Newspaper Page Text
PAGE 22D
THE JACKSON HERALD
WEDNESDAY, MARCH 17, 2010
Public Notices Continued
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 payment
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 distributed as pro
vided 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. swe rtfeg er.net
*THE LAW FIRM IS ACTING
AS ADEBT 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 trans
ferred to U.S. Bank National
Association, as Trustee for TBW
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 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, 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 provided 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 attor
ney’s fees having been given).
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, 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 negoti
ate, amend, or modify the terms
of the mortgage instrument. 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 commonly known as 532
Rachel View Ct., Jefferson,
Georgia 30549. 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.
U.S. Bank National
Association, as Trustee for TBW
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 refer
ence and made a part of this
description. MR/ss3 4/6/10 Our
file no. 5671310 - FT1
(MA10,17,24,31B/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 LUCAOPREA,
(“Borrower”) to NBANK, N.A.,
(“Lender”) dated April 29,
2005, and recorded in Deed
Book 38-V, Page 775, Jackson
County Records conveying the
realty described on Exhibit “A”
attached hereto as collateral for
the debt in the principal amount
of $121,181.75 together with
all late fees and interest from
dates of execution at the rates
provided therein on the unpaid
balance; 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 recorded
in Plat Book 64, Pages 97-98,
in the Office of the Clerk of
the Superior Court for Jackson
County, Georgia, which record
ed plat is incorporated herein
by reference and made a part
of this description.
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
payable 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 assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, 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
secured by a Security 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 trans
ferred to GMAC Mortgage,
LLC by assignment, the under
signed, GMAC Mortgage, LLC
pursuant to said deed and
the note thereby secured, has
declared the entire amount of
said indebtedness due and pay
able 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 record
ed is hereby referenced 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 property.
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
provided 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.
(MA10,17,24,31B/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 Deed to Secure 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 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, 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 67,68,69,
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 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
December 12, 2005 executed
by Debtor to the order of Lender
in the original principal amount
of $954,450.00 (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 presently
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 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 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, 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 45,47,48,
49,50,52,53,54,55,56,57,58,59
,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 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
December 12, 2005 executed
by Debtor to the order of Lender
in the original principal amount
of $954,450.00 (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 presently
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 Deed to Secure 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 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, 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 23,26,27,2
8,29,30,32,34,35,37,38,40,41,4
2,43, 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 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
December 12, 2005 executed
by Debtor to the order of Lender
in the original principal amount
of $954,450.00 (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
continued on following page