Newspaper Page Text
WEDNESDAY, MARCH 17, 2010
THE JACKSON HERALD
PAGE 25D
Public Notices Continued
said Note on the unpaid bal
ance 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 indebt
edness, attorneys’ fees (notice
of intent to collect attorneys’
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 war
ranty, express or implied, of
any nature whatsoever with
respect thereto and subject to
(i) any and all unpaid taxes and
assessments, (ii) any matters
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) existing
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 there
for. 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 confirmation
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 possession 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 sec
onds 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 con
tinuing along said right-of-way
line North 50 degrees 24 min
utes 48 seconds West, a dis
tance of 623.48 feet to an iron
pin set; thence continuing along
said right-of-way line North 50
degrees 20 minutes 42 sec
onds 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 continu
ing 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 minutes
21 seconds East, a distance
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 sec
onds 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 northeaster
ly, 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, machinery,
equipment and other articles of
real, personal or mixed prop
erty attached to, situated or
installed in or upon, or used in
the operation or maintenance
of, the Land or any buildings or
improvements situated there
on, 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 equip
ment delivered on site to the
Land during the course of, or
in connection with, any con
struction, repair or renovation
of the buildings and improve
ments situated or to be situated
thereon; (iv) all leases, licenses
or occupancy 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 contract
rights, accounts receivable and
general intangibles relating to
the Land or the use, occu
pancy, maintenance, construc
tion, repair or operation thereof;
all management agreements,
franchise agreements, util
ity agreements and deposits;
all maps, plans, surveys and
specifications; all warranties
and guaranties; all permits,
licenses and approvals; and
all insurance policies; (vi) all
estates, rights, tenements, her
editaments, privileges, ease
ments and appurtenances of
any kind benefiting the Land;
all means of access to and from
the Land, whether public or pri
vate; and all water and mineral
rights; and (vii) all “Proceeds”
of any of the above-described
property, 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)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the
payment of the indebtedness
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 pay
able 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 pub
lic 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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 infor
mation, knowledge and belief
of the undersigned, being pres
ently in the possession 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, including attorney’s fees,
all as provided in said Deed,
and the balance, if any, will be
distributed 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. swe rtfeg er.net
*THE LAW FIRM IS ACTING
AS ADEBT COLLECTOR. ANY
INFORMATION
OBTAINED
WILL BE USED
FOR THAT
PURPOSE.
(MA3,10,17,24,31B/1323-50T1P)
Gpnl6
Public Notice
The Braselton Mayor and
Council will hold a Public
Hearing on Thursday, April 8,
2010 at 4 p.m. on the following
items:
1. Case# 10-100-RZ
Application for annexation
and re-zoning from Halvorsen
Development Corporation on
property owned by them locat
ed on S.R. 211 and identified as
a portion of Barrow County Tax
Parcels XX021-005 & XX021-
006. The total size of the tracts
requesting annexation and re
zoning is approximately 34.5
acres. The property is currently
zoned AG in unincorporated
Barrow County. The applicant
requests a zoning of PUD
(Planned Unit Development)
upon annexation. The applicant
proposes to add the subject
property to an existing PUD
commercial development in the
Town of Braselton.
All Braselton Mayor and
Council Public Hearings are at
the following location:
Braselton Police and
Municipal Court Building
5040 S.R. 53
Braselton, GA30517
For more information on this
agenda and on how to view the
application materials, please
contact Kevin Keller at 706-654-
3915, Ext. 1006, or by e-mail at
kdkeller@braselton.net.
(MA17B/171-20)
gpn06
Inc. Notice
Notice is given that Articles of
Incorporation which will incor
porate PULLIAM MOWERS,
INC. have been delivered to
the Secretary of State for filing
in accordance with the Georgia
Business Corporation Code.
The initial registered office
of the corporation is located
at 2034 North Broad Street,
Commerce, Georgia 30529,
and its initial registered agent at
such address is Cory Pulliam.
Daniel J. Moore
Attorney for Incorporator
Daniel J. Moore, PC.
532 E. Howell Street
PO. Box 861
Hartwell, GA 30643
(MA17,24P2)
Gpn07
Worsham Estate
Notice to Debtors and Creditors
In Re Estate of: Joesph M.
Worsham, Sr.
All creditors of the Estate
of JOSEPH M. WORSHAM,
SR., late of Jackson County,
deceased, are hereby notified
to render in their demands to
the undersigned according to
law, and all persons indebted
to law, and all persons indebted
to said estate are required to
make immediate payment.
This 9th day of March, 2010.
Joray Lockridge
Personal Representative
160 Tom White Road
Braselton, GA30517
Attorney: John L. Welsh II
PO. B ox 986
Lawrenceville, GA 30046
(404) 317-8588
(MA17,24,31,AP7P4i
Gpn07
Walker Estate
Notice to Debtors and Creditors
All creditors of the Estate
of BETTY L. WALKER, late
of Jackson County, deceased,
are hereby notified to render
in their demands to the under
signed according to law, and all
persons indebted to law, and all
persons indebted to said estate
are required to make immedi
ate payment.
This 9th day of March, 2010.
Vera K. Bonds
1299 Oak Grove Rd.
Athens, GA 30607
(MA17,24,31,AP7P4i
Gpn07
Elrod Estate
Notice to Debtors and Creditors
All creditors of the Estate of
DORISANNIE MONTGOMERY
ELROD, late of Jackson County,
deceased, are hereby notified
to render in their demands to
the undersigned according to
law, and all persons indebted
to law, and all persons indebted
to said estate are required to
make immediate payment.
This 8th day of March, 2010.
Luther Frary Elrod III
324 Deerfield Circle
Mount Airy, GA 30563
Ronald K. Hopkins, Attorney
PO. Box 429
Jefferson, GA 30549
(MA17,24,31,AP7P4i
Gpn07
Wilkins Estate
Notice to Debtors and Creditors
All creditors of the Estate of
HOYT EUGENE WILKINS, late
of Jackson County, deceased,
are hereby notified to render
in their demands to the under
signed according to law, and all
persons indebted to law, and all
persons indebted to said estate
are required to make immedi
ate payment.
This 8th day of March, 2010.
Sara Charlene Wilkins
1155 Ward Rd.
Hoschton, GA 30548
(MA17,24,31,AP7P4i
Gpn07
Watson Estate
Notice to Debtors and Creditors
All creditors of the Estate
of KATIE LEE WATSON, late
of Jackson County, deceased,
are hereby notified to render
in their demands to the under
signed according to law, and all
persons indebted to law, and all
persons indebted to said estate
are required to make immedi
ate payment.
This 25 day of February,
2010.
Buddy Gene Johnson
348 Stone View Drive
Hoschton, GA 30548
Debra K. Greeson, Attorney
503 S. Hill St.
Buford, GA 30518
(MA17,24,31,AP7P4i
Gpn07
Webb Estate
Notice to Debtors and Creditors
All creditors of the Estate of
GEORGE OWEN WEBB, late
of Jackson County, deceased,
are hereby notified to render
in their demands to the under
signed according to law, and all
persons indebted to law, and all
persons indebted to said estate
are required to make immedi
ate payment.
This 25 day of February,
2010.
Thelma J. Stephens
941 Sosebee Rd.
Talmo, GA 30575
J. Kevin Tharpe, Attorney
(MA17,24,31,AP7P4i
GpnlO
Notice of Intent
to Dissolve
Notice is given that a
Notice of Intent to Dissolve
CORNERSTONE DENTAL
PRODUCTS, INC., a Georgia
Corporation with its registered
office located at 1320 Platinum
Drive, Hoschton, Georgia
30548, has been delivered to
the Secretary of State for filing
in accordance with the Georgia
Business Corporation Code.
(MA17,24P2)
gpn06
Trade Name
Trade Name Registration
Book “B”, Page 500
State of New York
County of Westchester
Application to Register a Business
to be Conducted under
Trade Name, Partnership or Others
The undersigned does hereby
certify that JAG FOOTWEAR,
ACCESSORIES AND RETAIL
CORPORATION is conducting
a business at Tanger Outlets in
the City of Commerce, County
of Jackson, in the State of
Georgia, under the name of
NINE WEST OUTLET and that
the nature of the business is
retail sale of apparel, footwear
and accessories and that the
names and addresses of the
persons, firms or partnership
owning and carrying on said
trade or business are:
JAG Footwear, Accessories
and Retail Corporation (for
merly known as Jones Retail
Corporation), a New Jersey cor
poration qualified in Georgia on
5/21/1992, 1129 Westchester
Avenue, White Plains, NY
10604 (Westchester County)
By: Beth Barban Dorfsman
Vice President & Asst. Secy
Subscribed and sworn
to before me this 5th day of
January, 2010.
By: Jarita D. Whitfield
Notary Public, State of New
York
Filed in office, this 9th day of
February, 2010.
Camie W. Thomas
ClerkSuperiorCourt, Jackson
County, GA
(MA17,24P2)
gpn06
Trade Name
Trade Name Registration
Book “B”, Page 502
State of New York
County of Westchester
Application to Register a Business
to be Conducted under Trade Name,
Partnership or Others
The undersigned does hereby
certify that JAG FOOTWEAR,
ACCESSORIES AND RETAIL
CORPORATION is conducting
a business at Tanger Outlets in
the City of Commerce, County
of Jackson, in the State of
Georgia, under the name of
JONES NEW YORK and that
the nature of the business is
retail sale of apparel, footwear
and accessories and that the
names and addresses of the
persons, firms or partnership
owning and carrying on said
trade or business are:
JAG Footwear, Accessories
and Retail Corporation (for
merly known as Jones Retail
Corporation), a New Jersey cor
poration qualified in Georgia on
5/21/1992, 1129 Westchester
Avenue, White Plains, NY
10604 (Westchester County)
By: Beth Barban Dorfsman
Vice President & Asst. Secy
Subscribed and sworn
to before me this 5th day of
January, 2010.
By: Jarita D. Whitfield
Notary Public, State of New
York
Filed in office, this 9th day of
February, 2010.
Camie W. Thomas
ClerkSuperiorCourt, Jackson
County, GA
(MA17,24P2)
gpn06
Trade Name
Trade Name Registration
Book “B”, Page 503
State of New York
County of Westchester
Application to Register a Business
to be Conducted under Trade Name,
Partnership or Others
The undersigned does hereby
certify that JAG FOOTWEAR,
ACCESSORIES AND RETAIL
CORPORATION is conducting
a business at Tanger Outlets in
the City of Commerce, County
of Jackson, in the State of
Georgia, under the name of
EASY SPIRIT OUTLET and
that the nature of the busi
ness is retail sale of apparel,
footwear and accessories and
that the names and addresses
of the persons, firms or partner
ship owning and carrying on
said trade or business are:
JAG Footwear, Accessories
and Retail Corporation (for
merly known as Jones Retail
Corporation), a New Jersey cor
poration qualified in Georgia on
5/21/1992, 1129 Westchester
Avenue, White Plains, NY
10604 (Westchester County)
By: Beth Barban Dorfsman
Vice President & Asst. Secy
Subscribed and sworn
to before me this 5th day of
January, 2010.
By: Jarita D. Whitfield
Notary Public, State of New
York
Filed in office, this 9th day of
February, 2010.
Camie W. Thomas
ClerkSuperiorCourt, Jackson
County, GA
(MA17,24P2)
gpn06
Trade Name
Trade Name Registration
Book “B”, Page 501
State of New York
County of Westchester
Application to Register a Business
to be Conducted under Trade Name,
Partnership or Others
The undersigned does hereby
certify that JAG FOOTWEAR,
ACCESSORIES AND RETAIL
CORPORATION is conducting
a business at Tanger Outlets in
the City of Commerce, County
of Jackson, in the State of
Georgia, under the name of
KASPER and that the nature
of the business is retail sale of
apparel, footwear and acces
sories and that the names and
addresses of the persons, firms
or partnership owning and car
rying on said trade or business
are:
JAG Footwear, Accessories
and Retail Corporation (for
merly known as Jones Retail
Corporation), a New Jersey cor
poration qualified in Georgia on
5/21/1992, 1129 Westchester
Avenue, White Plains, NY
10604 (Westchester County)
By: Beth Barban Dorfsman
Vice President & Asst. Secy
Subscribed and sworn
to before me this 5th day of
January, 2010.
By: Jarita D. Whitfield
Notary Public, State of New
York
Filed in office, this 9th day of
February, 2010.
Camie W. Thomas
ClerkSuperiorCourt, Jackson
County, GA
(MA17,24P2)
gpn06
Trade Name
Trade Name Registration
Notice is given that R.T.
Wilburn, LLC has filed an appli
cation to register a business
to be conducted under a trade
name, partnership or others with
the Jackson County Superior
Court on February 22, 2010,
the same filed in Trade Name
Registration Book B, Page 507,
R.T. WILBURN, LLC, is con
ducting a business as SUBWAY
in the City of Braselton, County
of Jackson, State of Georgia,
and the nature of the business
is a retail sandwich shop and
the name and address of the
entity owning and carrying on
said business is R.T. Wilburn,
LLC, P.O. Box 48, Gainesville,
GA 30503.
(MA17,24P2)
Gpn 10
Notice
of Summons
In the Superior Court of Jackson County
State of Georgia
In the Interest of: Jonathan
Matthew Beserman
Sex: Male
Age: 16
DOB: April 29, 1993
Jolanta Beserman Stokovich,
Mother
Robert Stephanski, Putative
Father or in the alternative, an
unknown putative father
TO WHOM IT MAY
CONCERN, ROBERT
STEPHANSKI putative
father, or in the alternative an
unknown putative father and
any other person claiming to
have a parental interest in
this child. The mother of the
child is JOLANTA BESERMAN
STOKOVICH.
YOU ARE FURTHER
NOTI FI ED that the above-styled
action seeking the termination
of the parental rights of the
parents of the above-named
child was filed against you in
the Superior Court of Jackson
County on or about the 17th
day of February, 2010, and that
by reason of an order for ser
vice by publication entered by
the Court on or about the 18th
day of February, 2010;
YOU ARE HEREBY
COMMANDED AND
REQUIRED TO APPEAR
BEFORE THE SUPERIOR
COURT OF JACKSON
COUNTY, GEORGIA, ON THE
13th DAY OF APRIL, 2010, AT
9:00 O’CLOCK A. M.
YOU ARE FURTHER
NOTIFIED that the hearing is
for the purpose of determining
whether or not said parental
rights should be terminated and
the effect of a termination of the
parental rights order is without
limit as to duration and termi
nates all of the parent’s rights
and obligations to the child
and all rights and obligations
of the child to the parent arising
from the parental relationship,
including rights of inheritance.
The parent is not thereafter
entitled to notice of proceed
ings for the adoption of the child
by another, nor has the parent
any right to object to the adop
tion or otherwise participate in
the proceedings related to the
adoption and/or the placement
continued on following page