Newspaper Page Text
PAGE 24C
THE JACKSON HERALD
WEDNESDAY, FEBRUARY 3, 2010
Public Notices Continued
merits, 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 the undersigned,
the party in possession of
the property is NIGEL D.
EDWARDS and CASSANDRA
M. EDWARDS or a tenant or
tenants.
BANK OF AMERICA, N.A.,
as attorney in FactforNIGELD.
EDWARDS and CASSANDRA
M. EDWARDS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 6970A-01014
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE3,10,17,24B/16022-50T1P)
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 BETTINAGINN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated January 31, 2003,
in the amount of $87,400.00,
and recorded in Deed Book
29-C, Page 62, Jackson
County, Georgia Records, as
last transferred to Ocwen Loan
Servicing, LLC by assignment,
the undersigned, Ocwen Loan
Servicing, LLC pursuant to
said deed and the note there
by secured, has declared the
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 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
225th G.M.D. of Jackson
County, Georgia, and being
0.50 acres, more or less, as
shown on a plat of survey title
Boundary Survey for Bettina
R. Ginn dated June 12, 1995
and revised March 6, 1998 by
Venable & Associates, Ind.,
and recorded in Plat Book 51,
Page 264, Jackson County,
Georgia Records, said plat and
recording thereof being incor
porated herein by reference
thereto for a more detailed
description.
which has the property
address of 380 Baxter Road,
Commer, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold as
the property of Bettina Ginn
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.
Ocwen Loan Servicing, LLC
Attorney in Fact for Bettina
Ginn
Anthony DeMarlo, Attorney/
kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-00723 /FHLMC
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/1325-50)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of a default in
the payment of principal and
interest on that certain Note
dated October 11, 2007, in
the original principal amount
of $696,000.00, (hereinafter
the “Note”), said Note being
secured by the real property
described in that certain Deed
to Secure Debt executed by
EL GUAPO DEVELOPMENT,
INC. to GEORGIA BANK
& TRUST COMPANY OF
AUGUSTA, dated October 11,
2006, recorded in Deed Book
45-X, Page 667, in the Office
of the Clerk of Superior Court
of Jackson County, Georgia;
said default having been more
than thirty (30) days and not
having been made good in
accordance with the terms
and provisions of said Deed
to Secure Debt, GEORGIA
BANK & TRUST COMPANY
OF AUGUSTA, pursuant to
said Deed to Secure Debt, and
the Note secured thereby, has
declared the entire amount
of the indebtedness secured
by said Deed to Secure Debt
due, payable, and collectible;
and, pursuant to the power of
sale contained in said Deed
to Secure Debt, will, on the
first Tuesday in March, 2010,
within the legal hours of sale
before the Courthouse door in
Jackson County, Georgia, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said Deed to
Secure Debt, to wit:
ALL that tract or parcel of
land situate, lying and being
in the 1747th G.M.D., Jackson
County, Georgia, being known
and designated as Lot 11 of
Saddle Shoals Subdivision,
as shown on a plat entitled
“Final Plat - Saddle Shoals
Subdivision”, dated October 8,
2005 by Schmitt Engineering
and Land Surveying, Inc.,
Registered land Surveyors,
said plat being recorded in
Plat Book 66, page 158-159
in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia, and being
incorporated herein by ref
erence for a more particular
description.
THIS property is subject
to Protective Covenants as
recorded in Deed Book 41-C,
page 431 and 34-M, page 250,
Conservation and Recreation
Easement Agreement to
Saddle Shoals Homeowners
Association, dated October
20, 2005, being recorded in
Deed Book 41-C, page 422
and Utility Easement in favor
of Jackson County, Georgia
dated October 20, 2005, being
recorded in Deed Book 41-C,
page 424, Easement in favor of
Jackson EMC, dated February
9, 2006, being recorded in
Deed Book 42-V, page 173,
right of Way Deeds in favor
of Jackson County, Georgia,
recorded in Deed Book 4-K,
page 367, Deed Book 4-M,
page 273, Deed Book 9-D,
page 484, Deed Book 8-K,
page 762, Deed Book 9-0,
page 717, Deed Book 9-S,
page 46 and Deed Book 13-Q,
page 526, fifty foot easement
for passive recreation trail,
building setback lines and
twenty foot drainage easement
as shown on Plat Book 66,
Page 158, all Jackson County,
Georgia Records.
To the best of the under
signed’s information and belief,
the address of the property is:
695 Westminster Drive, Lot
11 Saddle Shoals, Athens
Jackson County, Georgia
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale
and the Deed to Secure Debt
containing said power.
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.
PursuanttoO.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.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor
is: Georgia Bank & Trust
Company of Augusta, 1143
Prince Avenue, Athens,
Georgia 30606. However, the
secured creditor is not required
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
Said property is being sold
as the property of EL GUAPO
DEVELOPMENT, INC., and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Deed to Secure
Debt being foreclosed upon.
This 27th day of January
2010.
GEORGIA BANK & TRUST
COMPANY OF AUGUSTA as
Attorney-in-fact for EL GUAPO
DEVELOPMENT, INC.
FORTSON, BENTLEY AND
GRIFFIN, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(FE3,10,17,24B/1034-80)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of a default in
the payment of principal and
interest on that certain Note
dated July 31, 2007, in the
original principal amount of
$680,000.00, as modified by a
Commercial Debt Modification
Agreement dated August 20,
2008 (hereinafter the “Note”),
said Note being secured by
the real property described in
that certain Deed to Secure
Debt executed by EL GUAPO
DEVELOPMENT, INC. to
GEORGIA BANK & TRUST
COMPANY OF AUGUSTA,
dated July 31, 2006, record
ed in Deed Book 44-Y, Page
460, in the Office of the Clerk
of Superior Court of Jackson
County, Georgia; said default
having been more than thirty
(30) days and not having been
made good in accordance with
the terms and provisions of
said Deed to Secure Debt,
GEORGIA BANK & TRUST
COMPANY OF AUGUSTA,
pursuant to said Deed to
Secure Debt, and the Note
secured thereby, has declared
the entire amount of the indebt
edness secured by said Deed
to Secure Debt due, payable,
and collectible; and, pursu
ant to the power of sale con
tained in said Deed to Secure
Debt, will, on the first Tuesday
in March, 2010, within the
legal hours of sale before the
Courthouse door in Jackson
County, Georgia, sell at public
outcry to the highest bidder for
cash, the property described
in said Deed to Secure Debt,
to wit:
ALL that tract or parcel of
land situate, lying and being
in the 1747th G.M.D., Jackson
County, Georgia, being known
and designated as Lot 43 of
Saddle Shoals Subdivision,
as shown on a plat entitled
“Final Plat - Saddle Shoals
Subdivision”, dated October 8,
2005 by Schmitt Engineering
and Land Surveying, Inc.,
Registered land Surveyors,
said plat being recorded in
Plat Book 66, page 158 in
the Office of the Clerk of the
Superior Court of Jackson
County, Georgia, and being
incorporated herein by ref
erence for a more particular
description.
THIS conveyance is made
subjectto Protective Covenants
as recorded in Deed Book41 -C,
page 431 and 34-M, page 250,
Conservation and Recreation
Easement Agreement to
Saddle Shoals Homeowners
Association, dated October
20, 2005, being recorded in
Deed Book 41-C, page 422
and Utility Easement in favor
of Jackson County, Georgia,
dated October 20, 2005, being
recorded in Deed Book 41-C,
page 424, all Jackson County,
Georgia Records.
To the best of the under
signed’s information and belief,
the address of the property is:
30 Chairing Cross Lane,
Lot 43, Saddle Shoals,
Athens
Jackson County, Georgia
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale
and the Deed to Secure Debt
containing said power.
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.
PursuanttoO.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.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor
is: Georgia Bank & Trust
Company of Augusta, 1143
Prince Avenue, Athens,
Georgia 30606. However, the
secured creditor is not required
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
Said property is being sold
as the property of EL GUAPO
DEVELOPMENT, INC. and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Deed to Secure
Debt being foreclosed upon.
This 27th day of January
2010.
GEORGIA BANK & TRUST
COMPANY OF AUGUSTA as
Attorney-in-fact for
EL GUAPO
DEVELOPMENT, INC.
FORTSON, BENTLEY AND
GRIFFIN, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(FE3,10,17,24B/1034-70T1P)
gpnll
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 contained
in a Security Deed given by
CHRIS D. COLLINS and
HEATHER F. COLLINS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December 19,
2005, recorded in Deed Book
42-A, Page 467, Jackson
County, Georgia Records,
as last transferred to BAC
Home Loans Servicing, LP
fka Countrywide Home Loans
Servicing LP by assignment
recorded in Deed Book 56V,
Page 651, Jackson County,
Georgia Records, conveying
the after-described property to
secure a Note in the origi
nal principal amount of ONE
HUNDRED TWENTY-TWO
THOUSAND ONE HUNDRED
SEVENTY-TWO AND 0/100
DOLLARS ($122,172.00),
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:
SEE EXHIBIT “A” ATTACHED
HERETO AND MADE A PART
HEREOF The debt secured
by said Security Deed 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
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 Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having been
given). Said property will be
sold subject to any outstand
ing ad valorem taxes (includ
ing taxes which are a lien,
but not yet due and payable),
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. The entity
that has full authority to nego
tiate, amend, and modify all
terms of the mortgage with the
debtor is: Bank of America,
177 Countrywide Way, Mail
Stop: CAO-911 -01-05,
Lancaster, CA 93536, (661)
951-5722. Please understand
that the secured creditor is
not required by law to nego
tiate, amend, or modify the
terms of the mortgage instru
ment. To the best knowledge
and belief of the undersigned,
the party in possession of the
property is Chris D. Collins
and Heather F. Collins or a
tenant or tenants and said
property is more commonly
known as 631 Silver Bell Rd.,
Jefferson, Georgia 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 secu
rity deed. BAC Home Loans
Servicing, LP fka Countrywide
Home Loans Servicing LP as
Attorney in Fact for Chris D.
Collins and Heather F. Collins
McCalla Raymer, LLC 1544
Old Alabama Road Roswell,
Georgia 30076 www.foreclo-
surehotline.net MR/lw9 3/2/10
Our file no. 53289309-FT11
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
City of Jefferson in the 245th
GMD of Jackson County,
Georgia, and being Lot 31,
Block A of Arbors of Jefferson
Subdivision according to that
plat of survey recorded in Plat
Book 62, Page 278, Jackson
County, Georgia Records,
which said plat is incorporated
herein and made a part hereof
by reference thereto for a more
complete and detailed descrip
tion of the property conveyed
herein. MR/lw9 3/2/10 Our file
no. 53289309 - FT11
(FE3,10,17,24B/12062-70T1P)
gpnll
Notice of Sale
Advertisement of Sale Under Power of Sale
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 (hereinafter known as
the (Security Deed() from
FMS CONTRACTING, LLC
to NORTHEAST GEORGIA
BANK dated October 24, 2006
and recorded on November
15, 2006 in Deed Book 46-J,
Pages 478-484, as last
amended by Modification
dated February 2, 2009 and
recorded on February 18, 2009
in Deed Book 54M, Page 497,
as further secured by UCC
Financing Statement in favor
of the Bank filed and record
ed on February 24, 2009 as
recorded in Deed Book 54M,
Pages 488-491 and filed as
Seq. No.078200900124,
Jackson County, Georgia
records. This Security Deed
secures a Note dated February
2, 2009 in the original princi
pal amount of $235,573.27,
plus interest; there will be sold
by the undersigned at pub
lic outcry to the highest and
best 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
and improvements, if any; to-
wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
257 GMD, Jackson County,
Georgia, and being all of Lot
12 of Aspen Falls Subdivision,
as shown on a subdivision
plat recorded in Plat Book 68,
Pages 52-60 of the Jackson
County Records, which plat
is incorporated herein by ref
erence for a more complete
description of the subject prop
erty.
Along with 1-4 Family Rider
(Assignment of Rents) dated
February 2, 2009, attached
hereto and made a part hereof
by reference, conveying prop
erty with known address of
41 Cypress Place, Jefferson,
GA 30549, as described in
Deed to Secure Debt dated
October 24, 2006, recorded
in Deed Book 46J, Pages
464-470, records of Jackson
County, Georgia.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of said loan. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney(s fees. (Notice of
intent to collect attorneys fees
having been given.)
Said property will be sold
as the property of FMS
Contracting, LLC and subject
to the outstanding ad valorem
taxes and/or assignments if
any, and further subject to the
outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned, equi
table title to said property is
now held by FMS Contracting,
LLC.
NORTHEAST GEORGIA
BANK
By: As Attorney-in-fact
for: FMS Contracting, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(FE3,10,17,24P4)
gpnll
Notice of Sale
Advertisement of Sale Under Power of Sale
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 (hereinafter known as
the (Security Deed() from
FMS CONTRACTING, LLC
to NORTHEAST GEORGIA
BANK dated October 24, 2006
and recorded on November
15, 2006 in Deed Book 46-J,
Pages 464-470, as last
amended by Modification
dated February 2, 2009 and
recorded on February 18, 2009
in Deed Book 54M, Page 496,
as further secured by UCC
Financing Statement in favor
of the Bank filed and recorded
on April 13, 2009 as recorded
in Deed Book 54-M, Pages
492-495 and filed as Seq.
No.078200900264, Jackson
County, Georgia Records.
This Security Deed secures a
Note dated February 2, 2009
in the original principal amount
of $223,533.58, plus interest;
there will be sold by the under
signed at public outcry to the
highest and best 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 follow
ing described property and
improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
257 GMD, Jackson County,
Georgia, and being all of Lot
4 of Aspen Falls Subdivision,
as shown on a subdivision
plat recorded in Plat Book 68,
Pages 52-60 of the Jackson
County Records, which plat
is incorporated herein by ref
erence for a more complete
description of the subject prop
erty.
Along with 1-4 Family Rider
(Assignment of Rents) dated
February 2, 2009, attached
hereto and made a part hereof
by reference, conveying prop
erty with known address of 149
Cypress Place, Jefferson,
GA 30549, as described in
Deed to Secure Debt dated
October 24, 2006, recorded
in Deed Book 46-J, Pages
464-470, records of Jackson
County, Georgia.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of said loan. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney(s fees. (Notice of
intent to collect attorneys fees
having been given.)
Said property will be sold
as the property of FMS
Contracting, LLC and subject
to the outstanding ad valorem
taxes and/or assignments if
any, and further subject to the
outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned, equi
table title to said property is
now held by FMS Contracting,
LLC.
NORTHEAST GEORGIA
BANK
By: As Attorney-in-fact
for: FMS Contracting, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 off
(FE3,10,17,24P4)
gpnll
Notice of Sale
Advertisement of Sale Under Power of Sale
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 (hereinafter known as
the (Security Deed() from
FMS CONTRACTING, LLC
to NORTHEAST GEORGIA
BANK dated October 24, 2006
and recorded on November
15, 2006 in Deed Book 46-J,
Pages 471-477, as last
amended by Modification
dated February 2, 2009 and
recorded on February 18, 2009
in Deed Book 54-M, Page 498,
as further secured by UCC
Financing Statement in favor
of the Bank filed and record
ed on February 24, 2009 as
recorded in Deed Book 54M,
Pages 484-487 and filed as
Seq. No.078200900123,
Jackson County, Georgia
records. This Security Deed
secures a Note dated February
2, 2009 in the original princi
pal amount of $223,481.37,
plus interest; there will be sold
by the undersigned at pub
lic outcry to the highest and
best 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
and improvements, if any; to-
wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
257 GMD, Jackson County,
Georgia, and being all of Lot
5 of Aspen Falls Subdivision,
as shown on a subdivision
plat recorded in Plat Book 68,
Pages 52-60 of the Jackson
County Records, which plat
is incorporated herein by ref
erence for a more complete
description of the subject prop
erty.
Along with 1-4 Family Rider
(Assignment of Rents) dated
continued on following page