Newspaper Page Text
PAGE 26D
THE JACKSON HERALD
WEDNESDAY, MARCH 10, 2010
Book 41-Z, Page 318, Jackson
County, Georgia Records, and
as modified at Deed Book
53-U, Page 666, Jackson
County, Georgia Records, said
Security Deed having been
given to secure a Note of even
date in the principal amount
of FORTY THOUSAND FIVE
HUNDRED DOLLARS AND
NO CENTS ($40,500.00), with
interest thereon as provided
for therein, there will be sold
at public outcry to the high
est bidder for cash before the
Courthouse door of Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in April 2010, all prop
erty described in said Security
Deed including but not lim
ited to the following described
property:
All that tract or parcel of
land lying and being in the
245th District, Jackson
County, Georgia, being Lot
Tract 5, containing 2.19 acres,
more or less, of Dunwoody
Subdivision, as per plat there
of recorded in Plat Book 22,
Page 158, 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 being known
as 962 Jefferson River Road,
Jefferson, GA 30549 accord
ing to the present numbering
system in Jackson County. The
indebtedness secured by said
Security Deed has been and is
hereby declared due because
of default under the terms of
said Security Deed and Note,
including but not limited to the
nonpayment of the indebted
ness as and when due. The
indebtedness remaining in
default, this sale will be made
for the purpose of paying the
same, all expenses of the sale,
including attorneys’ fees and
all other payments provided
for under the terms of the
Security Deed and Note. Said
property will be sold subject to
the following items which may
affect the title to said property:
all zoning ordinances; matters
which would be disclosed by
an accurate survey or by an
inspection of the property; any
outstanding taxes, including
but not limited to ad valorem
taxes, which constitute liens
upon said property; special
assessments; all outstanding
bills for public utilities which
constitute liens upon said prop
erty; all restrictive covenants,
easements, rights-of-way and
any other matters of record
superior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Christopher Mohler
and Tina Mohler or tenant(s).
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, Branch Banking and
Trust Company as Attorney
in Fact for Christopher Mohler
and Tina Mohler.
Contact: Patrick J. Geheren,
Esq., 1535 Mount Vernon
Road, Atlanta, GA 30338 TEL
(678) 587-9500.
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MA10,17,24,31P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the
payment of the indebtedness
secu red by a Secu rity Deed exe
cuted by CONSUELO GIRAL
to HOMEBANC MORTGAGE
CORPORATION, dated
December2, 2004, and record
ed in Deed Book 37-A, Page
753, Jackson County Records,
said Security Deed hav
ing been last sold, assigned,
transferred and conveyed to
The Bank of New York Mellon,
fka The Bank of New York
as Successor in interest to
JPMorgan Chase Bank NA as
Trustee for Structured Asset
Mortgage Investments II Inc.
Bear Stearns ALT-A Trustee
2005-5, Mortgage Pass-
Through Certificates, Series
2005-5, by Assignment secur
ing a Note in the original prin
cipal amount of $171,400.00,
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 GMD 1765,
Jackson County, Georgia,
being Lot 7, Arbor Pointe,
Phase II, as per subdivision
plat recorded in Plat Book
62, Pages 149-150, Jackson
County, Georgia Records,
which plat is hereby referred
to and made a part of this
description.
Said property is known as
175 Arbor Trace, Braselton,
GA 30517, together with all
fixtures and personal property
attached to and constituting 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 Consuelo
Giral, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Consuelo Giral, and
the proceeds of said sale will
be applied to the payment of
said indebtedness and all the
expenses of said sale, includ
ing attorney’s fees, all as pro
vided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
The Bank of New York
Mellon, fka The Bank of New
York as Successor in inter
est to JPMorgan Chase Bank
NA as Trustee for Structured
Asset Mortgage Investments
II Inc. Bear Stearns ALT-A
Trustee 2005-5, Mortgage
Pass-Through Certificates,
Series 2005-5 as Attorney-in-
Fact for Consuelo Giral
File no. 09-011845
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/KF
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, Jackson County
By virtue of a Power of
Sale contained in that cer
tain Security Deed from
STEPHEN J. TURLEY and
JENNIFER E. TURLEY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nominee
for Taylor, Bean & Whitaker
Mortgage Corp., dated March
13, 2009, recorded April 8,
2009, in Deed Book 0054-Y,
Pages 0180-0190, Jackson
County, Georgia Records, said
Security Deed having been
given to secure a Note of
even date in the original prin
cipal amount of Two Hundred
SixteenThousandSixty-Sixand
00/100 dollars ($216,066.00),
with interest thereon as pro
vided for therein, said Security
Deed having been last sold,
assigned and transferred to
BAC Home Loans Servicing,
LP fka Countrywide Home
Loans Servicing, LP, 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, all property described in
said Security Deed including
but not limited to the following
described property:
All that tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 428th G.M.D.,
Jackson County, Georgia,
designated as Lot 18, Block
A, of Blackberry Farms
Subdivision as shown by plat
and survey entitled “Final Plat
for: Blackberry Farms”, pre
pared by Ringo Abernathy &
Associates, certified by Kevin
V. Ringo, Georgia Registered
Land Surveyor No. 2278 and
S. Guy Abernathy, Georgia
Registered Land Surveyor No.
15252, dated February 20,
2003, as recorded in Plat Book
60, Page 211, Jackson County,
Georgia Records; which plat
and the recording thereof are
hereby incorporated herein by
reference for a more detailed
description of the property.
Said property is commonly
known as 187 Blackberry
Lane, Pendergrass, GA
30567.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due because of default under
the terms of said Security
Deed and Note, including but
not limited to the nonpayment
of the indebtedness as and
when due. The indebtedness
remaining in default, this sale
will be made for the purpose of
paying the same, all expenses
of the sale, including attor
neys' fees and all other pay
ments provided for under the
terms of the Security Deed
and Note.
Said property will be sold
subject to the following items
which may affect the title to
said property: all zoning ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstanding
taxes, including but not limited
to ad valorem taxes, which
constitute liens upon said
property; special assessments;
all outstanding bills for public
utilities which constitute liens
upon said property; any rights
of redemption, if applicable, by
the United States of America,
pursuant to 26 U.S.C. 7425(d)
(1); all restrictive covenants,
easements, rights-of-way and
any other matters of record
superior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Stephen J. Turley
and Jennifer E. Turley, or
tenants(s).
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. THE ABOVE
LAW FIRM IS ACTING AS A
DEBT COLLECTOR. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
BAC HOME LOANS
SERVICING, LP FKA
COUNTRYWIDE HOME
LOANS SERVICING, LP as
Attorney in Fact for STEPHEN
J. TURLEY AND JENNIFER
E. TURLEY
Lender Contact: BAC,
Loss Mitigation Dept., 7105
Corporate Drive, PTX-A-274,
Plano, TX 75024
TELEPHONE NUMBER:
800-669-6087
Attorney Contact: Rubin
Lublin Suarez Serrano, LLC,
3740 Davinci Court, Suite 100,
Norcross, GA 30092
TELEPHONE NUMBER:
(888) 890-5309 CASE NO.
BAC-10-01182-1
WWW.RUBINLUBLIN.
COM/PROPERTY-LISTINGS.
PHP
<MA 10,17,24,31B/18915-70)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the
power of sale contained in that
certain Deed to Secure Debt,
Assignment of Rents and
Security Agreement executed
by RLR ASSOCIATES, INC.
(“Borrower”) to SOUTHTRUST
BANK, dated September 7,
2004 and recorded in the
office of the Clerk of the
Superior Court of Jackson
County, Georgia in Deed Book
35-Z, Page 688, as amended
and restated by that certain
Amended and Restated Deed
to Secure Debt, Assignment of
Rents and Security Agreement
from Borrower to Wachovia
Bank, National Association,
successor by merger to
SouthTrust Bank (“Lender”)
dated March 30, 2007 and
recorded in Deed Book 48
D, Page 27, said records,
and as further modified by
that certain Modification and
Extension of Deed to Secure
Debt from Borrower to Lender
dated January 31, 2008 (the
“Security Deed”), the under
signed Lender will sell at public
outcry to the highest bidder
for cash before the door of
the Courthouse of Jackson
County, Georgia, during the
legal hours of sale, on the first
Tuesday in April, to wit: April
6, 2010, the real and person
al property conveyed by the
Security Deed and described
in Exhibit A attached hereto
and by reference made a part
hereof (all such real and per
sonal property being herein
after collectively referred to as
the “Property”).
The debt secured by said
Security Deed is evidenced by
a Promissory Note made by
Borrower in favor of SouthTrust
Bank, dated September 7,
2004 in the original principal
amount of $2,160,000.00, as
amended and restated by
that certain Promissory Note
(Amended and Restated)
made by Borrower in favor of
Lender dated March 30, 2007,
as further modified by that cer
tain Modification Number One
to Promissory Note made by
Borrower dated January 31,
2008, and as further amended
and restated by that certain
Promissory Note made by
Borrower dated February 10,
2009, in the original principal
amount of $1,988,467.00 (the
“Note”), payable principal and
interest from the date thereof
at the rate of interest shown
on said Note on the unpaid
balance until paid.
Default has occurred in the
payment of the debt evidenced
by the Note and secured by the
Security Deed as a result of the
nonpayment of the indebted
ness owed thereunder as and
when due. Accordingly, the
total balance of said debt has
been and is hereby declared
due and the Security Deed
foreclosable according to its
terms.
The debt remaining in
default, the Property will be
sold to the highest bidder for
cash, with the proceeds to be
applied to the payment of said
indebtedness, attorneys’ fees
(notice of intent to collect attor
neys’ fees having been given)
and the lawful expenses of
said sale, all as provided in the
Note and the Security Deed.
The Property will be sold “as
is, where is” without recourse
and without representation or
warranty, express or implied,
of any nature whatsoever with
respect thereto and subject to
(i) any and all unpaid taxes
and assessments, (ii) any mat
ters which would be disclosed
by an accurate survey or by an
inspection of the Property, (iii)
any and all zoning ordinances
affecting the Property, (iv) all
outstanding bills for public utili
ties which constitute liens upon
the Property, (v) all covenants,
restrictions, easements, liens,
encumbrances and other mat
ters of record, if any, which
are superior to the lien of the
Security Deed, and (vi) exist
ing easements for utilities and
road right-of-ways that cross
and/or serve the Property.
Lender reserves the right to
sell the real property portion of
the Property separately from
the personal property portion
of the Property and to take
separate bids therefor. Notice
of Lender’s intent to sell the
real property portion of the
Property separately from the
personal property portion of
the Property or in one sale
shall be given by announce
ment made at the commence
ment of the public sale.
The sale will be conducted
subject to (i) confirmation that
the sale is not prohibited under
the United States Bankruptcy
Code, and (ii) final confirma
tion and audit of the status
of the loan with Lender. To
the best of the undersigned
Lender’s knowledge and belief,
Borrower is now in the posses
sion of the Property.
WACHOVIA BANK,
NATIONAL ASSOCIATION as
Agent and Attorney-in-Fact for
RLR ASSOCIATES, INC.
Robert M. Trusty, Esq.
Seyfarth Shaw LLP
1545 Peachtree Street, N.E.
Suite 700
Atlanta, Georgia 30309
(404) 885-6708
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Exhibit A
ALL THAT TRACT OR
PARCEL OF LAND lying and
being in GMD 428 and 1691
of Jackson County, Georgia
and being more particularly
described as follows:
TO FIND THE TRUE POINT
OF BEGINNING, commence
at a point formed by the inter
section of the northeasterly
right-of-way line of Old U.S.
Highway 129 (100’ R/W) and
the easterly right-of-way line of
North Jackson Loop (40’ R/W);
thence southeasterly along the
northeasterly right-of-way line
of Old U.S. Highway 129 along
a curve to the right an arc dis
tance of 149.24 feet, said arc
having a radius of 2,345.89
feet and a chord which bears
South 50 degrees 13 minutes
20 seconds East, a distance of
149.21 feet to a point; thence
leaving said right-of-way line
and running North 59 degrees
44 minutes 07 seconds East, a
distance of 1,014.04 feet to a
right-of-way monument found
on the southwesterly right-of-
way line of U.S. Highway No.
129 / Georgia State Route
No. 11 (variable width right-
of-way); thence leaving said
right-of-way line and running
North 59 degrees 44 minutes
27 seconds East, a distance
of 230.49 feet to an iron pin set
on the northeasterly right-of-
way line of U.S. Highway No.
129 / Georgia State Route No.
11, said point being the TRUE
POINT OF BEGINNING;
from said TRUE POINT OF
BEGINNING, thence north
westerly along said right-of-
way along a curve to the right
an arc distance of 146.89 feet,
said arc having a radius of
5,741.46 feet and a chord
which bears North 54 degrees
28 minutes 52 seconds
West, a distance of 146.88
feet to a right-of-way monu
ment found; thence continu
ing along said right-of-way line
North 50 degrees 39 minutes
00 seconds West, a distance
of 488.22 feet to a right-of-
way monument found; thence
continuing along said right-of-
way line North 50 degrees 24
minutes 48 seconds West, a
distance of 623.48 feet to an
iron pin set; thence continu
ing along said right-of-way line
North 50 degrees 20 minutes
42 seconds West, a distance
of 210.43 feet to an iron pin
set; thence continuing along
said right-of-way line North
64 degrees 14 minutes 21
seconds West, a distance
of 382.64 feet to an iron pin
set; thence continuing along
said right-of-way line North
62 degrees 09 minutes 01
seconds West, a distance of
619.73 feet to a right-of-way
monument found; thence leav
ing said right-of-way line and
running North 00 degrees 53
minutes 10 seconds West, a
distance of 651.80 feet to a 1”
open top pipe found; thence
South 71 degrees 55 min
utes 21 seconds East, a dis
tance of 791.05 feet to a 1”
open top pipe found; thence
North 00 degrees 49 minutes
26 seconds West, a distance
of 316.30 feet to a 1” open
top pipe found; thence South
71 degrees 44 minutes 19
seconds East, a distance of
860.83 feet to a 3/4” open
top pipe found; thence North
55 degrees 57 minutes 27
seconds East, a distance of
893.34 feet to a 3/4” open
top pipe found; thence North
56 degrees 23 minutes 23
seconds East, a distance
of 451.70 feet to a 1 1/2”
open top pipe found; thence
North 45 degrees 34 minutes
59 seconds West, a distance
of 423.25 feet to a point in
the centerline of Allen Creek;
thence in a northeasterly,
southeasterly, southerly and
southwesterly direction along
the meanderings of the center-
line of Allen Creek a distance
of 4,094 feet, more or less, to
a point lying North 88 degrees
42 minutes 33 seconds East,
42.21 feet from a 3/4 inch
open top pipe found as shown
on said survey; thence leaving
the centerline of said creek
and running South 88 degrees
42 minutes 33 seconds West,
a distance of 832.41 feet to
a 3/4” open top pipe found;
thence South 55 degrees 08
minutes 21 seconds West, a
distance of 487.17 feet to a ?”
open top pipe found; thence
South 61 degrees 52 minutes
30 seconds West, a distance
of 233.86 feet to a ?” open
top pipe found; thence South
59 degrees 12 minutes 13
seconds West, a distance of
1,218.29 feet to a 1” open
top pipe found; thence South
59 degrees 12 minutes 13
seconds West, a distance of
38.15 feet to the POINT OF
BEGINNING.
Said tract containing 152.22
acres as shown on a Boundary
Survey prepared for REL
Properties, Inc., by H. Lanier
Dunn, Registered Surveyor,
dated August 20, 2004 (the
“Land”).
TOGETHER WITH (i) all
buildings and improvements
now or hereafter erected on the
Land, (ii) all fixtures, machin
ery, equipment and other arti
cles of real, personal or mixed
property attached to, situated
or installed in or upon, or used
in the operation or mainte
nance of, the Land or any
buildings or improvements sit
uated thereon, whether or not
such real, personal or mixed
property is or shall be affixed
to the Land; (iii) all building
materials, building machinery
and building equipment deliv
ered on site to the Land during
the course of, or in connection
with, any construction, repair
or renovation of the buildings
and improvements situated
or to be situated thereon; (iv)
all leases, licenses or occu
pancy agreements of all or
any part of the Land and all
extensions, renewals, and
modifications thereof, and any
options, rights of first refusal
or guarantees relating thereto;
all rents, income, revenues,
security deposits, issues, prof
its, awards and payments of
any kind payable under the
leases or otherwise arising
from the Land; (v) all con
tract rights, accounts receiv
able and general intangibles
relating to the Land or the
use, occupancy, maintenance,
construction, repair or opera
tion thereof; all management
agreements, franchise agree
ments, utility agreements and
deposits; all maps, plans, sur
veys and specifications; all
warranties and guaranties; all
permits, licenses and approv
als; and all insurance policies;
(vi) all estates, rights, tene
ments, hereditaments, privi
leges, easements and appur
tenances of any kind benefit
ing the Land; all means of
access to and from the Land,
whether public or private; and
all water and mineral rights;
and (vii) all “Proceeds” of any
of the above-described prop
erty, which term shall have
the meaning given to it in the
Uniform Commercial Code
of the State of Georgia (the
“UCC”), whether cash or non
cash, and including insurance
proceeds and condemnation
awards; and all replacements,
substitutions and accessions
thereof.
(MA10,17,24,31P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by SUSAN L.
DUKES to UNION PLANTERS
BANK, N.A. dated September
30, 2002, and recorded in
Deed Book 27-X, Page 246,
Jackson Cou-nty Records, said
Security Deed having been
last sold, assigned, transferred
and conveyed to EverBank, by
Assignment securing a Note in
the original principal amount
of $122,581.00, the holder
thereof pursuant to said Deed
and 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, 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
257th District, Jackson
County, Georgia, being Lot 22,
of Riverwood Subdivision, as
per plat recorded in Plat Book
57, Page 187, 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.
Said property is known
as 214 EdgeField Drive,
Commerce, GA 30529,
together with all fixtures and
personal property attached to
and constituting 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 Susan L.
Dukes, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Susan L. Dukes, and
the proceeds of said sale will
be applied to the payment of
said indebtedness and all the
expenses of said sale, includ
ing attorney’s fees, all as pro
vided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
EverBank as Attorney-in-
Fact for Susan L. Dukes
File no. 09-019505
SHAPIRO & SWER
TFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100_Atlanta, GA 30341-3941
(770)220-2535/SJ
www. s wertfeg er.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MA3,10,17,24,31B/1323-50T1P)
continued on following page