
the present system of number
ing houses in Jackson County,
Georgia.
which has the property
address of 195 Monte Lane,
Jefferson, Georgia, together
continued on following page