Newspaper Page Text
WEDNESDAY, MARCH 10, 2010
THE JACKSON HERALD
PAGE 23D
FKA THE BANK OF NEW
YORK AS TRUSTEE FOR
THECERTIFICATEHOLDERS
CWABSJNC. ASSET-
BACKED CERTIFICATES,
SERIES2005-9byassignment,
the undersigned, THE BANK
OF NEW YORK MELLON
FKA THE BANK OF NEW
YORK AS TRUSTEE FOR
THECERTIFICATEHOLDERS
CWABSJNC. ASSET-
BACKED CERTIFICATES,
SERIES 2005-9 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 the 257th
District of Jackson County,
Georgia, being Lot 19, Block
A, Hampton Creek, as more
particularly described o a plat
of survey recorded in Plat
Book 57, Page 188, Jackson
County, Georgia Records,
which said plat is incorporated
herein by reference and made
a part hereof.
Subject to protective cov
enants dated 6-12-2001 and
recorded in Deed Book 23-S,
Page 378, Jackson County,
Georgia Records.
which has the property
address of 65 Hampton Creek
Road, Commerce, 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 Wanda I.
Merced 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.
THE BANK OF NEW
YORK MELLON FKA THE
BANK OF NEW YORK
AS TRUSTEE FOR THE
CERTIFICATEHOLDERS
CWABSJNC. ASSET-
BACKED CERTIFICATES,
SERIES 2005-9 Attorney in
Fact for Wanda I. Merced
Anthony DeMarlo, Attorney/
smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-17150 /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
State of Georgia, County of Jackson
Because of a default in
the payment of the indebt
edness secured by a
Security Deed executed by
EDWARD P. ANDERSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated June 2, 2003,
and recorded in Deed Book
3009, Page 784, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to Wells Fargo Bank,
NA, by Assignment securing
a Note in the original prin
cipal amount of $95,918.00,
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, April 6, 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 242nd
District, G.M., City of Arcade,
Jackson County, Georgia,
containing 2.07 acres, more
or less, and designated as
Lot 13. As shown on that plat
of survey of Hidden Acres
Unit One and Two by W.T.
Dunahoo & Associates, Inc.,
Surveyor, dated July 28, 1988,
and recorded in the Office of
the Clerk of Superior Court of
Jackson County, Georgia, in
Plat Book 29, Page 101. Said
plat, as recorded is hereby
incorporated by reference for
a more detailed description
of said property. Subject to
existing easements and rights
of way for public roads and
utilities now in use. Subject to
restrictive covenants recorded
in Deed Book 10-1, Page 10.
Said property is known
as 105 Sandy Lane Court,
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 Edward P.
Anderson, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Edward P. Anderson,
and the proceeds of said sale
will be applied to the pay
ment 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 distrib
uted as provided by law.
Wells Fargo Bank, NA as
Attorney-in-Fact for Edward P.
Anderson
File no. 10-001755
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd.,
Suite 100
Atlanta, GA 30341-3941
(770)220-2535/CP
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(MA10,17,24,31B/1323-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 BRIDGET K. HANN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated November 14,
2005, recorded in Deed Book
41-N, Page 360, Jackson
County, Georgia Records,
as last transferred to U.S.
Bank National Association, as
Trustee forTBW MORTGAGE-
BACKED PASS-THROUGH
CERTIFICATES, SERIES
2006-1 by assignment to
be recorded in the Office of
the Clerk of Superior Court
of Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
FORTY-EIGHT THOUSAND
SEVEN HUNDRED AND 0/100
DOLLARS ($148,700.00), with
interest thereon as set forth
therein, there will be sold at
public outcry to the highest
bidder for cash before the
Courthouse door of Jackson
County, Georgia within the
legal hours of sale on the first
Tuesday in April, 2010, the fol
lowing 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, failure to pay
the indebtedness as and when
due and in the manner pro
vided in the Note and Security
Deed. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, as provided in Security
Deed and by law, including
attorney's fees (notice of intent
to collect attorney’s fees hav
ing been given). Said prop
erty will be sold subject to any
outstanding ad valorem taxes
(including taxes which are a
lien, but not yet due and pay
able), 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 negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
American Home Mortgage
Servicing Inc., 6501 Irvine
Center Drive, Irvine, CA92618,
877-304-3100. Please under
stand 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 Bridget K. Hann
or a tenant or tenants and
said property is more com
monly known as 532 Rachel
View Ct., Jefferson, Georgia
30549. The sale will be con
ducted subject (1) to confirma
tion that the sale is not prohib
ited under the U.S. Bankruptcy
Code and (2) to final confirma
tion and audit of the status of
the loan with the holder of the
security deed.
U.S. Bank National
Association, asTrusteeforTBW
MORTGAGE-BACKED PASS
THROUGH CERTIFICATES,
SERIES 2006-1 as Attorney in
Fact for Bridget K. Hann
McCalla Raymer, LLC 1544
Old Alabama Road Roswell,
Georgia 30076 www.foreclo-
surehotline.net MR/ss3 4/6/10
Our file no. 5671310-FT1
EXHIBIT “A”
All that tract or parcel of land
lying and being in GMD 245
of Jackson County, Georgia,
being Lot 80 of Millstone
Crossing Subdivision, as per
plat thereof recorded in Plat
Book 64, Pages 278-280,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence and made a part of
this description. MR/ss3 4/6/10
Our file no. 5671310 - FT1
IMA10,17,24,31B/12062-60T1P)
gpn11
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 LUCA
OPREA, (“Borrower”) to
NBANK, N.A., (“Lender") dated
April 29, 2005, and recorded in
Deed Book 38-V, Page 775,
Jackson County Records con
veying the realty described on
Exhibit “A" attached hereto as
collateral for the debt in the prin
cipal amount of $121,181.75
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 April,
2010, 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 18,
Pod P, Traditions of Braselton
Subdivision as per plat record
ed in Plat Book 64, Pages
97-98, 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 Luca
Oprea
/s/ Dylan E. Wilbanks
Dylan E. Wilbanks
Wilbanks Law Firm, RC.
1237 S. Elm Street, Suite B
Commerce, GA 30529
PHONE: 706-335-2355
FAX: 706-243-6464
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebtedness
secu red by a Secu rity Deed exe
cuted by COREY L. MCCLURE
and SHALA MCCLURE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated July 15, 2008, in
the amount of $181,279.00,
and recorded in Deed Book
52-X, Page 567, Jackson
County, Georgia Records,
as last transferred to GMAC
Mortgage, LLC by assign
ment, the undersigned, GMAC
Mortgage, 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 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 situate, lying and being in
the City of Commerce, in the
255th GMD of Jackson County,
Georgia, and being known and
designated as Lots 19 and
20 on plat of survey of W.N.
Harden Subdivision, made
by Patton-Pless, Surveyors,
dated July 10, 1969, and
recorded in the Office of
the Clerk of Superior Court,
Jackson County, Georgia, in
Plat Book 6, Page 22, said
plat as recorded is hereby ref
erenced for a more detailed
description of said property.
which has the property
address of 1271 Hospital
Road, Commerce, 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 Corey L.
McClure and Shala McClure
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.
GMAC Mortgage, LLC
Attorney in Fact for Corey L.
McClure and Shala McClure
Anthony DeMarlo, Attorney/
kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-03384 /FHA
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.
(MA 10,17,24,31B/1325-50)
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 DeedtoSecureDebtand
Security Agreement from RUD
LONGTERM INVESTMENTS,
LLC (“Debtor”) to BRANCH
BANKING AND TRUST
COMPANY (“Lender”) dated
December 12, 2005, recorded
in Deed Book 41-W, Page 80,
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 67,68,6
9,70,71,72,73,74,76,77,79,
80,82,83,84,85,89 and 90,
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
December 12, 2005 execut
ed by Debtor to the order of
Lender in the original princi
pal amount of $954,450.00
(as modified and/or amended
from time to time, the “Note”),
plus interest 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 RUD Longterm
Investments, LLC. To the best
of the undersigned’s knowl
edge and belief, the parties in
possession of the Premises are
RUD Longterm Investments,
LLC and tenants holding under
RUD Longterm Investments,
LLC.
Branch Banking and Trust
Company, as Attorney-in-
Fact for RUD Longterm
Investments, 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 DeedtoSecureDebtand
Security Agreement from RUD
LONGTERM INVESTMENTS,
LLC (“Debtor”) to BRANCH
BANKING AND TRUST
COMPANY (“Lender”) dated
December 12, 2005, recorded
in Deed Book 41-W, Page 53,
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 45,47,48,
49,50,52,53,54,55,56,57,58,5
9,60,61,62, 63, 64,65, and 66,
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
continued on following page