Newspaper Page Text
PAGE 14C
THE JACKSON HERALD
WEDNESDAY, FEBRUARY 3, 2010
Public Notices Continued
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 Dwight Nelms
and Janice Nelms 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.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Dwight
Nelms and Janice Nelms
Anthony DeMarlo, Attorney/
awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-09257 /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.
(FE3,10,17,24B/1325-60T1P)
gpnll
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 BART
HARKEY JR. to HOMEBANC
MORTGAGE CORPORATION
dated November 19, 2004, in
the amount of $96,000.00, and
recorded in Deed Book 36-V,
Page 52, Jackson County,
Georgia Records, as last trans
ferred to The Bank of New
York Mellon formerly known as
The Bank of New York as suc
cessor Trustee to JPMorgan
Chase Bank, National
Association as Trustee for the
Certificateholders of Structured
Asset Mortgage Investments
II Inc. Bear Stearns ALT-A
Trust, Mortgage Pass-Through
Certificates Series 2005-7
by assignment, the under
signed, The Bank of New York
Mellon formerly known as The
Bank of New York as suc
cessor Trustee to JPMorgan
Chase Bank, National
Association as Trustee for the
Certificateholders of Structured
Asset Mortgage Investments
II Inc. Bear Stearns ALT-A
Trust, Mortgage Pass-Through
Certificates Series 2005-7 pur
suant 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
lying and being in the 245th
G.M.D., Jackson County,
Georgia, being lot 1.041 acres
as more particularly shown on
that certain boundary survey
form Melony Brown, dated
May 7, 1996, prepared by
Allen Venable, Jr., Registered
surveyor, as per plat recorded
in Plat Book 48, Page 45,
in the Office of the Clerk of
Superior Court of Jackson
County, Georgia Records. Said
plat and the record thereof are
herein incorporated for a full
and complete description.
which has the proper
ty address of 2662 Athens
Highway, 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 Bart Harkey
Jr. and the proceeds of said
sale will be applied to the pay
ment 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.
The Bank of New York
Mellon formerly known as The
Bank of New York as suc
cessor Trustee to JPMorgan
Chase Bank, National
Association as Trustee for the
Certificateholders of Structured
Asset Mortgage Investments
II Inc. Bear Stearns ALT-A
Trust, Mortgage Pass-Through
Certificates Series 2005-
7 Attorney in Fact for Bart
Harkey Jr.
Anthony DeMarlo, Attorney/
jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-00895 /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.
(FE3,10,17,24B/1325-60)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
Power of Sale contained
in a Deed to Secure Debt
given by BILLY C. GURLEY
and MYRA A. GURLEY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for
FIDELITY MORTGAGE, a
division of DELTA FUNDING
CORPORATION, dated
November 15, 2006, and
recorded in Deed Book 46-R,
Page 777, Jackson County,
Georgia Records, and re
recorded in Deed Book
55-H, Page 134 and as last
transferred to HSBC Bank
USA, National Association,
as Indenture Trustee for
the registered Noteholders
of Renaissance Home
Equity Loan Trust 2006-4 by
Assignment recorded in Deed
Book 55-T, Page 595, Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note of
even date in the original prin
cipal amount of $135,830.00,
with interest at the rate speci
fied therein, there will be sold
by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse
door of Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday in
March, 2010, to wit: March 2,
2010, the following described
property:
All that tract or parcel of
land lying and being in the
245th G.M.D. District, Jackson
County, Georgia, being Lot 11
of Holder’s Mill Subdivision,
as per plat thereof recorded
in Plat Book 42, Page 132,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
The debt secured by said
Deed to Secure Debt has
been and is hereby declared
due because of, among other
possible events of default, fail
ure to pay the indebtedness as
and when due and in the man
ner provided in the Note and
Deed to Secure Debt. The
debt remaining in default, this
sale will be made for the pur
pose of paying the same and
all expenses of this sale, as
provided in the Deed to Secure
Debt and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in possession
of the subject property known
as 210 Mill Road, Jefferson,
GA 30549 is (are): Billy C.
Gurley and Myra A. Gurley or
tenant or tenants.
Said property will be sold
subject to (a) any outstanding
ad valorem taxes (including
taxes which are a lien, but not
yet due and payable), (b) any
matters which might be dis
closed by an accurate survey
and inspection of the property,
and (c) all matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not limited to, assess
ments, liens, encumbrances,
zoning ordinances, ease
ments, restrictions, covenants,
etc.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code; (2)
O.C.G.A. Section 9-13-172.1;
and (3) final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Pursuantto O.C.G.A. Section
9-13-172.1, which allows for
certain procedures regarding
the rescission of judicial and
nonjudicial sales in the State
of Georgia, the Deed Under
Power and other foreclosure
documents may not be provid
ed until final confirmation and
audit of the status of the loan
as provided in the preceding
paragraph.
HSBC Bank USA, National
Association, as Indenture
Trustee for the registered
Noteholders of Renaissance
Home Equity Loan Trust 2006-
4 as attorney in fact for Billy C.
Gurley and Myra A. Gurley
Richard B. Maner, PC.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
FC09-635
(FE3,10,17,24P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of a Power of Sale
contained in that certain DEED
TO SECURE DEBT AND
SECURITY AGREEMENT
from GAREN HOMES, INC., a
Georgia corporation, to FIRST
CITIZENS BANK AND TRUST
COMPANY, INC., assignee
of the FEDERAL DEPOSIT
INSURANCE CORPORATION
IN RECEIVERSHIP OF
GEORGIAN BANK (“FIRST
CITIZENS”) (the “Security
Deed”), filed and record
ed June 8, 2006, in Deed
Book 44-E, Pages 207-217,
Jackson County, Georgia
Records, said Security Deed
having been given to secure
a Note in the original principal
amount of ONE HUNDRED
THIRTY-THREE THOUSAND
FIVE HUNDRED SEVENTY
AND NO/100THS DOLLARS
($133,570.00), 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 property
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 of land
lying and being in GMD 248
of Jackson County, Georgia,
being Lots 6 and 10, Pod
H, Woods at Traditions, as
per plat recorded in Plat Book
64, Page 218, Jackson County
Records, said plat being incor
porated herein by reference
thereto.
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 Garen Homes, Inc.
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 Garen Homes, Inc.
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)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of a Power of Sale
contained in that certain Deed
to Secure Debt and Security
Agreement from GAREN
HOMES, INC. to FIRST
CITIZENS BANK AND TRUST
COMPANY, INC., assignee
of the FEDERAL DEPOSIT
INSURANCE CORPORATION
in receivership of GEORGIAN
BANK (“FIRST CITIZENS”)
(the “Security Deed”), filed
and recorded April 6, 2005, in
Deed Book 38-I, Pages 203-
208, Jackson County, Georgia
Records, said Security Deed
having been given to secure
a Note in the original princi
pal amount of ONE MILLION
NINETY SEVEN THOUSAND
TWO HUNDRED AND
NO/100THS DOLLARS
($1,097,200.00), 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 January, 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 designat
ed as Lots C-52, C-60 and
C-64, POD C, PHASE 1 of
LINKS AT TRADITIONS as
shown on that certain sur
vey 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, inclu
sive, Jackson County, Georgia
Records, reference to said
plat of survey and the record
thereof being hereby made for
a more complete legal descrip
tion.
All that tract or parcel of land
lying and being in GMD 248
of Jackson County, Georgia,
being known and designated
as Lots H-82 and H-86, 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.
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 Garen Homes, Inc.
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 Garen Homes, Inc.
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)
gpnll
Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
State of Georgia County of Jackson
Pursuant to a power of
sale contained in a certain
security deed executed by
RICKY E. GIFFORD, herein
after referred to as Grantor, to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., as nominee for USA
HOME LOANS, INC.,
Corporation recorded in Deed
Book 51-S, beginning at Page
356, of the deed records of the
Clerk of the Superior Court of
the aforesaid state and coun
ty, and by virtue of a default
in the payment of the debt
secured by said security deed,
the undersigned attorney-in-
fact for the aforesaid Grantor
(which attorney-in-fact is the
present holder of said security
deed and note secured there
by) will sell before the door of
the Courthouse in said county
within the legal hours of sale,
for cash, to the highest bidder
on the first Tuesday in March,
2010, the property which, as
of the time of the execution
of said security deed, was
described as set forth in the
attached Exhibit “A". Said sale
will be made subject to the
following items which may
affect the title to said prop
erty: All restrictive covenants,
easements and rights-of-way
appearing of record, if any;
all zoning ordinances; mat
ters which would be disclosed
by an accurate survey or by
an inspection of the property;
all outstanding and/or unpaid
taxes which may be liens upon
the property; all outstanding or
unpaid bills and assessments
for street improvements, curb
ing, garbage, water, sewage
and public utilities which may
be liens upon said property.
Midland Mortgage Co. as loan
servicer is the entity with author
ity to negotiate, amend and
modify the terms of the Note
and Security Deed. Midland
Mortgage Co.’s address is: 999
Northwest Grand Boulevard,
Oklahoma City, Oklahoma
73118. Midland Mortgage
Co. may be contacted by
telephone at 1-800-552-3000,
extension 8301. To the best of
the undersigned’s knowledge
and belief, the party in posses
sion of the property is believed
to be Ricky E. Gifford.
MidFirst Bank, As Transferee
and Assignee, As attorney-in-
fact for the aforesaid Grantor
Raymond S. Martin, RC.
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
Re: Ricky E. Gifford- Midland
Mortgage Co.
M09-16023F2 / 53239596
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
G.M.D. 1407 Jackson County,
Georgia, being more fully
shown as Lot 79 of Brook Glen
Subdivision on plat of survey
prepared by Moreland Altobelli
Associations, Inc. as recorded
in Plat Book 70, Pages 72
& 73 of the Jackson County,
Georgia Plat Records, which
plat is incorporated herein by
reference for a more complete
and detailed description.
(FE3,10,17,24P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
State of Georgia County of Jackson
Pursuant to a power of sale
contained in a certain security
deed executed by RONALD
D. FAIRCHILD, hereinafter
referred to as Grantor, TO
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for FIRST
HORIZON HOME LOAN
CORPORATION recorded in
Deed Book 40-G, beginning at
Page 435, of the deed records
of the Clerk of the Superior
Court of the aforesaid state
and county, and by virtue of a
default in the payment of the
debt secured by said security
deed, the undersigned attor-
ney-in-fact for the aforesaid
Grantor (which attorney-in
fact is the present holder of
said security deed and note
secured thereby) will sell
before the door of the court
house in said county within the
legal hours of sale, for cash,
to the highest bidder on the
first Tuesday in March, 2010,
the property which, as of the
time of the execution of said
security deed, was described
as set forth in the attached
Exhibit “A”. Said sale will be
made subject to the following
items which may affect the
title to said property: All restric
tive covenants, easements
and rights-of-way appearing of
record, if any; all zoning ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection of
the property; all outstanding
and/or unpaid taxes which may
be liens upon the property;
all outstanding or unpaid bills
and assessments for street
improvements, curbing, gar
bage, water, sewage and pub
lic utilities which may be liens
upon said property. Midland
Mortgage Co. as loan ser
vicer is the entity with author
ity to negotiate, amend and
modify the terms of the Note
and Security Deed. Midland
Mortgage Co.’s address is: 999
Northwest Grand Boulevard,
Oklahoma City, Oklahoma
73118. Midland Mortgage
Co. may be contacted by
telephone at 1-800-552-3000,
extension 8301. To the best of
the undersigned’s knowledge
and belief, the party in posses
sion of the property is believed
to be Ronald D. Fairchild.
MidFirst Bank, As Transferee
and Assignee, As attorney-in-
fact for the aforesaid Grantor
Raymond S. Martin, PC.
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
Re: Ronald D. Fairchild-
Midland Mortgage Co.
M10-16315/52518467
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
1765th District, GM Jackson
County, Georgia, being Lot
46 Hickory Ridge Subdivision,
as per plat recorded in Plat
Book 50, Pages 210 and 211
in the office of the Clerk of
the Superior Court of Jackson
County, Georgia, which record
ed Plat is incorporated herein
by reference and made a part
of this description.
(FE3,10,17,24P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of the power of sale
contained in the Commercial
Real Estate Deed to Secure
Debt by and between
RIGOBERTO JAIMEZ
TINOCO, (“Borrower”) to
FIRST GEORGIA BANKING
COMPANY (“Lender”) dated
December 8,2006, and record
ed in Deed Book 46-W, Page
96, Jackson County Records
conveying the realty described
on Exhibit “A” attached hereto
as collateral for the debt in the
principal amount of $20,413.50
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,
within the legal hours of sale
on the first Tuesday of March,
2010, the realty in the 13th
District, Jackson County,
Georgia, being more com
pletely described as follows:
EXHIBIT A
All that tract or parcel of land
lying and being in the 255th
District, G.M., Jackson County,
Georgia, and being that 0.92
acres, more or less, as more
particularly shown on a plat
of survey prepared for Donna
Lynn Hawks by Max Lewallen,
Registered Surveyor, dated
December 7, 1993, recorded
in Plat Book 41, Page 178,
in the office of the Clerk of
Superior Court of Jackson
County, Georgia, and incor
porated herein and made a
part hereof by reference for
a more detailed description,
together with all improvements
thereon, particularly a mobile
home bearing the serial num
ber HG2038G.
The debt secured by said
Commercial Real Estate Deed
to Secure Debt has been and
is hereby declared due and
payable because, among other
possible events of default, of
the Borrower’s failure to pay
the interest and principal when
continued on following page