Newspaper Page Text
WEDNESDAY, FEBRUARY 3, 2010
THE JACKSON HERALD
PAGE 23C
Public Notices Continued
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of
sale contained in that Deed to
Secure Debt from HANNAH
C. DAVIS to COMMUNITY
BANK & TRUST dated May
16, 2002, and recorded in
Deed Book 26-N, Page 780,
Jackson County, Georgia
Records and all modifications,
if any, thereto. The same hav
ing been given to secure a
Note and any additional loan
agreements in the total prin
cipal amount of $65,914.00
(the “Note”), with interest from
the date stated above at the
rate stated in the Note and
Additional Loan Agreements,
if any, on the unpaid bal
ance until paid, plus late fees
and other authorized charg
es, 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 for sale,
to wit: March 2, 2010, the fol
lowing described property:
All that tract or parcel of
land lying and being in the
455th District, G.M. Jackson
County, Georgia, and being
that 2.10 acres, more or less,
designated as Lot 2, on a
Plat recorded at Plat Book 31,
Page 120, in the Office of
the Clerk of Superior Court of
Jackson County, Georgia, and
incorporated herein and made
a part hereof by reference for a
more detailed description.
The debt secured by the
deed to secure debt and any
modifications thereto has been
and is hereby declared imme
diately due because of, inter
alia, non-payment of amounts
due under the Note and the
Additional Loan Agreements,
if any. 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 fees.
The Entity that has the full
authority to negotiate, amend
and modify the terms of the
Note and any Additional Loan
Agreements with the Debtor is
Community Bank & Trust, Post
Office Box 1900, Cornelia, GA
30531, phone number (706)
778-2265. Please under
stand that Community Bank
& Trust is not required to
negotiate, amend or modify
any terms of the Note, Deed,
Modifications or Additional
Loan Agreements.
The Property described
above will be sold as the
property of Hannah C. Davis
to (Debtor) subject to all the
outstanding ad valorem taxes
and/or assessments, if any,
and all easements and restric
tions of record, if any, hav
ing priority over this Deed to
Secure Debt, Modifications or
Additional Loan Agreements.
Community Bank & Trust as
Attorney in Fact for Hannah C.
Davis to (Debtor)
Fitzgerald & Burruss, LLC
Attorneys at Law
Vince Fitzgerald
Attorney for Community
Bank & Trust
629 Dawsonville Highway,
Suite 1500
Gainesville, GA 30501
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE3,10,17,24P4)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power
of sale contained in that
Deed to Secure Debt from
BILLIE MCCAIN BLACK
to COMMUNITY BANK &
TRUST dated September 13,
2001, and recorded in Deed
Book 24-J, Page 541, Jackson
County and as modified to,
inter alia, increase the indebt
edness in Deed Book 56-R,
Page 0453 Jackson County,
Georgia Records. The same
having been given to secure
a Note and additional loan
agreements/modifications in
the total principal amount of
$293,019.69 (the “Note”), with
interest from the date stated
above at the rate stated in
the Note and Additional Loan
Agreements, if any, on the
unpaid balance until paid, plus
late fees and other authorized
charges, there will be sold by
the undersigned at public out
cry to the highest bidder for
cash before the Courthouse
door at Jackson County,
Georgia, within the legal hours
for sale, to wit: March 2, 2010,
the following described prop
erty:
All that tract or parcel of land
lying and being in Jackson
County, Georgia, G.M.D., 245,
in the City of Arcade, and con
taining 0.28 acres, more or
less, as shown on Plat record
ed in Plat Book 32, Page 53,
Jackson County, Georgia
Records and is incorporated
herein by reference for a more
complete description.
The debt secured by the
deed to secure debt and any
modifications thereto has been
and is hereby declared imme
diately due because of, inter
alia, non-payment of amounts
due under the Note and the
Additional Loan Agreements,
if any. 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 fees.
The Entity that has the full
authority to negotiate, amend
and modify the terms of the
Note and any Additional Loan
Agreements with the Debtor is
Community Bank & Trust, Post
Office Box 1900, Cornelia, GA
30531, phone number (706)
778-2265. Please under
stand that Community Bank
& Trust is not required to
negotiate, amend or modify
any terms of the Note, Deed,
Modifications or Additional
Loan Agreements.
The Property described
above will be sold as the prop
erty of Billie McCain Black
(Debtor) subject to all the
outstanding ad valorem taxes
and/or assessments, if any,
and all easements and restric
tions of record, if any, hav
ing priority over this Deed to
Secure Debt, Modifications or
Additional Loan Agreements.
Community Bank & Trust
as Attorney in Fact for Billie
McCain Black (Debtor)
Fitzgerald & Burruss, LLC
Attorneys at Law
Vince Fitzgerald
Attorney for Community
Bank & Trust
629 Dawsonville Highway,
Suite 1500
Gainesville, GA 30501
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE3,10,17,24P4)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of
sale contained in that Deed
to Secure Debt from JAMES
GARYBLACKtoCOMMUNITY
BANK & TRUST dated March
5, 2007, and recorded in
Deed Book 48-A, Page 528,
Jackson County, Georgia and
as modified in Deed Book
56R, Page 0454 Jackson
County, Georgia Records. The
same having been given to
secure a Note and additional
loan agreements/modifications
in the total principal amount of
$293,019.69 (the “Note”), with
interest from the date stated
above at the rate stated in
the Note and Additional Loan
Agreements, if any, on the
unpaid balance until paid, plus
late fees and other authorized
charges, there will be sold by
the undersigned at public out
cry to the highest bidder for
cash before the Courthouse
door at Jackson County,
Georgia, within the legal hours
for sale, to wit: March 2, 2010,
the following described prop
erty:
All that tract or parcel of
land lying and being in the
245th District, G.M., Jackson
County, Georgia, in the City
of Arcade, and containing
1.25 acres, more or less, as
shown on Plat recorded in the
Clerk of the Superior Court of
Jackson County, Georgia, in
Plat Book 32, Page 97. For
a more detailed description to
said tract, reference is hereby
made to said plat as recorded.
Subject to existing easements
and right-of-ways for public
roads and utilities now in use.
The debt secured by the
deed to secure debt and any
modifications thereto has been
and is hereby declared imme
diately due because of, inter
alia, non-payment of amounts
due under the Note and the
Additional Loan Agreements,
if any. 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 fees.
The Entity that has the full
authority to negotiate, amend
and modify the terms of the
Note and any Additional Loan
Agreements with the Debtor is
Community Bank & Trust, Post
Office Box 1900, Cornelia, GA
30531, phone number (706)
778-2265. Please under
stand that Community Bank
& Trust is not required to
negotiate, amend or modify
any terms of the Note, Deed,
Modifications or Additional
Loan Agreements.
The Property described
above will be sold as the
property of James Gary Black
(Debtor) subject to all the out
standing ad valorem taxes
and/or assessments, if any,
and all easements and restric
tions of record, if any, hav
ing priority over this Deed to
Secure Debt, Modifications or
Additional Loan Agreements.
Community Bank & Trust
as Attorney in Fact for James
Gary Black (Debtor)
Fitzgerald & Burruss, LLC
Attorneys at Law
Vince Fitzgerald
Attorney for Community
Bank & Trust
629 Dawsonville Highway,
Suite 1500
Gainesville, GA 30501
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE3,10,17,24P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
By virtue of the power of sale
contained in a Security Deed
from POLINAA. TOLOKOVOY,
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated June 19, 2008,
and recorded in Deed Book
0052-T, Pages 0089-0109, and
last transferred and assigned
to Branch Banking and Trust
Company (“BB&T”)by assign
ment recorded in Deed Book
0056-U, Page 73, Jackson
County, Georgia Records,
there will be sold at public
outcry for cash to the highest
bidder before the Courthouse
doors of said county during the
legal hours of sale on the first
Tuesday in March, 2010, by
BB&T, as Attorney-in-Fact for
Polina A. Tolokovoy, the follow
ing described property, to-wit:
All that tract or parcel of land
lying and being in the 248th
District, GMD of Jackson
County, Georgia, being Lot
106, Pod Q, Traditions of
Braselton Subdivision, Phase
2, as per plat thereof recorded
in Plat Book 66, Pages 48-53,
Jackson County, Georgia
records. Said plat is incorpo
rated herein by reference for
a more complete description
of subject property and for all
other legal purposes.
Subject to any and all ease
ments, rights of ways, restric
tive or protective covenants
and public utilities of record.
The indebtedness secured
by said Security Deed hav
ing 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
expenses of the sale, includ
ing attorney’s fees, notice of
intention to collect attorney’s
fees having been given as
provided by law. Gloria Smith,
phone number 864-242-8990,
Chasity Cox, phone number
864-242-8416 and Natasha
Edwards, phone number 864-
242-8612, are the names of
the individuals at BB&T who
have full authority to negotiate,
amend, and modify all terms of
the mortgage with the debtor,
and their address is BB&T,
301 College Street, Greenville,
South Carolina 29601.
The property will be sold
as the property of Polina A.
Tolokovoy subject to the fol
lowing: (1) all prior restrictive
covenants, easements, right-
of-ways, or encumbrances;
(2) all valid zoning ordinances;
(3) matters which would be
disclosed by an accurate sur
vey of the property; (4) all
outstanding taxes, assess
ments, unpaid bills, charges
and expenses that constitute
liens against the property,
whether due and payable or
not yet due and payable, and
matters of record superior to
the Security Deed first set out
above.
To the best of the under
signed’s knowledge and belief,
the party in possession is
Polina A. Tolokovoy, a tenant
or tenants, or parties claim
ing under the aforementioned
and said property is more
commonly known as Lot 106
of Traditions, Pod Q, 3886
Bentgrass Lane, Jefferson,
Georgia 30549.
Branch Banking & Trust Co.
as Attorney in Fact for Polina
A. Tolokovoy
Gregory M. Eells
Attorney at Law
Eells Law Group, LLC
Suite 181 - The Oglethorpe
Bldg.
2971 Flowers Road South
Atlanta, Georgia 30341
(770) 455-3660
THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE3,10,17,24P4)
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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 indebted
ness secured by a Security
Deed executed by DANNY
C. SHERIDAN and CARLA
SHERIDAN a/k/a CARLA
P. SHERIDAN to THE CIT
GROUP/CONSUMER
FINANCE, INC. dated January
10, 2003, and recorded in
Deed Book 28-V, Page 656,
Jackson County Records, said
Security Deed having been
last sold, assigned, transferred
and conveyed to LSF6 Mercury
REO Investments Trust Series
2008-1, by Assignment secur
ing a Note in the original prin
cipal amount of $75,600.00,
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 the
245th District, G.M. of Jackson
County, Georgia, consisting of
one (1) acre, and being bound
ed by the lands of Shields,
by other lands of Shields and
Sanders and being more par
ticularly described as follows:
Beginning at a point on the Old
Jefferson-Statham Highway,
where said land adjoins lands
of J.W. Shields and running
thence along said road South
28 1/2 East 200 feet 9 inches
to a point of the road thence
North 83 East 200 feet 9 inches
along Sanders land to a point,
thence North 22 1/2 West 274
feet to a corner, thence South
65 West 170 feet to the begin
ning corner.
Said property is known
as 3229 Etheridge Road,
Jefferson, GA 30549, togeth
er with all fixtures and personal
property attached to and con
stituting a part of said property,
if any.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, whether or
not now due and payable),
the right of redemption of any
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 Danny C.
Sheridan and Carla Sheridan
a/k/a Carla R Sheridan, the
property, to the best informa
tion, knowledge and belief
of the undersigned, being
presently in the possession
of Danny C. Sheridan and
Carla Sheridan a/k/a Carla R
Sheridan, and the proceeds of
said sale will be applied to the
payment of said indebtedness
and all the expenses of said
sale, including attorney’s fees,
all as provided in said Deed,
and the balance, if any, will be
distributed as provided by law.
LSF6 Mercury REO
Investments Trust Series
2008-1 as Attorney-in-Fact
for Danny C. Sheridan and
Carla Sheridan a/k/a Carla P.
Sheridan
File no. 09-018596
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100_Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(FE3,10,17,24B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the power of sale
contained in the Security Deed
by and between MONICA
LUCACI, (“Borrower”) to
NBANK, N.A., (“Lender") dated
May 6, 2005, and recorded in
Deed Book 39-Y, Page 283,
Jackson County Records con
veying the realty described on
Exhibit “A" attached hereto as
collateral forthe debt in the prin
cipal amount of $112,181.75
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,
2009, the realty in the 245th
and 248th Districts, Jackson
County, Georgia, being more
completely described as fol
lows:
EXHIBIT A
All that tract or parcel of land
lying and being in the 245th
and 248th District, Jackson
County, Georgia being Lot 28,
Pod P, Traditions of Braselton
Subdivision as per plat record
ed in Plat Book 64, Pages
150-152, 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 Monica
Lucaci
/s/ Dylan E. Wilbanks
Dylan E. Wilbanks
Wilbanks Law Firm, PC.
1237 S. Elm Street, Suite B
Commerce, GA 30529
PHONE: 706-335-2355
FAX: 706-243-6464
(FE3,10,17,24P4)
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Notice of Sale
Georgia, Jackson County
Undersigned will sell
before the Courthouse door
in Jackson County, Georgia,
between the legal hours of
sale on the first Tuesday in
March, 2010, to the highest
bidder for cash the following:
All that tract or parcel of
land lying and being in GMD
245 of Jackson County,
Georgia, being the same Tract
VI approximating 112.534
acres as identified on Survey
dated September 9, 1996 by
Rochester & Associates for
Linda L. Butler, Bruce W. Lewis,
Gary C. Lewis and Craig E.
Lewis and recorded on the Hall
County, Georgia Plat Records
in Plat Book 46, Page 211, of
the Jackson County, Georgia,
Plat Records. Said plat and
the description therein being
specifically incorporated herein
by reference and made a part
hereof. Said property is sub
ject to Protective Covenants
and Restrictions of record.
This being the same prop
erty as described in a Quit
Claim Deed dated October 1,
1996 from Linda L. Butler to
Gary C. Lewis, Craig E. Lewis
and Bruce W. Lewis as record
ed on the Jackson County,
Georgia Deed Records.
LESS AND EXCEPT:
All that tract or parcel of
land lying and being situate in
the GMD 245 Jackson County,
Georgia, containing 2.477
acres, more or less, and being
depicted as Tract 1 on a cer
tain plat of survey for William
C. Meek, III and Susan B.
Meek dated August 6, 2007,
by Venable and Associates,
Inc., Christopher J. Carlan,
RLS No. , recorded in Plat
Book , Page , Jackson
County Records, reference to
which plat is hereby made for
a more particular description of
the property herein conveyed.
Said sale will be conducted
and a deed executed to the pur
chaser pursuant to the powers
contained in a Deed to Secure
Debt from Craig E. Lewis, Gary
C. Lewis and Bruce W. Lewis
to AgGeorgia Farm Credit,
ACA dated December 22,
2003 and recorded in Deed
Book 32-X, Page 444, Clerk’s
Office, Jackson Superior
Court. Said Deed to Secure
Debt secures the follow
ing: (1) Fixed Rate Renewal
Note dated April 4, 2008 in
the amount of $1,113,624.08
from Craig E. Lewis, Gary C.
Lewis and Bruce W. Lewis
to AgGeorgia Farm Credit,
ACA, (2) Variable Rate Note
dated September 2, 2009
in the amount of $4,000.00
from Craig E. Lewis, Gary C.
Lewis and Bruce W. Lewis to
AgGeorgia Farm Credit, ACA.
AgGeorgia Farm Credit ACA
is the owner and holder of
said Notes and said Deed to
Secure Debt which secures
the same.
The said Note in the amount
of $1,113,624.08 is in default
due to nonpayment and the
$4,000.00 Note, under the
terms of that Note, is in default
as well.
Because of said default and
in accordance with the provi
sions of said Notes and of
said Deed to Secure Debt,
the undersigned has exer
cised its option to declare the
remainder of the debts due
and collectible, and the power
of sale contained in said Deed
to Secure Debt has become
operative.
The said Craig E. Lewis,
Gary C. Lewis and Bruce W.
Lewis have been notified in
writing that the provisions in
said Notes relative to the pay
ment of attorney’s fees will be
enforced.
Said sale will be conduct
ed subject to any state and
county ad valorem taxes which
may be due and payable on
said property, a deed execut
ed to the purchaser, and the
proceeds shall be applied in
accordance with the provisions
of said Deed to Secure Debt.
AgGeorgia Farm Credit ACA
as attorney in fact for Craig
E. Lewis, Gary C. Lewis and
Bruce W. Lewis
THIS FIRM IS ACTING
AS A DEBT COLLECTOR
AND ANY
INFORMATION
OBTAINED
WILL BE USED
FOR THAT PURPOSE.
T. Baron Gibson, II
Martin Snow, LLP
PO Box 1606
Macon GA 31202-1606
(478) 749-1715
(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 in a
Security Deed from NIGEL D.
EDWARDS and CASSANDRA
M. EDWARDS to BANK
OF AMERICA, N.A., dated
September 28, 2007, recorded
October 11, 2007, in Deed
Book 50-J, Page 274, Jackson
County, Georgia Records, said
Security Deed being given to
secure a Note from NIGEL D.
EDWARDS and CASSANDRA
M. EDWARDS of even date in
the original principal amount of
ONE HUNDRED SEVENTY
SEVEN THOUSAND ONE
HUNDRED EIGHTY SIX
AND 00/100 ($177,186.00)
DOLLARS, with interest from
date at a rate per cent per
annum on the unpaid balance
until paid; 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
in March, 2010, the following
described property:
All that tract or parcel of
land lying and being in GMD
428, City of Pendergrass,
Cunningham District, Jackson
County, Georgia, being Lot
81, Seasons of Pendergrass,
Phase I, as per plat recorded
in Plat Book 66, Pages 78-83,
Jackson County Records, said
plat being incorporated herein
by reference thereto.
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, fail
ure to pay the indebtedness
as and when due and in the
manner provided 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 pro
vided in the Security Deed
and by law, including attor
ney’s fees (notice of intent to
collect attorney’s fees having
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, ease-
continued on following page