Newspaper Page Text
PAGE 24D
THE JACKSON HERALD
WEDNESDAY, MARCH 10, 2010
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
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 27,
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 23,26,2
7,28,29,30,32,34,35,37,38,40
,41,42,43, and 44, 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) AII 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 DeedtoSecure Debtand
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 40,
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
1,2,3,4,5,9,10,12,17,18,20
and 21, 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) AII 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 Deed to Secure
Debt from CAMBRIDGE
FARMS DEVELOPMENT, LLC
(“Debtor”) to REGIONS BANK
(“Lender”) dated July 29, 2003,
and recorded in Deed Book
31-J, Page 86, in the offices of
the Clerk of the Superior Court
of Jackson County, Georgia
(as modified and/or amended
from time to time, 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
Randolph G.M.D., Jackson
County, Georgia, consisting of
122.466 acres being known
as Tract 1 as shown on plat of
survey for James R. Wehunt,
prepared by W.T. Dunahoo
and Associates, W.T. Dunahoo
Surveyor, GA RLS No. 1577,
dated 3/24/97, and being more
particularly described as fol
lows:
TO ARRIVE AT THE TRUE
POINT OF BEGINNING, begin
at a point on the southwesterly
right of way line of Wehunt
Road (a 100 foot right of way)
which point is 2144.69 feet
from the intersection of the
centerline of Georgia Highway
332 with the southwesterly
right of way line of Wehunt
Road (a 100 foot right of way)
travelling in a southerly direc
tion along the southwesterly
right of way line of Wehunt
Road (a 100 foot right of way)
from said point of intersection,
continuing thence South 10
degrees 19 minutes 58 sec
onds west, 22.32 feet along the
southwesterly right of way line
of Wehunt Road (a 100 foot
right of way) to a point; which
point is the TRUE POINT OF
BEGINNING; FROM SAID
TRUE POINT OF BEGINNING
THUS ESTABLISHED, run
ning thence along the south
westerly right of way line of
Wehunt Road (a 100 foot right
of way) the following cours
es and distances: South 11
degrees 23 minutes 53 sec
onds west, 50.89 feet to a
point, South 11 degrees 06
minutes 04 seconds west,
164.43 feet to a point; South
08 degrees 47 minutes 51
seconds west, 97.43 feet to
a point; South 05 degrees 30
minutes 21 seconds west,
75.12 feet to a point; South 00
degrees 23 minutes 16 sec
onds west, 60.30 feet to a
point; and South 04 degrees
17 minutes 23 seconds east,
35.41 feet to a point; thence
leaving said southwesterly
right of way line of Wehunt
Road (a 100 foot right of way),
South 65 degrees 01 minutes
00 seconds west, 150.72 feet
to a point; Running thence
South 64 degrees 49 minutes
00 seconds west, 40.57 feet to
a point; Running thence South
78 degrees 35 minutes 54
seconds west, 181.83 feet to a
point; running thence North 86
degrees 19 minutes 00 sec
onds west, 236.80 feet to a
point; South 19 degrees49 min
utes 15 seconds west, 680.00
feet to a point; Running thence
North 85 degrees 12 minutes
58 seconds east, 587.50 feet
to a point; Running thence
South 08 degrees 43 minutes
00 seconds west, 873.68 feet
to a point; Running thence
North 41 degrees 37 minutes
07 seconds west, 990.70 feet
to a point; Running thence
North 47 degrees 35 minutes
39 seconds west, 1466.90 feet
to a point; Running thence
North 83 degrees 20 minutes
54 seconds west, 586.96 feet
to a point; Running thence
North 02 degrees 29 minutes
54 seconds east, 2150.72 feet
to a point; Running thence
South 74 degrees 59 minutes
48 seconds east, 444.40 feet
to a point; Running thence
South 06 degrees 08 minutes
33 seconds west, 469.74 feet
to a point; Running thence
South 86 degrees 13 minutes
31 seconds east, 1545.79 feet
to a point; Running thence
South 23 degrees 03 minutes
27 seconds east, 841.68 feet
to a point; Running thence
South 77 degrees 39 minutes
28 seconds east, 272.36 feet
to a point; Running thence
South 05 degrees 27 minutes
13 seconds west, 360.75 feet
to a point; Running thence
South 78 degrees 01 minutes
07 seconds east, 178.49 feet to
a point which point is the TRUE
POINT OF BEGINNING.
LESS AND EXCEPT:
All that tract or parcel of land
lying and being in the 248th
GMD of Jackson County,
Georgia, being Lots 39, 40
and 45 of Cambridge Farms
Subdivision, Phase Two, as
per plat thereof recorded in
Plat Book 68, Pages 114-121,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
and
LESS AND EXCEPT
All that tract or parcel of
land lying and being in the
248th GMD of Jackson
County, Georgia, being Lots
6 and 57 of Cambridge Farms
Subdivision, f/k/a Wehunt
Farm, Phase One, as per
plat thereof recorded in Plat
Book 62, Page 264, Jackson
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
AND
All that tract or parcel of land
lying and being in the 248th
GMD of Jackson County,
Georgia, being Lots 7 and 56,
Cambridge Farms Subdivision,
f/k/a Wehunt Farms, Phase
Two, as per plat thereof record
ed in Plat Book 68, Pages 114-
121, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
and
LESS AND EXCEPT
All that tract or parcel of land
lying and being in the 248th
GMD Randolph of Jackson
County, Georgia, being Lot 4,
5, 58, 59, 62, 73, 76, 80, 83, 84,
85, 89, 90, 93, 96, 97, 98, 99,
100, 101 of Cambridge Farms
Subdivision, Phase One, as
per plat thereof recorded in
Plat Book 62, Pages 264-
266, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
and
LESS AND EXCEPT
All that tract or parcel of land
lying and being in the Randolph
248th GMD of Jackson County,
Georgia, being Lots 61, 72,
74, 75, 77, 81, 82, 87, 88,
91, 92 and 102 of Cambridge
Farms Subdivision, as per plat
thereof recorded in Plat Book
62, Pages 264-266, Jackson
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
and
LESS AND EXCEPT
All that tract or parcel of land
lying and being in the Randolph
248th GMD of Jackson County,
Georgia, being Lots 78, 79, 94
and 95 of Cambridge Farms
Subdivision, Unit One, as per
plat thereof recorded in Plat
Book 62, Pages 264-266,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
TOGETHER WITH all build
ings, structures and improve
ments now or hereafter erect
ed upon the Land and any
and all of the following items
of property which party of the
first part has heretofore placed
or caused to be placed or
hereafter places or causes to
be placed in or on the said
buildings; gas and electric
fixtures, radiators, heaters,
furnaces, heating equipment,
steam and hot water boilers,
hot water heaters, stoves,
ranges and ovens, refrigera
tors, refrigerating plants, air
conditioning equipment, eleva
tors, tubs, sinks, water closets
and basins, garbage disposal
equipment, vacuum cleaning
equipment, sprinkler systems,
fire alarm systems, carpets,
shades, screens, blinds,
awnings, and all other furni
ture, furnishings and equip
ment placed in and about the
said buildings for use therein
which are necessary to the
complete and comfortable use
and occupancy of the said
buildings for the purpose for
which they were or are to be
constructed or erected and
together with all renewals or
replacements of or articles in
substitution for the said enu
merated and described items
of property.
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 Note dated July 29,
2003 executed by Cambridge
Farms Development, LLC and
delivered to Regions Bank in
the original principal amount
of $1,896,900.00 (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 prop
erty 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
property, 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.
The Premises may be sold
as an entirety or in separate
parcels, tracts, lots or bids,
with such election to be
announced by Lender at the
sale. Lender may sell the Land
either separately from that por
tion of the Premises which,
under the laws of the State of
Georgia, may constitute per
sonalty and not an interest
in real estate (the “Personal
Property”), in which case sep
arate bids will be taken there
fore, or collectively in a single
sale and lot and in a single
bid. Lender may elect not to
sell the Personal Property at
the same time as the Land.
Notice of intent to sell sepa
rately or in a single lot and
notice of Lender’s election with
respect to sale of the Personal
Property will be announced
at the sale. With regard to
the sale of either the Personal
Property or the Land, or both,
Lender reserves the right to
credit bid at the sale or the
sales all or any portion of its
debt.
To the best of the under-
continued on following page