Newspaper Page Text
WEDNESDAY, MARCH 10, 2010
THE JACKSON HERALD
PAGE 7D
Public Notices Continued
Associates, Inc., dated May
21, 2007, entitled “Final Plat
for Finch Landing Phase
Four,” said plat being of record
in the Office of the Clerk of
Superior Court for Jackson
County, Georgia in Plat Book
70, Pages 139 through 142;
which said plat and the record
ing thereof are by reference
hereto incorporated herein for
a more complete and detailed
description.
Which has the property
address of 1558 Nightingale
Street, Jefferson, Jackson
County, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be subject to
any unpaid taxes and other
assessments which may be
liens against the property,
including but not limited to
delinquent charges for water,
sewer and sanitation services.
Notice has been given of the
intention to collect attorney’s
fees in accordance with the
terms of the note and deed
to secure debt. Said prop
erty will be sold as the prop
erty of Kenneth McDaniel
Construction Co., Inc. and the
proceeds will be applied to the
payment of said indebtedness,
the expenses and costs of
sale, including attorney’s fees.
Any remaining proceeds will
be applied pursuant to said
deed and the laws of the State
of Georgia.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided for
in the aforementioned deed
to secure debt. Said sale will
divest all the right, title and
interest of the maker thereof
of said property and shall vest
said title in the purchaser at
said sale.
First American Bank & Trust
as successor in interest to First
Piedmont Bank As Attorney in
Fact for Kenneth McDaniel
Construction Co., Inc.
Wayne D. McLocklin
McLocklin & Murphy, LLP
Attorneys for First American
Bank & Trust
149 W. Athens Street
P. O. Box 766
Winder, Georgia 30680
(770) 867-7446
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
Georgia, Jackson County
Because of the default in
the payment of the indebt
edness secured by a Deed
to Secure Debt executed by
WILLIAM MCDANIEL and
NICHOLE MCDANIEL to
FIRST PIEDMONT BANK,
dated August 6, 2004, in the
original principal amount of
FIFTY-THREE THOUSAND
SEVEN HUNDRED FIFTY
AND NO/100 ($53,750.00)
DOLLARS, and recorded in
Deed Book 35-R, Page 439
assumed by KENNETH W.
MCDANIEL and TINA W.
MCDANIEL by Assumption
Agreement dated March
1, 2005 and recorded in
Deed Book 37-Y, page 281;
Deed to Secure Debt from
Kenneth W. McDaniel and
Tina W. McDaniel to FIRST
PIEDMONT BANK, dated
July 6, 2007, in the original
principal amount of FORTY-
SEVEN THOUSAND THREE
HUNDRED FORTY-NINE
AND 59/100 ($47,349.59)
DOLLARS, and recorded in
Deed Book 49-J, Pages 429-
435, modified by modification
agreement filed and recorded
July 1, 2009 and recorded at
Deed Book 55-J, Pages 1-2,
of the records of the Clerk of
the Superior Court of Jackson
County, Georgia, the under
signed, pursuant to said deeds
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 April, 2010, during the legal
hours of sale at the Courthouse
door in Jackson County, 5000
Jackson Parkway, Jefferson,
Georgia, 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., State of Georgia,
County of Jackson, being
3.228 acres and being more
particularly described and
delineated according to a plat
and survey prepared by W. T.
Dunahoo and Associates, Inc.,
certified by W. T. Dunahoo,
Georgia Registered Surveyor
No. 1577, dated December
13, 1993, entitled “Survey for
Mike Giles and Carla Abshire,”
said plat being of record in the
Office of the Clerk of Superior
Court for Jackson County,
Georgia in Plat Book 42, Page
44; which said plat and the
recording thereof are by ref
erence hereto incorporated
herein for a more complete
and detailed description.
Which has the proper
ty address of 5450 Winder
Highway, Jefferson, Jackson
County, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be subject to
any unpaid taxes and other
assessments which may be
liens against the property,
including but not limited to
delinquent charges for water,
sewer and sanitation services.
Notice has been given of the
intention to collect attorney’s
fees in accordance with the
terms of the note and deed
to secure debt. Said property
will be sold as the property
of Kenneth W. McDaniel and
Tina W. McDaniel and the pro
ceeds will be applied to the
payment of said indebtedness,
the expenses and costs of
sale, including attorney's fees.
Any remaining proceeds will
be applied pursuant to said
deed and the laws of the State
of Georgia.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided for
in the aforementioned deed
to secure debt. Said sale will
divest all the right, title and
interest of the maker thereof
of said property and shall vest
said title in the purchaser at
said sale.
First American Bank & Trust
as successor in interest to First
Piedmont Bank As Attorney in
Fact for Kenneth W. McDaniel
and Tina W. McDaniel
Wayne D. McLocklin
McLocklin & Murphy, LLP
Attorneys for First American
Bank & Trust
149 W. Athens Street
P. O. Box 766
Winder, Georgia 30680
(770) 867-7446
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MA10,17,24,31P4)
gpn11
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 March 20, 2006,
from MICHAEL RIDER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., as nominee for
NATIONPOINT, A Division of
Nat. City Bank of IN, recorded
on April 3, 2006, in Deed Book
436 at Page 621, 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 March 20, 2006,
in the amount of $104,000.00,
said note being in default, the
undersigned will sell at public
outcry during the legal hours
of sale before the door of the
courthouse of Jackson County,
Georgia, on April 6, 2010, the
following described real prop
erty (hereinafter referred to as
the “Property”):
All that tract or parcel of
land lying and being in Talmo
GMD 1691, Jackson County,
Georgia, being Lot 28,
Silverlake Subdivision, Phase
Two, as per plat recorded in
Plat Book 54, Pages 241-
245, Jackson County, Georgia
Records, said plat being incor
porated herein and made ref
erence hereto.
The debt secured by the
Security Deed and evidenced
by the note and has been, and
is hereby, declared due and
payable because of, among
other possible events of default,
failure to make the payments
as required by the terms of
the Note. The debt remaining
is in default and this sale will
be made for the purposes of
paying the Deed to Secure
Debt, accrued interest, and all
expenses of the sale, includ
ing attorneys’ fees. Notice of
intention to collect attorneys’
fees has been given as provid
ed by law. To the best of the
undersigned’s knowledge, the
person(s) in possession of the
property is/are Michael Rider.
The property, being commonly
known as 4386 Rolling Ridge
Drive, Gillsville, GA 30543
in Jackson County, will be
sold as the property of Michael
Rider, subject to any outstand
ing ad valorem taxes (includ
ing taxes which are a lien and
not yet due and payable),
any matters affecting title to
the property which would be
disclosed by accurate survey
and inspection thereof, and
all assessments, liens, encum
brances, restrictions, cove
nants, and matters of record to
the Security Deed.
Albertelli Law Attorney for
Deutsche Bank National Trust
Company, as Trustee for First
Franklin Mortgage Loan Trust
2006-FF9, Mortgage Pass-
Through Certificates, Series
2006-FF9 as Attorney in Fact
for Michael Rider
100 Galleria Parkway, Suite
960
Atlanta, GA 30339
Phone: (866)690-0418
James E. Albertelli, Esq.
For the Firm
THIS FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
JEA- 10-35633
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia, County of Jackson
Under and by virtue of the
Power of Sale contained in that
certain Deed to Secure Debt
and Security Agreement from
STERLING LAKE BUILDERS,
LLC (“Debtor”) to BRANCH
BANKING AND TRUST
COMPANY (“Lender”) dated
August 25, 2006, recorded in
Deed Book 45-H, Page 784,
in the offices of the Clerk of
the Superior Court of Jackson
County, Georgia (the “Security
Deed”), the undersigned will
sell at public outcry before
the door of the Courthouse
of Jackson County, Georgia,
during the legal hours of sale,
on the first Tuesday in April,
2010, to the highest and best
bidder for cash the following
property described in said
Security Deed (collectively, the
“Premises”), to wit:
(a) All that certain tract or
parcel of land more particularly
described below (hereinafter
referred to as the “Land”);
All that tract or parcel of
land lying and being in the
245th District, Jackson
County, Georgia, being LOTS
36,39,78, and 87, Sterling
Lake at Jefferson, as per
plat recorded in Plat Book
66, Pages 171-174, Jackson
County Records, said plat
being incorporated herein by
reference thereto.
(b) All buildings, structures
and other improvements of
every kind and nature whatso
ever now or hereafter situated
on the Land; and all machinery,
equipment, fixtures, applianc
es, and building, construction,
development and landscaping
supplies and materials now
or hereafter placed on or in
the Land; and all of the things
addressed in this paragraph
(b), whether generally or spe
cifically, shall be deemed to
be fixtures and accessions to
the freehold and a part of the
Land as between the parties
hereto and all persons claim
ing by, through, or under either
of them; and
c) All and singular the ease
ments, rights-of-way, strips
and gores of land, streets,
ways, alleys, passages, sewer
rights, waters, water cours
es, water rights and powers,
estates, rights, titles, interests,
minerals, royalties, privileges,
liberties, tenements, heredita
ments and appurtenances
whatsoever, in any way now
or hereafter belonging, relat
ing or appertaining to the Land
or the improvements now or
hereafter located thereon, or
any part thereof, whether now
owned or hereafter acquired
by Debtor, and the reversion
or reversions, remainder and
remainders, rents, issues and
profits thereof; and all right
to receive excess payments
in any tax sale of the Land
and the improvements now
or hereafter located thereon,
or any part thereof; and all
the estate, right, title, inter
est, claim and demand what
soever of Debtor, of, in and to
the same; and
(d) Any and all rents which
are now due or may hereafter
become due by reason of the
renting, leasing and bailment of
the Land or the improvements
now or hereafter located there
on, or any part thereof; and
(e) Any and all awards or
payments, including inter
est thereon, and the right to
receive the same, as a result
of (i) the exercise of the right
of eminent domain, (ii) the
alteration of the grade of any
street, or (iii) any other injury
to the taking of, or decrease
in the value of, the Land or the
improvements now or hereaf
ter located thereon.
TO HAVE AND TO HOLD
all the Premises to the use,
benefit and behoof of Lender,
its successors and assigns, IN
FEE SIMPLE forever.
The debt secured by the
Security Deed is evidenced
by a Promissory Note dated
August 25, 2006 executed by
Debtor to the order of Lender
in the original principal amount
of $1,903,050.00 (as modified
and/or amended from time to
time, the “Note”), plus inter
est from date on the unpaid
balance until paid, and other
indebtedness.
Default has occurred and
continues under the terms of
the Note and Security Deed
by reason of, among other
possible events of default, the
nonpayment when due of the
indebtedness evidenced by
the Note and secured by the
Security Deed and the fail
ure to comply with the terms
and conditions of the Note and
Security Deed. By reason of
this default, the Security Deed
has been declared foreclos-
able according to its terms.
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 the Security
Deed and by law, including
attorneys’ fees, notice of intent
to collect attorneys’ fees hav
ing been given. Said Premises
will be sold subject to any
outstanding ad valorem taxes
and/or assessments (including
taxes which are a lien but are
not yet due and payable), pos
sible redemptive rights of the
Internal Revenue Service, if
any, any matters which might
be disclosed by an accurate
survey and inspection of the
Premises, and any assess
ments, liens, encumbrances,
zoning ordinances, restric
tions, covenants, and mat
ters of record superior to the
Security Deed. The sale will
be conducted subject to (1)
confirmation that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
audit and confirmation of the
status of the loan with the
holder of the Security Deed.
To the best of the under
signed’s knowledge and
belief, the Premises are pres
ently owned by Sterling Lake
Builders, LLC. To the best of
the undersigned’s knowledge
and belief, the parties in pos
session of the Premises are
Sterling Lake Builders, LLC
and tenants holding under
Sterling Lake Builders, LLC.
Branch Banking and Trust
Company, as Attorney-in-Fact
for Sterling Lake Builders,
LLC.
Michael R. Wing
Greenberg Traurig, LLP
The Forum, Suite 400
3290 Northside Parkway,
N.W.
Atlanta, Georgia 30327
(678) 553-2675
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia County of Jackson
Under and by virtue of the
Power of Sale contained in that
certain Deed to Secure Debt
and Security Agreement from
STERLING LAKE BUILDERS,
LLC (“Debtor”) to BRANCH
BANKING AND TRUST
COMPANY (“Lender”) dated
February 5, 2007, recorded
in Deed Book 47-N, Page 85,
in the offices of the Clerk of
the Superior Court of Jackson
County, Georgia (the “Security
Deed”), the undersigned will
sell at public outcry before
the door of the Courthouse
of Jackson County, Georgia,
during the legal hours of sale,
on the first Tuesday in April,
2010, to the highest and best
bidder for cash the following
property described in said
Security Deed (collectively, the
“Premises”), to wit:
(a) All that certain tract or
parcel of land more particularly
described below (hereinafter
referred to as the “Land”);
All that tract or parcel of
land lying and being in the
245th GMD, Jackson County,
Georgia, being Lot 13,
Sterling Lake at Jefferson,
as per plat recorded in Plat
Book 66, Pages 171-174,
Jackson County Records, said
plat being incorporated herein
by reference thereto.
(b) All buildings, structures
and other improvements of
every kind and nature whatso
ever now or hereafter situated
on the Land; and all machinery,
equipment, fixtures, applianc
es, and building, construction,
development and landscaping
supplies and materials now
or hereafter placed on or in
the Land; and all of the things
addressed in this paragraph
(b), whether generally or spe
cifically, shall be deemed to
be fixtures and accessions to
the freehold and a part of the
Land as between the parties
hereto and all persons claim
ing by, through, or under either
of them; and
(c) All and singular the ease
ments, rights-of-way, strips
and gores of land, streets,
ways, alleys, passages, sewer
rights, waters, water cours
es, water rights and powers,
estates, rights, titles, interests,
minerals, royalties, privileges,
liberties, tenements, heredita
ments and appurtenances
whatsoever, in any way now
or hereafter belonging, relat
ing or appertaining to the Land
or the improvements now or
hereafter located thereon, or
any part thereof, whether now
owned or hereafter acquired
by Debtor, and the reversion
or reversions, remainder and
remainders, rents, issues and
profits thereof; and all right
to receive excess payments
in any tax sale of the Land
and the improvements now
or hereafter located thereon,
or any part thereof; and all
the estate, right, title, inter
est, claim and demand what
soever of Debtor, of, in and to
the same; and
(d) Any and all rents which
are now due or may hereafter
become due by reason of the
renting, leasing and bailment of
the Land or the improvements
now or hereafter located there
on, or any part thereof; and
(e) Any and all awards or
payments, including inter
est thereon, and the right to
receive the same, as a result
of (i) the exercise of the right
of eminent domain, (ii) the
alteration of the grade of any
street, or (iii) any other injury
to the taking of, or decrease
in the value of, the Land or the
improvements now or hereaf
ter located thereon.
TO HAVE AND TO HOLD
all the Premises to the use,
benefit and behoof of Lender,
its successors and assigns, IN
FEE SIMPLE forever.
The debt secured by the
Security Deed is evidenced
by a Promissory Note dated
February 5, 2007 executed by
Debtor to the order of Lender
in the original principal amount
of $254,320.00 (as modified
and/or amended from time to
time, the “Note”), plus inter
est from date on the unpaid
balance until paid, and other
indebtedness.
Default has occurred and
continues under the terms of
the Note and Security Deed
by reason of, among other
possible events of default, the
nonpayment when due of the
indebtedness evidenced by
the Note and secured by the
Security Deed and the fail
ure to comply with the terms
and conditions of the Note and
Security Deed. By reason of
this default, the Security Deed
has been declared foreclos-
able according to its terms.
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 the Security
Deed and by law, including
attorneys’ fees, notice of intent
to collect attorneys’ fees hav
ing been given. Said Premises
will be sold subject to any
outstanding ad valorem taxes
and/or assessments (including
taxes which are a lien but are
not yet due and payable), pos
sible redemptive rights of the
Internal Revenue Service, if
any, any matters which might
be disclosed by an accurate
survey and inspection of the
Premises, and any assess
ments, liens, encumbrances,
zoning ordinances, restric
tions, covenants, and mat
ters of record superior to the
Security Deed. The sale will
be conducted subject to (1)
confirmation that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
audit and confirmation of the
status of the loan with the
holder of the Security Deed.
To the best of the under
signed’s knowledge and
belief, the Premises are pres
ently owned by Sterling Lake
Builders, LLC. To the best of
the undersigned’s knowledge
and belief, the parties in pos
session of the Premises are
Sterling Lake Builders, LLC
and tenants holding under
Sterling Lake Builders, LLC.
Branch Banking and Trust
Company, as Attorney-in-Fact
for Sterling Lake Builders,
LLC.
Michael R. Wing
Greenberg Traurig, LLP
The Forum, Suite 400
3290 Northside Parkway,
N.W.
Atlanta, Georgia 30327
(678) 553-2675
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MA 10,17,24,31P4)
Be Smart. Stay Alive.
Buckle Up.
gpn11
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia County of Jackson
Under and by virtue of the
Power of Sale contained in that
certain Deed to Secure Debt
and Security Agreement from
STERLING LAKE BUILDERS,
LLC (“Debtor”) to BRANCH
BANKING AND TRUST
COMPANY (“Lender”) dated
February 5, 2007, recorded
in Deed Book 47-N, Page 76,
in the offices of the Clerk of
the Superior Court of Jackson
County, Georgia (the “Security
Deed”), the undersigned will
sell at public outcry before
the door of the Courthouse
of Jackson County, Georgia,
during the legal hours of sale,
on the first Tuesday in April,
2010, to the highest and best
bidder for cash the following
property described in said
Security Deed (collectively, the
“Premises”), to wit:
(a) All that certain tract or
parcel of land more particularly
described below (hereinafter
referred to as the “Land”);
All that tract or parcel of
land lying and being in the
245th GMD, Jackson County,
Georgia, being Lot 7, Sterling
Lake at Jefferson, as per
plat recorded in Plat Book
66, Pages 171-174, Jackson
County Records, said plat
being incorporated herein by
reference thereto.
(b) All buildings, structures
and other improvements of
every kind and nature whatso
ever now or hereafter situated
on the Land; and all machinery,
equipment, fixtures, applianc
es, and building, construction,
development and landscaping
supplies and materials now
or hereafter placed on or in
the Land; and all of the things
addressed in this paragraph
(b), whether generally or spe
cifically, shall be deemed to
be fixtures and accessions to
the freehold and a part of the
Land as between the parties
hereto and all persons claim
ing by, through, or under either
of them; and
(c) All and singular the ease
ments, rights-of-way, strips
and gores of land, streets,
ways, alleys, passages, sewer
rights, waters, water cours
es, water rights and powers,
estates, rights, titles, interests,
minerals, royalties, privileges,
liberties, tenements, heredita
ments and appurtenances
whatsoever, in any way now
or hereafter belonging, relat
ing or appertaining to the Land
or the improvements now or
hereafter located thereon, or
any part thereof, whether now
owned or hereafter acquired
by Debtor, and the reversion
or reversions, remainder and
remainders, rents, issues and
profits thereof; and all right
to receive excess payments
in any tax sale of the Land
and the improvements now
or hereafter located thereon,
or any part thereof; and all
the estate, right, title, inter
est, claim and demand what
soever of Debtor, of, in and to
the same; and
(d) Any and all rents which
are now due or may hereafter
become due by reason of the
renting, leasing and bailment of
the Land or the improvements
now or hereafter located there
on, or any part thereof; and
(e) Any and all awards or
payments, including inter
est thereon, and the right to
receive the same, as a result
of (i) the exercise of the right
of eminent domain, (ii) the
alteration of the grade of any
street, or (iii) any other injury
to the taking of, or decrease
in the value of, the Land or the
improvements now or hereaf
ter located thereon.
TO HAVE AND TO HOLD
all the Premises to the use,
benefit and behoof of Lender,
its successors and assigns, IN
FEE SIMPLE forever.
The debt secured by the
Security Deed is evidenced
by a Promissory Note dated
February 5, 2007 executed by
Debtor to the order of Lender
in the original principal amount
of $283,920.00 (as modified
and/or amended from time to
time, the “Note”), plus inter
est from date on the unpaid
balance until paid, and other
indebtedness.
Default has occurred and
continues under the terms of
the Note and Security Deed
by reason of, among other
possible events of default, the
nonpayment when due of the
indebtedness evidenced by
the Note and secured by the
Security Deed and the fail
ure to comply with the terms
and conditions of the Note and
Security Deed. By reason of
this default, the Security Deed
has been declared foreclos-
able according to its terms.
The debt remaining in
default, this sale will be made
continued on following page