Newspaper Page Text
WEDNESDAY, FEBRUARY 3, 2010
THE JACKSON HERALD
PAGE 15C
Public Notices Continued
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 Lender, the party in
possession of the property is
Borrower or a tenant or ten
ants.
First Georgia Banking
Company As Attorney In Fact
For Rigoberto Jaimez Tinoco
/s/ Dylan E. Wilbanks
Dylan E. Wilbanks
Wilbanks Law Firm, RC.
1237 S. Elm Street, Suite B
Commerce, GA 30529
PHONE: 706-335-2355
FAX: 706-243-6464
(FE3,10,17,24P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS IS AN ATTEMPT TO
COLLECT A DEBT.
ANY
INFORMATION
OBTAINED
WILL BE USED
FOR
THAT
PURPOSE.
Linder and by virtue of the
Power of Sale contained in
a Security Deed given by
CHARLES G. MARTIN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., as a Nominee for
EQUIFIRST CORPORATION,
dated April 11, 2003, record
ed in Deed Book 29-V,
Page 313, Jackson County,
Georgia Records, as last
transferred to DEUTSCHE
BANK NATIONAL TRUST
COMPANY, AS TRUSTEE
FOR THE REGISTERED
HOLDERS OF EQUIFIRST
MORTGAGE LOAN TRUST
2003-2, ASSET-BACKED
CERTIFICATES, SERIES
2003-2 by assignment record
ed in Deed Book 46-Q, Page
732, Jackson County, Georgia
Records conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
TWENTY-EIGHT THOUSAND
AND 00/100 DOLLARS
($128,000.00); with interest
thereon as set forth therein,
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
of sale on the first Tuesday
in March 2010 the following
described property:
All that tract or parcel of
land, together with all improve
ments thereon, situate,
lying and being in the 245th
District, G.M., Jackson County,
Georgia, containing 1.4576
acres, more or less, and hav
ing such shape, metes, cours
es, and distances as more fully
shown on a survey entitled
“Survey for Charles G. Martin”,
dated October 31, 1996, by
Jimmy D. Bullock, Registered
Land Surveyor, and recorded
in Plat Book 48, Page 290,
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia, reference to
which is hereby made for a
more particular description of
the property herein conveyed.
Also conveyed herewith is
a perpetual water line ease
ment to a bored well on the
property of the grantors,
George McGinnis and Myrtle
C. McGinnis, the location of
which is shown on said plat.
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, failure to pay
the indebtedness as and when
due and in the manner pro
vided in the Note and Security
Deed. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, as provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters 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 entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Ocwen
Loan Servicing LLC, Attention
Home Retention Department,
1661 Worthington Road, Suite
100, West Palm Beach, FL
33409, 877-596-8580. Please
understand that the secured
creditor is not required by law
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Charles G. Martin
or a tenant or tenants and said
property is more commonly
known as 2249 Highway 129
North, Jefferson, GA 30549.
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.
DEUTSCHE BANK
NATIONAL TRUST
COMPANY, AS TRUSTEE
FOR THE REGISTERED
HOLDERS OF EQUIFIRST
MORTGAGE LOAN TRUST
2003-2, ASSET-BACKED
CERTIFICATES, SERIES
2003-2 as Attorney in Fact for
Charles G. Martin
Weissman, Nowack, Curry
& Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
/WJ 01/21/2010
Our File# 015151-002278
(FE3,10,17,24P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt, Security Agreement
and Financing Statement
executed by COMSTOCK
HOMES OF ATLANTA, LLC
n/k/a PARKER CHANDLER
HOMES, LLC (“Grantor”) to
WACHOVIABANK, NATIONAL
ASSOCIATION (“Lender”),
dated August 29, 2006, and
recorded in the office of the
Clerk of the Superior Court
of Jackson County, Georgia
in Deed Book 45-I, Page 458
(the “Security Deed”), the
undersigned Lender will sell
at public outcry to the highest
bidder for cash before the door
of the Courthouse of Jackson
County, Georgia, during the
legal hours of sale, on the
first Tuesday in March, to wit:
March 2, 2010, the real and
personal property conveyed
by the Security Deed and
described in Exhibit A attached
hereto and by reference made
a part hereof (all such real and
personal property being here
inafter collectively referred to
as the “Property”).
The obligation secured
by said Security Deed is
evidenced by that certain
Unconditional Guaranty exe
cuted by Grantor dated August
29, 2006 (the “Guaranty”),
which Guaranty guarantees,
among other things, the pay
ment and performance of
all liabilities and obligations
of Comstock Homebuilding
Companies, Inc. under a Note
in favor of Lender dated May
26, 2006, in the original princi
pal amount of $40,000,000.00,
as amended (the “Note”).
Default has occurred in the
payment of the indebtedness
evidenced by the Note and
guaranteed by the Guaranty
as a result of the nonpay
ment of the indebtedness
owed under the Note and
the Guaranty as and when
due. Accordingly, the total
balance of said indebtedness
due under the Guaranty has
been and is hereby declared
due and the Security Deed
foreclosable according to its
terms.
The indebtedness due
under the Guaranty remaining
in default, the Property will be
sold to the highest bidder for
cash, with the proceeds to be
applied to the payment of said
indebtedness, attorneys’ fees
(notice of intent to collect attor
neys’ fees having been given)
and the lawful expenses of
said sale, all as provided in
the Guaranty and the Security
Deed. Lender has elected to
sell the real estate lots com
prising the Property individu
ally on a lot by lot basis. The
Property will be sold “as is,
where is” without recourse and
without representation or war
ranty, express or implied, of
any nature whatsoever with
respect thereto and subject
to (i) any and all unpaid taxes
and assessments, (ii) any mat
ters which would be disclosed
by an accurate survey or by an
inspection of the Property, (iii)
any and all zoning ordinances
affecting the Property, (iv) all
outstanding bills for public utili
ties which constitute liens upon
the Property, (v) all covenants,
restrictions, easements, liens,
encumbrances and other mat
ters of record, if any, which
are superior to the lien of the
Security Deed, and (vi) exist
ing easements for utilities and
road right-of-ways that cross
and/or serve the Property.
Lender reserves the right to
sell the real property portion of
the Property separately from
the personal property portion
of the Property and to take
separate bids therefor. Notice
of Lender’s intent to sell the
real property portion of the
Property separately from the
personal property portion of
the Property or in one sale
shall be given by announce
ment made at the commence
ment of the public sale.
The sale will be conducted
subject to (i) confirmation that
the sale is not prohibited under
the United States Bankruptcy
Code, and (ii) final confirmation
and audit of the status of the
loan with Lender. To the best
of the undersigned Lender’s
knowledge and belief, Grantor
is now in the possession of the
Property.
WACHOVIA BANK,
NATIONAL ASSOCIATION
as Agent and Attorney-in-Fact
for COMSTOCK HOMES OF
ATLANTA, LLC
N/K/A PARKER CHANDLER
HOMES, LLC
Robert M. Trusty, Esq.
Seyfarth Shaw LLP
1545 Peachtree Street, N.E.
Suite 700
Atlanta, Georgia 30309
(404) 885-6708
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Exhibit A
ALL THAT TRACT OR
PARCEL OF LAND lying and
being in the 1691 GMD of
Jackson County, Georgia,
being Lots 26, 28 and 30, Allen
Creek Farms Subdivision, as
more particularly depicted on a
plat recorded in Plat Book 64,
Page 105, Jackson County,
Georgia Records, which plat
is incorporated herein by refer
ence thereto (the “Land”).
TOGETHER WITH (i) all
buildings and improvements
now or hereafter erected
on the Land; (ii) all fixtures,
machinery, equipment and
other articles of real, personal
or mixed property attached to,
situated or installed in or upon,
or used in the operation or
maintenance of, the Land or
any buildings or improvements
situated thereon, whether or
not such real, personal or
mixed property is or shall be
affixed to the Land; (iii) all
building materials, building
machinery and building equip
ment delivered on site to the
Land during the course of, or
in connection with, any con
struction, development, repair
or renovation of the buildings
and improvements situated
or to be situated thereon; (iv)
all leases, licenses or occu
pancy agreements of all or
any part of the Land and all
extensions, renewals, and
modifications thereof, and any
options, rights of first refusal or
guarantees relating thereto; all
rents, income, revenues, secu
rity deposits, issues, profits,
awards and payments of any
kind payable under the leases
or otherwise arising from the
Land; (v) all contract rights,
accounts receivable and gen
eral intangibles relating to the
Land or the use, occupancy,
maintenance, construction,
development, repair or opera
tion thereof; all management
agreements, franchise agree
ments, utility agreements and
deposits relating to the Land;
all maps, plans, surveys and
specifications relating to the
Land; all warranties and guar
anties; all permits, licenses
and approvals relating to the
Land; and all insurance poli
cies relating to the Land; (vi) all
estates, rights, tenements, her
editaments, privileges, ease
ments and appurtenances of
any kind benefiting the Land;
all means of access to and
from the Land, whether public
or private; and all water and
mineral rights relating to the
Land; and (vii) all “Proceeds”
of any of the above-described
property, which term shall have
the meaning given to it in the
Uniform Commercial Code of
the State of Georgia, whether
cash or non-cash, and includ
ing insurance proceeds and
condemnation awards, and all
replacements, substitutions
and accessions thereof.
(FE3,10,17,24P4)
gpnll
Notice of Sale
Notice of Sale Under Power
WHEREAS, on May 25,
2007, for value received,
CHRISTOPHER CHARLES
GUITRAU executed and
delivered to the UNITED
STATES OF AMERICA, act
ing through the UNITED
STATES DEPARTMENT OF
AGRICULTURE, a Deed to
Secure Debt conveying cer
tain real estate located in
Jackson County, Georgia, and
said Deed to Secure Debt was
recorded in the Office of the
Clerk of the Superior Court
for Jackson County, Georgia,
in Book # 484, Pages # 650-
659; and
WHEREAS, the United
States of America now holds
the above described security
deed covering the said real
estate; and
WHEREAS, the Deed to
Secure Debt held by the United
States of America provides
that should default occur, the
holder may declare the entire
indebtedness secured by the
Deed to Secure Debt due and
payable and, in compliance
with the power of sale provi
sions contained in said secu
rity deed proceed to sell the
property at public outcry; and
WHEREAS, after default,
the United States of America
has declared all of the indebt
edness secured by the Deed
to Secure Debt due and pay
able and hereby certifies that it
has complied with all of its loan
servicing regulations;
NOW, THEREFORE, the
said United States of America,
acting as aforesaid, under and
in compliance with the power
of sale provision contained in
the Deed to Secure Debt, will
proceed to sell at public out
cry, for cash or certified funds
to the highest bidder in front
of the Courthouse in Jackson
County, during the legal hours
of sale, on the 2nd day of
March, 2010, the following-
described property conveyed
in the Deed to Secure Debt,
to Wit:
All that tract or parcel of
land lying and being in Porters
GMD 1765, Jackson County,
Georgia, being Lot 74, Block
A, Vineyard Gate, Unit I, as
per plat recorded in Plat Book
64, Pages 107-111, Jackson
County Records, said plat
being incorporated herein by
reference thereto.
The above described prop
erty will be sold subject to
any and all outstanding real
estate taxes that are due and
payable.
The failure of any high bid
der to pay the purchase price
and close the sale shall, at the
option of the United States of
America, be cause for rejec
tion of the bid, and, if the bid
is rejected, the United States
of America shall have the
option of making the sale to
the next highest bidder who
is ready, willing and able to
comply with the terms there
of. The proceeds of said
sale will first be applied to
the payment of the indebted
ness to the United States of
America, other charges, and
the expenses of sale, as pro
vided in the above-described
Deed to Secure Debt.
This the day of ,
2010.
UNITED STATES OF
AMERICA
By Thomas B. Herron
Chief, Default Management
Branch
United States Department of
Agriculture,
Rural Development
(FE3,10,17,24B/19127-50T4P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
THIS IS AN ATTEMPT TO
COLLECT A DEBT.
ANY
INFORMATION
OBTAINED
WILL BE USED
FOR
THAT
PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
DENAH CASALINI and
JERRY STEVE FIELDS, JR. to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., as a Nominee for
EQUIFIRST CORPORATION,
dated May 18, 2006, record
ed in Deed Book 43-Z,
Page 438, Jackson County,
Georgia, as last trans
ferred to HSBC BANK USA,
NATIONAL ASSOCIATION,
AS TRUSTEE, FOR THE
REGISTERED HOLDERS
OF NOMURA HOME EQUITY
HOME LOAN, INC. ASSET-
BACKED CERTIFICATES,
SERIES 2007-2 by assignment
to be recorded , Jackson
County, Georgia Records
conveying the after-described
property to secure a Note in
the original principal amount
of ONE HUNDRED FIFTY
THOUSAND AND 00/100
DOLLARS ($150,000.00);
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, within the
legal hours of sale on the first
Tuesday in March 2010 the
following described property:
All that tract or parcel of
land lying and being in the
245 G.M.D., City of Jefferson,
Jackson County, Georgia,
containing 0.542 acre as
shown on plat of survey pre
pared for Michael Todd Casper
and Angela Grace Casper by
Robert T. Black, Surveyor,
dated January 15, 1992,
and being more particularly
described as follows: begin
ning at an iron pin found on
the northeasterly right of way
of Memorial Drive (100 foot
right of way) 468.3 feet along
said right of way from the right
of way of Duke Street; run
ning thence north 64 degrees
24 minutes 43 seconds east
164.4 feet to an iron pin found;
thence south 35 degrees 05
minutes 49 seconds east 30.51
feet to an iron pin found; thence
south 34 degrees 38 minutes
09 seconds east 102.51 feet to
an iron pin found; thence south
56 degrees 02 minutes 00 sec
onds west 163.05 feet to an
iron pin found on the easterly
right of way of Memorial Drive;
running thence along said
right of way north 34 degrees
30 minutes 08 seconds west
157.03 feet to the point of
beginning.
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, failure to pay
the indebtedness as and when
due and in the manner pro
vided in the Note and Security
Deed. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, as provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters 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 entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Ocwen
Loan Servicing LLC, Attention
Home Retention Department,
1661 Worthington Road, Suite
100, West Palm Beach, FL
33409, 877-596-8580. Please
understand that the secured
creditor is not required by law
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Denah Casalini
and Jerry Steve Fields, Jr. or
a tenant or tenants and said
property is more commonly
known as 122 Memorial
Drive, Jefferson, GA 30549.
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.
HSBC BANK USA,
NATIONAL ASSOCIATION,
AS TRUSTEE, FOR THE
REGISTERED HOLDERS
OF NOMURA HOME EQUITY
HOME LOAN, INC. ASSET-
BACKED CERTIFICATES,
SERIES 2007-2 as Attorney
in Fact for Denah Casalini and
Jerry Steve Fields, Jr.
Weissman, Nowack, Curry
& Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
/WJ 01/06/2010
Our File# 015151-002502
(FE3,10,17,24P4)
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 January 10, 2007,
from THOMAS O’NEAL
VARNER aka TOMMY
VARNER to BENEFICIAL
MORTGAGE OF GEORGIA,
recorded on January 16, 2007,
in Deed Book 47-E at Page
253, 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 January 10, 2007, in
the amount of $141,746.42,
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 following described real
property (hereinafter referred
to as the “Property”):
All that tract or parcel of land
lying and being in the City of
Commerce 255th District G.M.
Jackson County, Georgia,
consisting of 1.38 acres more
or less as shown on a plat of
survey dated May 1, 1987, for
Thomas and Kathy F. Varner
prepared by Venable and
Associates Inc., Registered
Surveyors, as recorded in Plat
Book 27, Page 68, Jackson
County Georgia Records. Said
plat by reference thereto is
hereby incorporated herein for
a more detailed description of
said property. Said property
is more particularly described
according to said plat as fol
lows:
Beginning at an iron pin
found on the southerly right
of way of Northview Drive
267 feet northerly from the
centerline of Hospital Road;
thence south 54 degrees 43
minutes west 114.26 feet to an
won pin found; thence south
54 degrees 21 minutes west
124.74 feet to an iron pin found;
thence south 54 degrees 39
minutes west 50.02 feet to an
iron pin found; thence north
38 degrees 58 minutes west
65.17 feet to an iron pin found;
thence north 40 degrees 19
minutes west 36.12 feet to an
iron pin found; thence north
39 degrees 33 minutes west
98.68 feet to an iron pin found;
thence north 44 degrees 53
minutes east 255.13 feet to an
iron pin found; thence south
47 degrees 29 minutes east
247.69 feet to the point of
beginning.
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 inter
est, and all expenses of the
sale, including attorneys’ fees.
Notice of intention to collect
attorneys’ fees has been given
as provided by law. To the best
of the undersigned’s knowl
edge, the person(s) in pos
session of the property is/are
Thomas O'Neal Varner aka
Tommy Varner. The property,
being commonly known as 336
Northview Drive, Commerce
GA 30529 in Jackson County,
will be sold as the property of
Thomas O'Neal Varner aka
Tommy Varner, subject to any
outstanding ad valorem taxes
(including taxes which are a
lien and not yet due and pay
able), any matters affecting title
to the property which would be
disclosed by accurate survey
and inspection thereof, and
all assessments, liens, encum
brances, restrictions, cove
nants, and matters of record to
the Security Deed.
Albertelli Law
Attorney for Beneficial
Mortgage of Georgia as
Attorney in Fact for Thomas
O’Neal Varner aka Tommy
Varner
100 Galleria Parkway, Suite
900
Atlanta, GA 30339
Phone: (866)690-0418
By: 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- 10-34254
(FE3,10,17,24P4)
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue
of the Power of Sale con
tained in a Security Deed
given by DANNY E. WATTS
and SHERRY R. WATTS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated August 15, 2007,
recorded in Deed Book 49U,
Page 290, Jackson County,
Georgia Records, as last trans
ferred to BAC Home Loans
Servicing, LP fka Countrywide
Home Loans Servicing LP by
assignment recorded in Deed
Book 56M, Page 581, Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of THREE HUNDRED FIFTY-
ONE THOUSAND TWO
HUNDREDTHIRTYAND0/100
DOLLARS ($351,230.00), with
interest thereon as set forth
therein, there will be sold at
public outcry to the highest
continued on following page