Newspaper Page Text
WEDNESDAY, MAY 12, 2010
THE JACKSON HERALD
PAGE 11C
Public Notices Continued
due and in the manner pro
vided 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 attorney’s fees hav
ing been given). Said prop
erty will be sold subject to any
outstanding ad valorem taxes
(including taxes which are a
lien, but not yet due and pay
able), any matters which might
be disclosed by an accurate
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 entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: PHH
Mortgage Corporation, Mailstop
SV01, 2001 Leadenhall Rd,
Mount Laurel, NJ 08054, 800-
750-2518. Please understand
that the secured creditor is not
required by law to negotiate,
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
Sarith Phai and Kena M. Meas
or a tenant or tenants and said
property is more commonly
known as 70 Feldspar Drive,
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.
PHH Mortgage Corporation
as Attorney in Fact for Sarith
Phai and Kena M. Meas
McCalla Raymer, LLC 1544
Old Alabama Road Roswell,
Georgia 30076 www.foreclo-
surehotline.net MR/mhd 6/1/10
Our file no. 51537009-FT1
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
242nd District, G.M., Jackson
County, Georgia, being Lot 2
Block D, Unit Two of Redstone
Subdivision and more particu
larly described and delineat
ed according to a plat and
survey entitled “Final Plan
for Redstone-Unit Two” pre
pared by W.T. Dunahoo and
Associates, certified by W.T.
Dunahoo, Georgia Registered
Land Surveyor No. 1577,
recorded on February 11,
2005 in Plat Book 64, Page
195, Jackson County, Georgia
Records; which plat and the
recording thereof are hereby
incorporated herein by ref
erence for a more detailed
description of the property.
(MYS, 12,19,26B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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
LANCE D. PHILLIPS and
STACEY B. PHILLIPS to Fifth
Third Mortgage Company,
dated January 2, 2007, record
ed in Deed Book 47-E, Page
277, Jackson County, Georgia
Records, as last transferred to
Fifth Third Mortgage Company
by assignment to be record
ed 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 TWO HUNDRED NINETY-
TWO THOUSAND AND 0/100
DOLLARS ($292,000.00), with
interest thereon as set forth
therein, there will be sold at
public outcry to the highest bid
der for cash before the court
house door of Jackson County,
Georgia within the legal hours
of sale on the first Tuesday
in June, 2010, the following
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 pro
vided 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 attorney’s fees hav
ing been given). Said prop
erty will be sold subject to any
outstanding ad valorem taxes
(including taxes which are a
lien, but not yet due and pay
able), any matters which might
be disclosed by an accurate
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 entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Fifth Third Bank, Mail Drop
1MOC20, 5050 Kingsley Drive,
Cincinnati, OH 45263, 800-
375-1745opt3. Please under
stand that the secured creditor
is not required by law to nego
tiate, amend, or modify the
terms of the mortgage instru
ment. To the best knowledge
and belief of the undersigned,
the party in possession of the
property is Lance D. Phillips
and Stacey B. Phillips or a ten
ant or tenants and said prop
erty is more commonly known
as 54 Jefferson Boulevard,
Jefferson, Georgia 30546.
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.
Fifth Third Mortgage
Company as Attorney in Fact
for Lance D. Phillips and Stacey
B. Phillips
McCalla Raymer, LLC 1544
Old Alabama Road Roswell,
Georgia 30076 www.foreclo-
surehotline.net MR/wa2 6/1/10
Our file no. 5720010-FT7
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
245 G.M.D., Jackson County,
Georgia designated as Lot
22, as shown on final plat for
The Heritage at Jefferson,
dated September 13, 1999,
by Venable & Associates, Inc.
Surveyors, and recorded in the
Office of the clerk of Superior
court of Jackson County,
Georgia, in Plat Book 54, at
Page 151. For a more detailed
description to said tract, refer
ence is hereby made to said
plat as recorded. Subject to all
existing easements and rights
of way for public roads and
utilities now in use. Also subject
to Restrictive Covenants for
The Heritage at Jefferson as
recorded in Deed Book 20-V,
at Pages 191-195, Jackson
County Records.
(MY5,12,19,26B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under power
State of Georgia, County of Jackson
By virtue of the Power of
Sale contained in that cer
tain Construction Deed to
Secure Debt and Security
Agreement from JPL HOMES,
INC. (“Grantor”) to BRANCH
BANKING AND TRUST
COMPANY, as Assignee of
the Federal Deposit Insurance
Corporation, as Receiver for
Colonial Bank (the assign
ment to Branch Banking and
Trust Company having been
recorded in the real estate
records of Jackson County
in Deed Book 0056-N, Page
0339-0343, in the offices of
the Clerk of the Superior Court
of Jackson County, Georgia)
(“Grantee”) dated May 19,
2005, and recorded in Deed
Book 38-X, Pages 235-
239, aforesaid Records (the
“Security Deed”), conveying
the after-described property to
secure a Non-Consumer Real
Estate Note in the principal
amount of One Hundred Ninety
One Thousand Nine Hundred
Twenty ($191,920.00) Dollars,
with interest thereon as set
forth therein and all modifica
tions thereto (the “Note”), the
undersigned, pursuant to said
Security Deed has declared the
entire amount of said indebted
ness due and payable because
of default in the payment of
said indebtedness. Further,
pursuant to that Power of Sale,
the undersigned will, on the
first Tuesday in June, 2010
during the legal hours of sale
before the courthouse door in
Jackson County, Georgia, sell
at public outcry to the highest
bidder, for cash, the follow
ing property described in said
Security Deed, to wit:
All that tract or parcel of land,
together with all improvements
thereon, situate, lying and being
in the 255th G. M. D., Jackson
County, Georgia, being desig
nated as Lot 24 in Ridge Mill
Manor Subdivision, shown on
a plat recorded in Plat Book
62, Page 175, Jackson County
Records, which plat and record
are by reference incorporated
herein (“Land”).
Together with all buildings,
structures and improvements
of every nature whatsoever
now or hereafter situated on
the Land, and all fixtures and
building, construction, and
landscaping supplies and
materials of any kind whatso
ever, and equipment, machin
ery and appliances of every
kind and nature whatsoever
now or hereafter located in or
on the Land or to be used on
or in connection with the Land,
including, but not limited to, all
gas, electric, solar, oil burning
and wood burning apparatus
es, ranges and other cook
ing apparatuses, dishwashers,
trash compactors, disposals,
refrigerators, freezers, bath
room fixtures and equipment,
plumbing and heating fixtures,
carpeting and other floor cov
erings, curtains and draperies
and related equipment, wash
ers, dryers, water heaters, ele
vators and motors, chandeliers
and all other ceiling, wall and
exterior lighting devices, mir
rors, mantels, air conditioning
apparatus (including humidity
control equipment) attic and
ceiling fans, window screens
and screen doors, awnings
and storm windows and doors,
alarm devices of all types,
garage door openers, sprinkler
systems, central vacuum sys
tems, cabinets and shelving,
paneling and wall coverings, all
of which are hereby declared
and shall be deemed fixtures
and accessions to the free
hold and a part of the Land as
between the parties hereto and
all persons claiming by, through
or under them, and which shall
be deemed to be a portion of
the security for the indebted
ness herein described.
Together with all easements,
rights-of-way, strips and gores
of land, streets, ways, alleys,
passages, sewer rights, waters,
water courses, water rights and
powers, and all estates, rights,
titles, interests, minerals, roy
alties, easements, privileges,
liberties, hereditaments and
appurtenances whatsoever, in
any way belonging, relating or
appertaining to the Premises or
any part thereof, or which here
after shall in any way belong,
relate or be appurtenant there
to, whether now owned or here
after acquired by Grantor and
the reversion and reversions,
remainder and remainders, the
rents, issues, profits and rev
enues of the Premises from
time to time accruing (including
without limitation all payments
under leases or tenancies, pro
ceeds of insurance, condemna
tion payments, tenant security
deposits and escrow funds),
and all the estate, right, title,
interest, property, possession,
claim and demand whatsoever
at law, as well as in equity,
of Grantor of, in and to the
same; reserving only the right
to Grantor to collect the same
so long as Grantor is not in
default hereunder (hereinafter
referred to as “Property”).
The above-referenced
Property will be sold subject
to the following: all, if any,
outstanding ad valorem taxes
and/or assessments; all, if any,
other prior liens, easements,
covenants, restrictions, encum
brances, zoning ordinances or
other matters of record to which
the Security Deed is junior in
priority; and all, if any, matters
affecting said Property which
would be disclosed by an accu
rate survey and inspection of
said Property. Said Property
will be sold as the property
of JPL Homes, Inc. and the
proceeds will be applied to
the payment of the described
indebtedness, attorney’s fees,
and all expenses of this sale.
Any remaining or surplus pro
ceeds will be applied pursuant
to the Security Deed and pur
suant to the laws of the State
of Georgia.
The above-referenced
Property will be sold on an
“as is, where is” basis without
recourse against Grantee and
without representation or war
ranty of any kind or nature
whatsoever by Grantee with
respect thereto.
To the best of the under
signed’s knowledge and belief,
the Property is presently owned
by JPL Homes, Inc. who is the
party in possession or a tenant
or tenants.
Branch Banking and Trust
Company as Assignee of the
Federal Deposit Insurance
Corporation as Receiver for
Colonial Bank, as attorney-in-
fact for JPL Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, PC.
One Premier Plaza
5605 Glenridge Drive, Suite
690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MY5,12,19,26)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
By virtue of the Power of
Sale contained in that cer
tain Construction Deed to
Secure Debt and Security
Agreement from JPL HOMES,
INC. (“Grantor”) to BRANCH
BANKING AND TRUST
COMPANY, as Assignee of
the Federal Deposit Insurance
Corporation, as Receiver for
Colonial Bank (the assignment
to Branch Banking and Trust
Company having been record
ed in the real estate records of
Jackson County in Deed Book
0056-N, Page 0339-0343, in
the offices of the Clerk of the
Superior Court of Jackson
County, Georgia) (“Grantee”)
dated May 7, 2008, and
recorded in Deed Book 0052-
L, Pages 0041-0049, aforesaid
Records (the “Security Deed”),
conveying the after-described
property to secure a Non-
Consumer Real Estate Note
in the principal amount of Two
Hundred Fifteen Thousand
Two Hundred ($215,200.00)
Dollars, with interest thereon
as set forth therein and all
modifications thereto (the
“Note”), the undersigned, pur
suant to said Security Deed
has declared the entire amount
of said indebtedness due and
payable because of default in
the payment of said indebt
edness. Further, pursuant to
that Power of Sale, the under
signed will, on the first Tuesday
in June, 2010 during the legal
hours of sale before the court
house door in Jackson County,
Georgia, sell at public outcry to
the highest bidder, for cash, the
following property described in
said Security Deed, to wit:
All that tract or parcel of
land lying and being in the
255th District, G. M., Jackson
County, Georgia, being Lot 23,
Phase 1 of Ridge Mill Manor
Subdivision, as per plat there
of recorded in Plat Book 62,
Page 175, in the Office of the
Clerk of the Superior Court
for Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description (“Land”).
Together with all buildings,
structures and improvements
of every nature whatsoever
now or hereafter situated on
the Land, and all fixtures and
building, construction, and
landscaping supplies and
materials of any kind whatso
ever, and equipment, machin
ery and appliances of every
kind and nature whatsoever
now or hereafter located in or
on the Land or to be used on
or in connection with the Land,
including, but not limited to, all
gas, electric, solar, oil burning
and wood burning apparatus
es, ranges and other cook
ing apparatuses, dishwashers,
trash compactors, disposals,
refrigerators, freezers, bath
room fixtures and equipment,
plumbing and heating fixtures,
carpeting and other floor cov
erings, curtains and draperies
and related equipment, wash
ers, dryers, water heaters, ele
vators and motors, chandeliers
and all other ceiling, wall and
exterior lighting devices, mir
rors, mantels, air conditioning
apparatus (including humidity
control equipment) attic and
ceiling fans, window screens
and screen doors, awnings
and storm windows and doors,
alarm devices of all types,
garage door openers, sprinkler
systems, central vacuum sys
tems, cabinets and shelving,
paneling and wall coverings, all
of which are hereby declared
and shall be deemed fixtures
and accessions to the free
hold and a part of the Land as
between the parties hereto and
all persons claiming by, through
or under them, and which shall
be deemed to be a portion of
the security for the indebted
ness herein described.
Together with all easements,
rights-of-way, strips and gores
of land, streets, ways, alleys,
passages, sewer rights, waters,
water courses, water rights and
powers, and all estates, rights,
titles, interests, minerals, roy
alties, easements, privileges,
liberties, hereditaments and
appurtenances whatsoever, in
any way belonging, relating or
appertaining to the Premises or
any part thereof, or which here
after shall in any way belong,
relate or be appurtenant there
to, whether now owned or here
after acquired by Grantor and
the reversion and reversions,
remainder and remainders, the
rents, issues, profits and rev
enues of the Premises from
time to time accruing (including
without limitation all payments
under leases or tenancies, pro
ceeds of insurance, condemna
tion payments, tenant security
deposits and escrow funds),
and all the estate, right, title,
interest, property, possession,
claim and demand whatsoever
at law, as well as in equity,
of Grantor of, in and to the
same; reserving only the right
to Grantor to collect the same
so long as Grantor is not in
default hereunder (hereinafter
referred to as “Property”).
The above-referenced
Property will be sold subject
to the following: all, if any,
outstanding ad valorem taxes
and/or assessments; all, if any,
other prior liens, easements,
covenants, restrictions, encum
brances, zoning ordinances or
other matters of record to which
the Security Deed is junior in
priority; and all, if any, matters
affecting said Property which
would be disclosed by an accu
rate survey and inspection of
said Property. Said Property
will be sold as the property
of JPL Homes, Inc. and the
proceeds will be applied to
the payment of the described
indebtedness, attorney’s fees,
and all expenses of this sale.
Any remaining or surplus pro
ceeds will be applied pursuant
to the Security Deed and pur
suant to the laws of the State
of Georgia.
The above-referenced
Property will be sold on an
“as is, where is” basis without
recourse against Grantee and
without representation or war
ranty of any kind or nature
whatsoever by Grantee with
respect thereto.
To the best of the under
signed’s knowledge and belief,
the Property is presently owned
by JPL Homes, Inc. who is the
party in possession or a tenant
or tenants.
Branch Banking and Trust
Company as Assignee of the
Federal Deposit Insurance
Corporation as Receiver for
Colonial Bank, as attorney-in-
fact for JPL Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, PC
One Premier Plaza
5605 Glenridge Drive, Suite
690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MY5,12,19,26P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
By virtue of the Power of
Sale contained in that cer
tain Construction Deed to
Secure Debt and Security
Agreement from JPL HOMES,
INC. (“Grantor”) to BRANCH
BANKING AND TRUST
COMPANY, as Assignee of
the Federal Deposit Insurance
Corporation, as Receiver for
Colonial Bank (the assign
ment to Branch Banking and
Trust Company having been
recorded in the real estate
records of Jackson County
in Deed Book 0056-N, Page
0339-0343, in the offices of
the Clerk of the Superior Court
of Jackson County, Georgia)
(“Grantee”) dated February
16, 2004, and recorded in
Deed Book 33-N, Pages 359-
364, aforesaid Records (the
“Security Deed”), conveying
the after-described property to
secure a Non-Consumer Real
Estate Note in the principal
amount of Three Hundred Fifty
Five Thousand ($355,000.00)
Dollars, with interest thereon
as set forth therein and all
modifications thereto (the
“Note”), the undersigned, pur
suant to said Security Deed
has declared the entire amount
of said indebtedness due and
payable because of default in
the payment of said indebt
edness. Further, pursuant to
that Power of Sale, the under
signed will, on the first Tuesday
in June, 2010 during the legal
hours of sale before the court
house door in Jackson County,
Georgia, sell at public outcry to
the highest bidder, for cash, the
following property described in
said Security Deed, to wit:
All those tracts or parcels of
land lying and being in Minish
G.M.D. 255 of Jackson County,
Georgia, being Lots 14 and
17 of Ridge Mill Manor
Subdivision, Phase I, as per
plat recorded in Plat Book 62,
Page 175, Records of Jackson
County, Georgia, which plat
is by reference incorporated
herein and made a part hereof
(“Land”).
Together with all buildings,
structures and improvements
of every nature whatsoever
now or hereafter situated on
the Land, and all fixtures and
building, construction, and
landscaping supplies and
materials of any kind whatso
ever, and equipment, machin
ery and appliances of every
kind and nature whatsoever
now or hereafter located in or
on the Land or to be used on
or in connection with the Land,
including, but not limited to, all
gas, electric, solar, oil burning
and wood burning apparatus
es, ranges and other cook
ing apparatuses, dishwashers,
trash compactors, disposals,
refrigerators, freezers, bath
room fixtures and equipment,
plumbing and heating fixtures,
carpeting and other floor cov
erings, curtains and draperies
and related equipment, wash
ers, dryers, water heaters, ele
vators and motors, chandeliers
and all other ceiling, wall and
exterior lighting devices, mir
rors, mantels, air conditioning
apparatus (including humidity
control equipment) attic and
ceiling fans, window screens
and screen doors, awnings
and storm windows and doors,
alarm devices of all types,
garage door openers, sprinkler
systems, central vacuum sys
tems, cabinets and shelving,
paneling and wall coverings, all
of which are hereby declared
and shall be deemed fixtures
and accessions to the free
hold and a part of the Land as
between the parties hereto and
all persons claiming by, through
or under them, and which shall
be deemed to be a portion of
the security for the indebted
ness herein described.
Together with all easements,
rights-of-way, strips and gores
of land, streets, ways, alleys,
passages, sewer rights, waters,
water courses, water rights and
powers, and all estates, rights,
titles, interests, minerals, roy
alties, easements, privileges,
liberties, hereditaments and
appurtenances whatsoever, in
any way belonging, relating or
appertaining to the Premises or
any part thereof, or which here
after shall in any way belong,
relate or be appurtenant there
to, whether now owned or here
after acquired by Grantor and
the reversion and reversions,
remainder and remainders, the
rents, issues, profits and rev
enues of the Premises from
time to time accruing (including
without limitation all payments
under leases or tenancies, pro
ceeds of insurance, condemna
tion payments, tenant security
deposits and escrow funds),
and all the estate, right, title,
interest, property, possession,
claim and demand whatsoever
at law, as well as in equity,
of Grantor of, in and to the
same; reserving only the right
to Grantor to collect the same
so long as Grantor is not in
default hereunder (hereinafter
referred to as “Property”).
The above-referenced
Property will be sold subject
to the following: all, if any,
outstanding ad valorem taxes
and/or assessments; all, if any,
other prior liens, easements,
covenants, restrictions, encum
brances, zoning ordinances or
other matters of record to which
the Security Deed is junior in
priority; and all, if any, matters
affecting said Property which
would be disclosed by an accu
rate survey and inspection of
said Property. Said Property
will be sold as the property
of JPL Homes, Inc. and the
proceeds will be applied to
the payment of the described
indebtedness, attorney’s fees,
and all expenses of this sale.
Any remaining or surplus pro
ceeds will be applied pursuant
to the Security Deed and pur
suant to the laws of the State
of Georgia.
The above-referenced
Property will be sold on an
“as is, where is” basis without
recourse against Grantee and
without representation or war
ranty of any kind or nature
whatsoever by Grantee with
respect thereto.
To the best of the under
signed’s knowledge and belief,
the Property is presently owned
by JPL Homes, Inc. who is the
party in possession or a tenant
or tenants.
Branch Banking and Trust
Company as Assignee of the
Federal Deposit Insurance
Corporation as Receiver for
Colonial Bank, as attorney-in-
fact for JPL Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, PC.
One Premier Plaza
5605 Glenridge Drive, Suite
690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
/MYS,12,19,26)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia Jackson 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
DONNA JEAN WOOD to
CITIFINANCIAL SERVICES,
INC., dated June 30, 2008,
recorded in Deed Book 52-T,
Page 757, Jackson County,
Georgia Records, convey
ing the after-described prop
erty to secure a Note in the
original principal amount of
ONE HUNDRED NINETEEN
THOUSAND THREE
HUNDRED SEVENTY-EIGHT
AND 95/100 DOLLARS
($119,378.95), with interest
thereon as set forth therein,
there will be sold at public out
cry to the highest bidder for
continued on following page