Newspaper Page Text
WEDNESDAY, MARCH 10, 2010
THE JACKSON HERALD
PAGE 9D
Public Notices Continued
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: April 6, 2010, the follow
ing described property:
All that tract or parcel of
land lying and being in the
1747th District, G.M., Jackson
County, Georgia, and being
0.606 acres, more or less, and
designated as Tract 1; and
1.412 Acres, more or less,
and designated as Tract 2, as
shown on Plat recorded in Plat
Book 6, Page 186, Jackson
County, Georgia Records 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 SCBT, NA as Successor to
Community Bank & Trust, Post
Office Box 1900, Cornelia, GA
30531, phone number (706)
778-2265. Please understand
that SCBT, NAas Successor to
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 Steven Pearson
(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.
SCBT, NA as Successor to
Community Bank & Trust as
Attorney in Fact for Steven
Pearson (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.
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power
By virtue of the power of
sale contained in that Deed
to Secure Debt from STEVEN
PEARSON to COMMUNITY
BANK & TRUST dated May 7,
1998, and recorded in Deed
Book 17-V, Page 739, Jackson
County, Georgia Records and
all modifications, if any, there
to. The same having been
given to secure a Note and any
additional loan agreements in
the initial principal amount of
$52,546.15 (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: April 6, 2010,
the following described prop
erty:
All that tract or parcel of land
lying and being in the 1747th
District, G.M., Jackson County,
Georgia, and containing 4.177
acres, more or less, and des
ignated as Tract No. 3, as
shown on Plat recorded in Plat
Book 6, Page 289, Jackson
County, Georgia Records and
incorporated herein and made
a part hereof by reference for a
more detailed description.
Included in this conveyance
is an easement for ingress and
egress from Jefferson River
Road as shown on the above
plat.
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 SCBT, NA as Successor to
Community Bank & Trust, Post
Office Box 1900, Cornelia, GA
30531, phone number (706)
778-2265. Please understand
that SCBT, NAas Successor to
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 Steven Pearson
(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.
SCBT, NA as Successor to
Community Bank & Trust as
Attorney in Fact for Steven
Pearson (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.
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Deed to Secure
Debt and Security Agreement
from MICHAEL ROBINSON
HOMES, INC. (“Grantor”)
to FIRST HORIZON HOME
LOAN CORP. (“Grantee”),
dated May 26, 2004, filed
and recorded June 9, 2004,
in Deed Book 34-W, Page
74, Jackson County, Georgia
Records (the “Security Deed”),
conveying the after-described
property to secure that certain
Construction Loan Note dated
May 26, 2004, from Grantor
payable to Grantee in the origi
nal principal amount of NINE
HUNDRED SEVENTY FIVE
THOUSAND AND NO/100
DOLLARS ($975,000.00), with
interest thereon as set forth
therein (the “Note”), 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 April,
2010, the following described
property:
All that tract or parcel of
land lying and being in the
245th and 248th District, G.M.,
Jackson County, Georgia,
being Lots 102 and 104, Pod
E, Traditions of Braselton,
recorded in Plat Book 62,
Page 255, in the office of the
Clerk of the Superior Court
of Jackson County, Georgia,
which recorded plat is hereby
incorporated herein by refer
ence and made a part of this
description.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to comply with
the provisions of the Security
Deed. The debt remaining
outstanding, this sale will be
made for the purpose of pay
ing the same and all expens
es of this sale, as provided
in the Security Deed and by
law, including attorney’s fees
(notice of intent to collect attor
ney’s fees having been given
as provided by law).
The property will be sold
for cash or certified funds and
subject to any and all mat
ters of record superior to said
Security Deed, outstanding ad
valorem taxes, any matters
which might be disclosed by an
accurate survey and inspec
tion of the property, zoning
ordinances, restrictions, cove
nants, and easements against
the property, if any. The sale
will be conducted as set forth
herein subject to (1) confirma
tion prior to the sale that the
sale is not prohibited under
the U.S. Bankruptcy Code and
(2) final confirmation and audit
prior to the sale of the status of
the loan with the holder of the
Security Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property located at 420
Traditions Way and 460
Traditions Way, Braselton,
Jackson County, Georgia,
and the party in possession
of the property is Michael
Robinson Homes, Inc., or its
tenant or tenants.
FIRST HORIZON HOME
LOAN CORP., as Attorney-
in-Fact for Michael Robinson
Homes, Inc.
Thompson, O’Brien, Kemp
& Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
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 in a cer
tain Deed to Secure Debt
from WYNN INVESTMENT
PROPERTIES, INC., to
ATLANTIC SOUTHERN BANK
f/k/a NEW SOUTHERN BANK
dated April 27, 2005, recorded
in Deed Book 38-Q, Page 662-
669, Jackson County Georgia
Records; said Deed to Secure
Debt having been given to
secure a Note in the original
principal amount of TWELVE
MILLION FIVE HUNDRED
THOUSAND AND 00/100
DOLLARS ($12,500,000.00),
there will be sold by the under
signed at public outcry, during
the legal hours of sale before
the door of the Courthouse of
Jackson County, Georgia, on
the first Tuesday in April, 2010,
to-wit, April 6, to the highest
and best bidder for cash, the
following described property:
All that tract of land on
Thompson Mill Road in
General Militia District 1765,
Jackson County, Georgia
being 69.741 acres shown as
Tract 1 on survey prepared
by Ben McLeroy, RLS, dated
September 21,1994, for Lenox
T. Thornton being more partic
ularly described as follows:
Beginning at a point on
the southerly right-of-way of
Thompson Mill Road a dis
tance of 1,187.38 feet and a
course of South 77 degrees
57 minutes 21 seconds West
along Thompson Mill Road
from the northwest intersection
of the right-of-way of a paved
county road and Thompson
Mill road; from said True Point
of Beginning run thence South
10 degrees 18 minutes 50
seconds East 358.08 feet to a
point; thence South 80 degrees
43 minutes 58 seconds West
384.63 feet to a point, thence
South 16 degrees 06 minutes
40 seconds East 850.38 feet
to a point; thence South 59
degrees 39 minutes 17 sec
onds West 1,848.15 feet to a
rod; thence South 59 degrees
39 minutes 17 seconds West
75 feet to the center line of the
Mulberry River; thence along
the center line of Mulberry
River the following courses and
distances; South 70 degrees
14 minutes 38 seconds West
54.79 feet; south 78 degrees
40 minutes 25 seconds West
96.14 feet; south 45 degrees
54 minutes 03 seconds West
82.45 feet; South 32 degrees
57 minutes 59 seconds West
174.16 feet; North 76 degrees
52 minutes 34 seconds West
164.15 feet; North 51 degrees
41 minutes 19 seconds West
279.29 feet; North 54 degrees
17 minutes 02 seconds West
173.74 feet; North 37 degrees
42 minutes 05 seconds West
206.53 feet; North 22 degrees
20 minutes 54 seconds West
221.40 feet; thence leaving
the center line of the Mulberry
River North 57 degrees 33
minutes 39 seconds East
87.45 feet to a point; thence
North 57 degrees 33 minutes
39 seconds East 729.37 feet
to a point; thence North 36
degrees 38 minutes 23 sec
onds East 117.96 feet to a
point; thence North 50 degrees
31 minutes 18 seconds East
473.35 feet to a point, thence
north 20 degrees 06 minutes
30 seconds East 110.05 feet
to a point; thence North 25
degrees 57 minutes 32 sec
onds East 187.19 feet to a
point; thence North 81 degrees
00 minutes 18 seconds East
272.90 feet to a point; thence
North 78 degrees 50 minutes
34 seconds East 200 feet to
a 1/2” conduit; thence North
11 degrees 03 minutes 26
seconds West 320.14 feet
to a point on the southerly
right-of-way of Thompson Mill
Road; thence Northeast along
the Southerly right-of-way of
Thompson Mill Road an arc
distance of 564.11 feet having
a radius of 9,435.35 feet and
a course of north 77 degrees
07 minutes 27 seconds East
a distance of 564.03 feet to a
point; thence North 75 degrees
24 minutes 40 seconds East
220.76 feet to a point; thence
an arc distance of 366.07 feet
having a radius of 6,057.53
feet and a course of North 77
degrees 08 minutes 33 sec
onds East 366.01 feet to the
True Point of Beginning.
Easement - Grantor hereby
grants and conveys to Grantee
an easement for vehicular and
pedestrian ingress and egress
from Thompson Mill Road to
the property described above
over and across the following
property:
All that tract of land on
Thompson Mill Road in
General Militia District 1765,
Jackson County, Georgia
being 1.181 acres shown as
Tract 2 on survey prepared
by Ben McLeroy, RLS dated
September 21,1994 for Lenox
T. Thornton being more par
ticularly described as follows:
Beginning at a point on
the southerly right-of-way of
Thompson Mill Road North
79 degrees 33 minutes, 00
seconds East 2,089.24 feet
from the intersection of the
right-of-way of the center-
line of Mulberry River and
the Southerly right-of-way of
Thompson Mill Road, from
said True Point of Beginning
run thence North 79 degrees
33 minutes East 50 feet along
the right-of-way of Thompson
Mill Road to a point; thence
South 10 degrees 27 min
utes 00 seconds East 667.64
feet to a point; thence South
53 degrees 43 minutes 13
seconds East 169.13 feet
to a point; thence South 36
degrees 38 minutes 23 sec
onds West along the south
western boundary of Tract 1
as shown on the above-refer
enced survey, 117.96 feet to a
point; thence along the arc of
the outside curve of the 50 foot
right-of-way of the private road
shown as Tract No, 2 on the
survey for Lenox T. Thornton
an arc distance of 223.59 feet
having a radius of 300 feet to
a point; North 31 degrees 48
minutes 5 seconds West a
distance of 218.45 feet from
the preceding point; thence
North 10 degrees 27 minutes
00 seconds West 667.61 feet
to the southerly right-of-way of
Thompson Mill Road and the
True Point of Beginning.
The debt secured by said
Deed to Secure Debt and Note
have been and are hereby
declared due and payable in
full because of failure to make
monthly installments which
resulted in default pursuant
to the terms of said Deed to
Secure Debt and Note. Notice
has been given of intention
to enforce provisions for col
lection of attorney’s fees and
foreclosure in accordance with
legal requirements and the
terms of the Deed to Secure
Debt and Note. The indebt
edness remaining in default,
the sale will be made for the
purpose of applying proceeds
thereof to the payment of the
indebtedness secured by the
Deed to Secure Debt, accrued
interest and expenses of the
sale and other sums secured
by the Deed to Secure Debt
including attorney’s fees, and
the remainder if any shall be
applied as provided by law.
Brandon Mercer at Atlantic
Southern Bank located at
4077 Forsyth Road, Macon,
Georgia 31210, with a tele
phone number of (478) 757-
8181 has the full authority to
negotiate, amend, and modify
all terms of the mortgage with
the debtor.
To the best of the under
signed’s knowledge and belief
the property is in the pos
session of MP Investment
Properties, LLC., and said
property will be sold as the
property of MP Investment
Properties, LLC, and is sub
ject to outstanding ad valorem
taxes, street improvements,
and easements or restrictions
of record and prior encum
brances, if any. The under
signed will execute a deed to
purchaser at said sale as pro
vided in the Deed to Secure
Debt.
Atlantic Southern Bank,
Attorney-in-fact for Wynn
Investment Properties, Inc.
David S. Hollingsworth
Smith, Hawkins,
Hollingsworth & Reeves, LLP
Attorney for Atlantic Southern
Bank
688 Walnut Street, Suite
100
P. O. Box 6495
Macon, Georgia 31208-
6495
(478) 743-4436
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by RICHARD
PISTACCHIO to SOVEREIGN
BANK dated December
16, 2004, in the amount of
$246,600.00, and recorded in
Deed Book 37-D, Page 739,
Jackson County, Georgia
Records, as last transferred
to Sovereign Bank by assign
ment, the undersigned,
Sovereign Bank 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 April,
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 248
G.M.D., Jackson, County,
Georgia, being Lot 3, River
Plantations Subdivision, as per
plat recorded in Plat Book 50,
Page 192, Jackson County,
Georgia Records, which plat is
incorporated herein and made
a part hereof by reference.
which has the property
address of 150 Riverchase,
Hoshton, 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 Richard
Pistacchio and the proceeds
of said sale will be applied to
the payment of said indebted
ness, the expense of said sale,
all as provided in said deed,
and the undersigned will exe
cute a deed to the purchaser
as provided in the aforemen
tioned Security Deed.
Sovereign Bank Attorney in
Fact for Richard Pistacchio
Anthony DeMarlo, Attorney/
ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-03065/CONV
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
AND IS ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MA10,17,24,31B/1325-40)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed by
DANIELLE N. DORSEY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 3, 2006, in the
amount of $155,350.00, and
recorded in Deed Book 43-J,
Page 684, Jackson County,
Georgia Records, as last trans
ferred to U.S. Bank National
Association, asTrusteeforTBW
Mortgage Backed Trust Series
2006-3, Mortgage Backed
Pass-Through Certificates,
Series 2006-3 by assign
ment, the undersigned, U.S.
Bank National Association, as
Trustee for TBW Mortgage
Backed Trust Series 2006-
3, Mortgage Backed Pass-
Through Certificates, Series
2006-3 pursuant to said deed
and the note thereby secured,
has declared the entire
amount of said indebtedness
due and payable and pursuant
to the power of sale contained
in said deed, will on the first
Tuesday in April, 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 a d being in GMD 245
of Jackson County, Georgia,
being Lot 87 of Millstone
Crossing Subdivision, as per
plat thereof recorded in plat
Book 64, Page 278, Jackson
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
which has the property
address of 571 Rachel View
Court, Jefferson, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Danielle N.
Dorsey and the proceeds of
said sale will be applied to the
payment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
U.S. Bank National
Association, as Trustee for
TBW Mortgage Backed Trust
Series 2006-3, Mortgage
Backed Pass-Through
Certificates, Series 20063
Attorney in Fact for Danielle
N. Dorsey
Anthony DeMarlo, Attorney/
jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-04023 /CONV
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
AND IS ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MA10,17,24,31B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed by
MARK E. BROWNLEE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated March 20, 2006,
in the amount of $300,000.00,
and recorded in Deed Book
43-F, Page 612, Jackson
County, Georgia Records,
as last transferred to U.S.
Bank National Association, as
Trustee for TBW Mortgage
Backed Trust Series 2006-
3, Mortgage Backed Pass-
Through Certificates, Series
2006-3 by assignment, the
undersigned, U.S. Bank
National Association, as
Trustee for TBW Mortgage
Backed Trust Series 2006-
3, Mortgage Backed Pass-
Through Certificates, Series
2006-3 pursuant to said deed
and the note thereby secured,
has declared the entire
amount of said indebtedness
due and payable and pursuant
to the power of sale contained
in said deed, will on the first
Tuesday in April, 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
455 G.M.D., Jackson County,
Georgia, encompassing 2.0
Acres and designated as
Lot4, Block A, Unit Two, in
The Falls of Stockston Farms
as more particularly described
and delineated according
to a plat and survey pre
pared by Mcfarland, Dyer &
Associates, Inc., certified by J.
Chris Whitley, recorded in Plat
Book 57, Page 54, Jackson
County, Georgia Plat Records;
which plat and the recording
thereof are hereby incorpo
rated herein by reference for
a more detailed description of
the property.
which has the property
address of 171 Primrose
Ln., Pendergrass, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Mark E.
continued on following page