Newspaper Page Text
WEDNESDAY, MARCH 17, 2010
THE JACKSON HERALD
PAGE 7D
Public Notices Continued
including attorney’s fees. Any
remaining proceeds will be
applied pursuant to said deed
and the laws of the State of
Georgia.
The undersigned will execute
a deed to the purchaser at
said sale as provided for in the
aforementioned deed to secure
debt. Said sale will divest all
the right, title and interest of the
maker thereof of said property
and shall vest said title in the
purchaser at said sale.
First American Bank & Trust
as successor in interest to First
Piedmont Bank As Attorney
in Fact for Kenneth McDaniel
Construction Co., Inc.
Wayne D. McLocklin
McLocklin & Murphy, LLP
Attorneys for First American
Bank & Trust
149 W. Athens Street
P. O. Box 766
Winder, Georgia 30680
(770) 867-7446
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
Georgia, Jackson County
Because of the default in the
payment of the indebtedness
secured by a Deed to Secure
Debt executed by KENNETH
MCDANIEL CONSTRUCTION
CO., INC. to FIRST PIEDMONT
BANK, dated August 16, 2007,
in the original principal amount
of TWO HUNDRED THIRTEEN
THOUSAND AND NO/100
($213,000.00) DOLLARS, and
recorded in Deed Book 49-V,
Pages 104-109, of the records
of the Clerk of the Superior
Court of Jackson County,
Georgia, the undersigned, pur
suant 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, 5000 Jackson
Parkway, Jefferson, Georgia,
sell at public outcry to the high
est bidder for cash the property
described in said deed, to-wit:
All that tract or parcel of
land lying and being in the
245th District G.M., State of
Georgia, County of Jackson,
being Lot 155 of Finch
Landing Subdivision, Phase
Four and being more particu
larly described and delineated
according to a plat and sur
vey prepared by Venable &
Associates, Inc., dated May
21, 2007, entitled “Final Plat
for Finch Landing Phase Four,”
said plat being of record in the
Office of the Clerk of Superior
Court for Jackson County,
Georgia in Plat Book 70, Pages
139 through 142; which said
plat and the recording thereof
are by reference hereto incor
porated herein for a more com
plete and detailed description.
Which has the property
address of 1558 Nightingale
Street, Jefferson, Jackson
County, Georgia, together with
all fixtures and other person
al property conveyed by said
deed.
The sale will be subject to any
unpaid taxes and other assess
ments which may be liens
against the property, including
but not limited to delinquent
charges for water, sewer and
sanitation services. Notice has
been given of the intention to
collect attorney’s fees in accor
dance with the terms of the
note and deed to secure debt.
Said property will be sold as the
property of Kenneth McDaniel
Construction Co., Inc. and the
proceeds will be applied to the
payment of said indebtedness,
the expenses and costs of sale,
including attorney’s fees. Any
remaining proceeds will be
applied pursuant to said deed
and the laws of the State of
Georgia.
The undersigned will execute
a deed to the purchaser at
said sale as provided for in the
aforementioned deed to secure
debt. Said sale will divest all
the right, title and interest of the
maker thereof of said property
and shall vest said title in the
purchaser at said sale.
First American Bank & Trust
as successor in interest to First
Piedmont Bank As Attorney
in Fact for Kenneth McDaniel
Construction Co., Inc.
Wayne D. McLocklin
McLocklin & Murphy, LLP
Attorneys for First American
Bank & Trust
149 W. Athens Street
P. O. Box 766
Winder, Georgia 30680
(770) 867-7446
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
Georgia Jackson County
Because of the default in
the payment of the indebted
ness secured by a Deed to
Secure Debt executed by
WILLIAM MCDANIEL and
NICHOLE MCDANIEL to
FIRST PIEDMONT BANK,
dated August 6, 2004, in the
original principal amount of
FIFTY-THREE THOUSAND
SEVEN HUNDRED FIFTY
AND NO/100 ($53,750.00)
DOLLARS, and recorded
in Deed Book 35-R, Page
439 assumed by KENNETH
W. MCDANIEL and TINA W.
MCDANIEL by Assumption
Agreement dated March 1,
2005 and recorded in Deed
Book 37-Y, page 281; Deed
to Secure Debt from Kenneth
W. McDaniel and Tina W.
McDaniel to FIRST PIEDMONT
BANK, dated July 6, 2007, in
the original principal amount of
FORTY-SEVEN THOUSAND
THREE HUNDRED FORTY-
NINE AND 59/100 ($47,349.59)
DOLLARS, and recorded in
Deed Book 49-J, Pages 429-
435, modified by modification
agreement filed and recorded
July 1, 2009 and recorded at
Deed Book 55-J, Pages 1-2,
of the records of the Clerk of
the Superior Court of Jackson
County, Georgia, the under
signed, pursuant to said deeds
and the note thereby secured
has declared the entire amount
of said indebtedness due and
payable and pursuant to the
power of sale contained in said
deed will on the first Tuesday
in April, 2010, during the legal
hours of sale at the Courthouse
door in Jackson County, 5000
Jackson Parkway, Jefferson,
Georgia, sell at public outcry
to the highest bidder for cash
the property described in said
deed, to-wit:
All that tract or parcel of land
lying and being in the 245th
District G.M., State of Georgia,
County of Jackson, being 3.228
acres and being more particu
larly described and delineated
according to a plat and survey
prepared by W. T. Dunahoo
and Associates, Inc., certified
by W. T. Dunahoo, Georgia
Registered Surveyor No. 1577,
dated December 13, 1993,
entitled “Survey for Mike Giles
and Carla Abshire,” said plat
being of record in the Office
of the Clerk of Superior Court
for Jackson County, Georgia in
Plat Book 42, Page 44; which
said plat and the recording
thereof are by reference hereto
incorporated herein for a more
complete and detailed descrip
tion.
Which has the property
address of 5450 Winder
Highway, Jefferson, Jackson
County, Georgia, together with
all fixtures and other person
al property conveyed by said
deed.
The sale will be subject to
any unpaid taxes and other
assessments which may be
liens against the property,
including but not limited to
delinquent charges for water,
sewer and sanitation services.
Notice has been given of the
intention to collect attorney’s
fees in accordance with the
terms of the note and deed to
secure debt. Said property
will be sold as the property of
Kenneth W. McDaniel and Tina
W. McDaniel and the proceeds
will be applied to the payment of
said indebtedness, the expens
es and costs of sale, including
attorney’s fees. Any remaining
proceeds will be applied pursu
ant to said deed and the laws of
the State of Georgia.
The undersigned will execute
a deed to the purchaser at
said sale as provided for in the
aforementioned deed to secure
debt. Said sale will divest all
the right, title and interest of the
maker thereof of said property
and shall vest said title in the
purchaser at said sale.
First American Bank & Trust
as successor in interest to First
Piedmont Bank As Attorney in
Fact for Kenneth W. McDaniel
and Tina W. McDaniel
Wayne D. McLocklin
McLocklin & Murphy, LLP
Attorneys for First American
Bank & Trust
149 W. Athens Street
P. O. Box 766
Winder, Georgia 30680
(770) 867-7446
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Under and by virtue of the
power of sale contained with
that certain Deed to Secure
Debt dated March 20, 2006,
from MICHAEL RIDER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., as nominee for
NATIONPOINT, A Division of
Nat. City Bank of IN, recorded
on April 3, 2006, in Deed Book
436 at Page 621, in the office of
the Clerk of the Superior Court
of Jackson County, Georgia,
and said Deed to Secure Debt
having been given to secure
a note dated March 20, 2006,
in the amount of $104,000.00,
said note being in default, the
undersigned will sell at public
outcry during the legal hours
of sale before the door of the
courthouse of Jackson County,
Georgia, on April 6, 2010, the
following described real prop
erty (hereinafter referred to as
the “Property”):
All that tract or parcel of land
lying and being in Talmo GMD
1691, Jackson County, Georgia,
being Lot 28, Silverlake
Subdivision, Phase Two, as
per plat recorded in Plat Book
54, Pages 241-245, Jackson
County, Georgia Records, said
plat being incorporated herein
and made reference hereto.
The debt secured by the
Security Deed and evidenced
by the note and has been, and
is hereby, declared due and
payable because of, among
other possible events of default,
failure to make the payments
as required by the terms of
the Note. The debt remain
ing is in default and this sale
will be made for the purposes
of paying the Deed to Secure
Debt, accrued interest, and all
expenses of the sale, includ
ing attorneys’ fees. Notice of
intention to collect attorneys’
fees has been given as pro
vided by law. To the best of the
undersigned’s knowledge, the
person(s) in possession of the
property is/are Michael Rider.
The property, being commonly
known as 4386 Rolling Ridge
Drive, Gillsville, GA 30543
in Jackson County, will be
sold as the property of Michael
Rider, subject to any outstand
ing ad valorem taxes (including
taxes which are a lien and not
yet due and payable), any mat
ters affecting title to the proper
ty which would be disclosed by
accurate survey and inspection
thereof, and all assessments,
liens, encumbrances, restric
tions, covenants, and matters
of record to the Security Deed.
Albertelli Law Attorney for
Deutsche Bank National Trust
Company, as Trustee for First
Franklin Mortgage Loan Trust
2006-FF9, Mortgage Pass-
Through Certificates, Series
2006-FF9 as Attorney in Fact
for Michael Rider
100 Galleria Parkway, Suite
960
Atlanta, GA 30339
Phone: (866)690-0418
James E. Albertelli, Esq.
For the Firm
THIS FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
JEA- 10-35633
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia County of Jackson
Under and by virtue of the
Power of Sale contained in that
certain Deed to Secure Debt
and Security Agreement from
STERLING LAKE BUILDERS,
LLC (“Debtor”) to BRANCH
BANKING AND TRUST
COMPANY (“Lender”) dated
August 25, 2006, recorded in
Deed Book 45-H, Page 784,
in the offices of the Clerk of
the Superior Court of Jackson
County, Georgia (the “Security
Deed”), the undersigned will
sell at public outcry before
the door of the Courthouse of
Jackson County, Georgia, dur
ing the legal hours of sale, on
the first Tuesday in April, 2010,
to the highest and best bidder
for cash the following property
described in said Security Deed
(collectively, the “Premises”), to
wit:
(a) All that certain tract or
parcel of land more particularly
described below (hereinafter
referred to as the “Land”);
All that tract or parcel of
land lying and being in the
245th District, Jackson County,
Georgia, being LOTS 36,39,78,
and 87, Sterling Lake at
Jefferson, as per plat recorded
in Plat Book 66, Pages 171-
174, Jackson County Records,
said plat being incorporated
herein by reference thereto.
(b) All buildings, structures
and other improvements of
every kind and nature whatso
ever now or hereafter situated
on the Land; and all machinery,
equipment, fixtures, applianc
es, and building, construction,
development and landscaping
supplies and materials now
or hereafter placed on or in
the Land; and all of the things
addressed in this paragraph
(b), whether generally or spe
cifically, shall be deemed to
be fixtures and accessions to
the freehold and a part of the
Land as between the parties
hereto and all persons claiming
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 courses, water
rights and powers, estates,
rights, titles, interests, miner
als, royalties, privileges, lib
erties, 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 here
after located thereon, or any
part thereof; and all the estate,
right, title, interest, claim and
demand whatsoever 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 interest
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 hereafter located thereon.
TO HAVE AND TO HOLD all
the Premises to the use, benefit
and behoof of Lender, its suc
cessors and assigns, IN FEE
SIMPLE forever.
The debt secured by the
Security Deed is evidenced
by a Promissory Note dated
August 25, 2006 executed by
Debtor to the order of Lender
in the original principal amount
of $1,903,050.00 (as modified
and/or amended from time to
time, the “Note”), plus inter
est from date on the unpaid
balance until paid, and other
indebtedness.
Default has occurred and
continues under the terms of
the Note and Security Deed
by reason of, among other
possible events of default, the
nonpayment when due of the
indebtedness evidenced by
the Note and secured by the
Security Deed and the failure
to comply with the terms and
conditions of the Note and
Security Deed. By reason of
this default, the Security Deed
has been declared foreclosable
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 col
lect attorneys’ fees having been
given. Said Premises will be
sold subject to any outstand
ing ad valorem taxes and/or
assessments (including taxes
which are a lien but are not
yet due and payable), possible
redemptive rights of the Internal
Revenue Service, if any, any
matters which might be dis
closed by an accurate survey
and inspection of the Premises,
and any assessments, liens,
encumbrances, zoning ordi
nances, restrictions, covenants,
and matters 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 hold
er of the Security Deed.
To the best of the under
signed’s knowledge and
belief, the Premises are pres
ently owned by Sterling Lake
Builders, LLC. To the best of
the undersigned’s knowledge
and belief, the parties in pos
session of the Premises are
Sterling Lake Builders, LLC and
tenants holding under Sterling
Lake Builders, LLC.
Branch Banking and Trust
Company, as Attorney-in-Fact
for Sterling Lake Builders, LLC.
Michael R. Wing
Greenberg Traurig, LLP
The Forum, Suite 400
3290 Northside Parkway,
N.W.
Atlanta, Georgia 30327
(678) 553-2675
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia County of Jackson
Under and by virtue of the
Power of Sale contained in that
certain Deed to Secure Debt
and Security Agreement from
STERLING LAKE BUILDERS,
LLC (“Debtor”) to BRANCH
BANKING AND TRUST
COMPANY (“Lender”) dated
February 5, 2007, recorded in
Deed Book 47-N, Page 85,
in the offices of the Clerk of
the Superior Court of Jackson
County, Georgia (the “Security
Deed”), the undersigned will
sell at public outcry before
the door of the Courthouse of
Jackson County, Georgia, dur
ing the legal hours of sale, on
the first Tuesday in April, 2010,
to the highest and best bidder
for cash the following property
described in said Security Deed
(collectively, the “Premises”), to
wit:
(a) All that certain tract or
parcel of land more particularly
described below (hereinafter
referred to as the “Land”);
All that tract or parcel of land
lying and being in the 245th
GMD, Jackson County, Georgia,
being Lot 13, Sterling Lake at
Jefferson, as per plat recorded
in Plat Book 66, Pages 171-
174, Jackson County Records,
said plat being incorporated
herein by reference thereto.
(b) All buildings, structures
and other improvements of
every kind and nature whatso
ever now or hereafter situated
on the Land; and all machinery,
equipment, fixtures, applianc
es, and building, construction,
development and landscaping
supplies and materials now
or hereafter placed on or in
the Land; and all of the things
addressed in this paragraph
(b), whether generally or spe
cifically, shall be deemed to
be fixtures and accessions to
the freehold and a part of the
Land as between the parties
hereto and all persons claiming
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 courses, water
rights and powers, estates,
rights, titles, interests, miner
als, royalties, privileges, lib
erties, 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 here
after located thereon, or any
part thereof; and all the estate,
right, title, interest, claim and
demand whatsoever 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 interest
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 hereafter located thereon.
TO HAVE AND TO HOLD all
the Premises to the use, benefit
and behoof of Lender, its suc
cessors and assigns, IN FEE
SIMPLE forever.
The debt secured by the
Security Deed is evidenced
by a Promissory Note dated
February 5, 2007 executed by
Debtor to the order of Lender in
the original principal amount of
$254,320.00 (as modified and/
or amended from time to time,
the “Note”), plus interest from
date on the unpaid balance
until paid, and other indebted
ness.
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 failure
to comply with the terms and
conditions of the Note and
Security Deed. By reason of
this default, the Security Deed
has been declared foreclosable
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 col
lect attorneys’ fees having been
given. Said Premises will be
sold subject to any outstand
ing ad valorem taxes and/or
assessments (including taxes
which are a lien but are not
yet due and payable), possible
redemptive rights of the Internal
Revenue Service, if any, any
matters which might be dis
closed by an accurate survey
and inspection of the Premises,
and any assessments, liens,
encumbrances, zoning ordi
nances, restrictions, covenants,
and matters 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 hold
er of the Security Deed.
To the best of the under
signed's knowledge and
belief, the Premises are pres
ently owned by Sterling Lake
Builders, LLC. To the best of
the undersigned’s knowledge
and belief, the parties in pos
session of the Premises are
Sterling Lake Builders, LLC and
tenants holding under Sterling
Lake Builders, LLC.
Branch Banking and Trust
Company, as Attorney-in-Fact
for Sterling Lake Builders, LLC.
Michael R. Wing
Greenberg Traurig, LLP
The Forum, Suite 400
3290 Northside Parkway,
N.W.
Atlanta, Georgia 30327
(678) 553-2675
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MA10,17,24,31P4)
gpn11
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia County of Jackson
Under and by virtue of the
Power of Sale contained in that
certain Deed to Secure Debt
and Security Agreement from
STERLING LAKE BUILDERS,
LLC (“Debtor”) to BRANCH
BANKING AND TRUST
COMPANY (“Lender”) dated
February 5, 2007, recorded in
Deed Book 47-N, Page 76,
in the offices of the Clerk of
the Superior Court of Jackson
County, Georgia (the “Security
Deed”), the undersigned will
sell at public outcry before
the door of the Courthouse of
Jackson County, Georgia, dur
ing the legal hours of sale, on
the first Tuesday in April, 2010,
to the highest and best bidder
for cash the following property
described in said Security Deed
(collectively, the “Premises”), to
wit:
(a) All that certain tract or
parcel of land more particularly
described below (hereinafter
referred to as the “Land”);
All that tract or parcel of land
lying and being in the 245th
GMD, Jackson County, Georgia,
being Lot 7, Sterling Lake at
Jefferson, as per plat recorded
in Plat Book 66, Pages 171-
174, Jackson County Records,
said plat being incorporated
herein by reference thereto.
(b) All buildings, structures
and other improvements of
every kind and nature whatso
ever now or hereafter situated
on the Land; and all machinery,
equipment, fixtures, applianc
es, and building, construction,
development and landscaping
supplies and materials now
or hereafter placed on or in
the Land; and all of the things
addressed in this paragraph
(b), whether generally or spe
cifically, shall be deemed to
be fixtures and accessions to
the freehold and a part of the
Land as between the parties
hereto and all persons claiming
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 courses, water
rights and powers, estates,
rights, titles, interests, miner
als, royalties, privileges, lib
erties, 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 here
after located thereon, or any
part thereof; and all the estate,
right, title, interest, claim and
demand whatsoever 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 interest
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 hereafter located thereon.
TO HAVE AND TO HOLD all
the Premises to the use, benefit
and behoof of Lender, its suc
cessors and assigns, IN FEE
SIMPLE forever.
The debt secured by the
Security Deed is evidenced
by a Promissory Note dated
February 5, 2007 executed by
Debtor to the order of Lender in
continued on following page