Newspaper Page Text
WEDNESDAY, MARCH 17, 2010
THE JACKSON HERALD
PAGE 23D
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 Debt and
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, 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
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 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
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, 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 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 follows:
TO ARRIVE AT THE TRUE
POINT OF BEGINNING, begin
at a point on the southwest
erly right of way line of Wehunt
Road (a 100 foot right of way)
which point is 2144.69 feet from
the intersection of the center-
line of Georgia Highway 332
with the southwesterly right of
way line of Wehunt Road (a
100 foot right of way) travelling
in a southerly direction 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 seconds 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, running
thence along the southwesterly
right of way line of Wehunt Road
(a 100 foot right of way) the fol
lowing courses and distances:
South 11 degrees 23 minutes
53 seconds 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 sec
onds 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 seconds west,
60.30 feet to a point; and South
04 degrees 17 minutes 23 sec
onds east, 35.41 feet to a point;
thence leaving said southwest
erly 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 sec
onds west, 181.83 feet to a
point; running thence North 86
degrees 19 minutes 00 seconds
west, 236.80 feet to a point;
South 19 degrees 49 minutes
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 sec
onds west, 873.68 feet to a
point; Running thence North
41 degrees 37 minutes 07 sec
onds west, 990.70 feet to a
point; Running thence North
47 degrees 35 minutes 39 sec
onds west, 1466.90 feet to a
point; Running thence North
83 degrees 20 minutes 54 sec
onds west, 586.96 feet to a
point; Running thence North
02 degrees 29 minutes 54 sec
onds east, 2150.72 feet to a
point; Running thence South
74 degrees 59 minutes 48 sec
onds east, 444.40 feet to a
point; Running thence South
06 degrees 08 minutes 33 sec
onds west, 469.74 feet to a
point; Running thence South
86 degrees 13 minutes 31 sec
onds east, 1545.79 feet to a
point; Running thence South
23 degrees 03 minutes 27 sec
onds east, 841.68 feet to a
point; Running thence South
77 degrees 39 minutes 28 sec
onds east, 272.36 feet to a
point; Running thence South
05 degrees 27 minutes 13 sec
onds west, 360.75 feet to a
point; Running thence South
78 degrees 01 minutes 07 sec
onds 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 incorporated herein by refer
ence and made a part of this
description.
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 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 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 here
after places or causes to be
placed in or on the said build
ings; gas and electric fixtures,
radiators, heaters, furnaces,
heating equipment, steam and
hot water boilers, hot water
heaters, stoves, ranges and
ovens, refrigerators, refriger
ating plants, air conditioning
equipment, elevators, 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 furniture, furnishings
and equipment placed in and
about the said buildings for use
therein which are necessary
to the complete and comfort
able 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 suc
cessors 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 deliv
ered 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 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 property 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 property,
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.
The Premises may be
sold as an entirety or in sep
arate 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
personalty and not an interest
in real estate (the “Personal
Property”), in which case sepa
rate 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 separately 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
signed’s knowledge and belief,
the real property is presently
owned by Cambridge Farms
Development, LLC. To the
best of the undersigned’s
knowledge and belief, the
party in possession of the real
property is Cambridge Farms
Development, LLC and ten
ants holding under Cambridge
Farms Development, LLC.
Regions Bank, as Attorney-
in-Fact for Cambridge Farms
Development, LLC.
Michael R. Wing
Greenberg Traurig, LLP
The Forum
3290 Northside Parkway,
N.W., Suite 400
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.
(MA 10,17,24,31P4)
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
December 12, 2005, recorded
in Deed Book 41-W, Page 66,
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 Lot 88, 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 $2,070,000.00 (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
State of Georgia, County of Jackson
Under and by virtue of the
power of sale contained with
that certain Deed to Secure
Debt dated February 16,
2005, from AMY WALLACE
and MCARTHUR WALLACE
to ARGENT MORTGAGE
COMPANY, LLC, recorded on
March 9, 2005, in Deed Book
37-Z at Page 87, 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 February 16, 2005,
in the amount of $132,300.00,
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 land lot of
the 257th District, Jackson
County, Georgia, being Lot 28,
Riverwood Subdivision, as per
plat recorded in Plat Book 57,
Page 187, Jackson County,
Georgia Records, which
recorded plat is incorporated
herein by this reference and
made a part of this description.
Said property being known as
64 Edgefield Drive according to
continued on following page