Newspaper Page Text
PAGE 16C
THE JACKSON HERALD
WEDNESDAY, OCTOBER 20, 2010
Public Notices Continued
Byrd Martin, thence South
63 % West 278 feet to an
iron pin, thence South 23 %
East 158.5 feet to an iron
pin, thence North 63 % East
278 feet to an iron pin on the
bank of the Jefferson-Athens
Highway, thence North 23 %
West 156.6 Feet to the begin
ning corner, containing one
acre, more or less, according
to a survey and plat made by
Nat Hancock, Surveyor, dated
October 1946.
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default in
the payment of the indebt
edness secured thereby,
among other possible events
of default, this sale will be
made for the purposes of pay
ing the same and all expenses
of sale, including attorney’s
fees (notice having been given
as provided by law).
The property will be sold
subject to the following:
(1) all prior restrictive cov
enants, easements, rights-of-
way or encumbrances; (2) all
valid zoning ordinances; (3)
matters which would be dis
closed by an accurate sur
vey of the property; (4) the
outstanding ad valorem taxes
and assessments, if any; (5)
unpaid water and sewage bills,
that constitute liens against
the property, whether due and
payable or not yet due and
payable; and (6) matters of
record superior to the security
deed first set out above.
To the best of the under
signed’s knowledge and belief,
the party in possession is
Kimberly Lanthier or tenant(s).
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 Deed to
Secure Debt.
SCBT, N.A. d/b/a CBT, a
Division of SCBT, N.A. as
Attorney-in-fact for Kimberly
Lanthier.
This law firm is acting as a
debt collector attempting to
collect a debt, any informa
tion obtained will be used
for that purpose.
(OC6,13,20,26B/19761-60T4P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson and Banks County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by WILLIAM
MCCONNELL to WELLS
FARGO BANK, N.A. dated
November 10, 2006, in the
amount of $481,500.00, and
recorded in Deed Book 46-L,
Pages 404-425, Jackson
County, Georgia Records, as
last transferred to Nationstar
Mortgage LLC by assignment;
the undersigned, Nationstar
Mortgage LLC pursuant to
said deed and the note there
by secured, has declared the
entire amount of said indebt
edness due and payable and
pursuant to the power of sale
contained in said deed, will on
the first Tuesday in November,
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:
A certain tract or parcel of
land in Jackson County, in the
State of Georgia, described
as follows: Tract One: All that
tract or parcel of land lying and
being in GMD 465 of Banks
County, Georgia, and GMD
No. 465 of Jackson County,
Georgia, being 10.00 acres,
more or less, as shown on
recorded Plat Book E, Page
90, Banks County records,
and in Plat Book 64, Page
133, Jackson County records,
which is incorporated herein by
reference hereto, being known
as 872 Mangum Bridge Road,
Maysville, Georgia 30558,
according to the present num
bering of houses in Banks and
Jackson Counties. Tract Two:
All that tract or parcel of land
lying and being in GMD 465
of Banks County, Georgia,
and GMD No. 465 of Jackson
County, Georgia, being 12.114
acres, more or less as shown
on recorded in Plat Book
E, Page 90, Banks County
Records, and in Plat Book 64,
Page 183, Jackson County
records, which is incorporated
herein by reference hereto.
which has the property
address of 872 Mangum
Bridge Road, Maysville,
Georgia, together with all fix
tures and other personal prop
erty conveyed 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 prop
erty.
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 William
McConnell and the proceeds
of said sale will be applied to
the payment of said indebted
ness, the expense of said sale,
all as provided in said deed,
and the undersigned will exe
cute a deed to the purchaser
as provided in the aforemen
tioned Security Deed.
Nationstar Mortgage LLC
Attorney in Fact for William
McConnell
Anthony DeMarlo, Attorney/
kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-12343 /CONV
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.
(OC6,13,20,27B/1325-60)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt with Power of Sale from
BART R. HARKEY, JR. to
COMMUNITY BANK AND
TRUST dated 01/06/2005,
and recorded 01/10/2005, in
Deed Book 37-I, Pages 83-85,
Jackson County, Georgia
Deed records, held by SCBT,
N.A. d/b/a CBT, a Division of
SCBT, N.A. pursuant to that
Purchase and Assumption
Agreement among Federal
Deposit Insurance Corporation
as Receiver of Community
Bank & Trust, SCBT, N.A., and
the Federal Deposit Insurance
Corporation, dated January
29, 2010 and pursuant to
Assignment from Federal
Deposit Insurance Corporation
as Receiver of Community
Bank & Trust to SCBT, N.A.
d/b/a CBT, a Division of SCBT,
N.A., the undersigned will sell
at public outcry to the high
est bidder for cash before
the Courthouse door in said
County, during the legal hours
of sale, on the first Tuesday
in November, 2010, by SCBT,
N.A. d/b/a CBT, a Division of
SCBT, N.A., as Attorney-in-
Fact for Bart R. Harkey, Jr. the
following described property:
All that tract or parcel of land
lying and being in the Redstone
District, G.M., Jackson County,
Georgia, located South of the
Jefferson-Athens Highway
on the County Road leading
to the Holliday Place, being
bounded on the North and
West by County Road on the
South by lands of Strickland
and on the East by lands of
Aiken Estate lands and being
more particularly described
as follows: Beginning at a
point in the intersection of the
County Roads leading to the
Jefferson-Athens Highway,
where this tract corners with
lands of Aikens Estate, thence
South 4 degrees 49 minutes
West 500 feet to a stake,
thence North 70 degrees 00
minutes West 265 feet to the
center of County Road, thence
along the County Road North
35 degrees 37 minutes West
502 feet to the beginning cor
ner, containing one & 50/100
(1.50) acres, more or less,
according to plat prepared
by Nat Hancock, Surveyor in
June 1959, Plat Book 3, page
223.
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default in
the payment of the indebt
edness secured thereby,
among other possible events
of default, this sale will be
made for the purposes of pay
ing the same and all expenses
of sale, including attorney’s
fees (notice having been given
as provided by law).
The property will be sold
subject to the following:
(1) all prior restrictive cov
enants, easements, rights-of-
way or encumbrances; (2) all
valid zoning ordinances; (3)
matters which would be dis
closed by an accurate sur
vey of the property; (4) the
outstanding ad valorem taxes
and assessments, if any; (5)
unpaid water and sewage bills,
that constitute liens against
the property, whether due and
payable or not yet due and
payable; and (6) matters of
record superior to the security
deed first set out above.
To the best of the under
signed’s knowledge and belief,
the party in possession is Bart
R. Harkey, Jr. or tenant(s).
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 Deed to
Secure Debt.
SCBT, N.A. d/b/a CBT, a
Division of SCBT, N.A. as
Attorney-in-fact for Bart R.
Harkey, Jr.
This law firm is acting as a
debt collector attempting to
collect a debt, any informa
tion obtained will be used
for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(OC6,13,20,27B/19761-60T4P)
gpnll
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
Debt and Security Agreement
from WINMARK HOMES,
INC. (the “Grantor”) to and in
favor of GEORGIAN BANK
(the “Lender”), as transferred
and assigned by the Federal
Deposit Insurance Corporation
(“FDIC”), as Receiver for
Lender, to First Citizens Bank
and Trust Company, Inc.
(“Holder”) dated April 16, 2007,
filed for record April 27, 2007,
and recorded in Deed Book
48-K, Pages 371 -380, Jackson
County, Georgia records,
as assigned by that certain
Assignment (the “Assignment”)
by and between FDIC and
Holder filed in public records
of Jackson County, Georgia
(as assigned, the “Security
Deed”); securing that certain
Consent Judgment dated
July 9, 2009 entered in Civil
Action No. 2009CV164588
in the Superior Court of
Fulton County, Georgia in
the original principal sum of
TWENTY-TWO MILLION
EIGHT HUNDRED SIXTY-
TWO THOUSAND THREE
HUNDRED NINE AND 09/100
DOLLARS ($22,862,309.09)
(the “Judgment”); there will be
sold at public outcry by Holder
as attorney-in-fact of Grantor
to the highest bidder for cash
between the legal hours for
sale before the Courthouse
door in Jackson County,
Georgia, on the first Tuesday in
November, 2010, the following
described land, improvements
and appurtenances (hereinaf
ter collectively referred to as
the “Premises”) to wit:
All that tract or parcel of land
lying and being in GMD 1785,
Jackson County, Georgia,
being Lot 91, Block A, Unit
One of Liberty Estates
Subdivision, as per plat
thereof recorded in Plat Book
68, Pages 180-185, Jackson
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this description
(the “Land”).
Together with all buildings,
structures and other improve
ments of every kind and nature
whatsoever now or hereafter
situated on the Land; and all
machinery, equipment, fix
tures, appliances and build
ing, 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, whether
generally or specifically, shall
be deemed to be fixtures and
accessions to the freehold and
a part of the Land as between
the parties hereto and all per
sons claiming, by, through or
under either of them; and
Together with all and singu
lar the easements, rights-of-
way, strips and gores of land,
streets, ways, alleys, pas
sages, sewer rights, waters,
water courses, water rights
and powers, estates, rights,
titles, interests, minerals, roy
alties, privileges, liberties,
tenements, hereditaments
and appurtenances what
soever, in any way now or
hereafter belonging, relating
or appertaining to the Land
or the improvements now or
hereafter located thereon, or
any part thereof, whether now
owned or hereafter acquired
by Grantor, 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 hereafter located thereon,
or any part thereof; and all
the estate, right, title, interest,
claim and demand whatso
ever of Grantor, in and to the
same; and
Together with any and all
rents which are now due or
may hereafter become due
by reason of the renting, leas
ing and bailment of the Land
or the improvements now or
hereafter located thereon, or
any part thereof; and
Together with any and all
awards or payments, includ
ing interest thereon, and the
right to receive the same, as
a result (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 hereaf
ter located thereon.
The Judgment is due and
payable and remains unpaid.
The Security Deed therefore
has become and is now fore-
closable according to its terms.
Accordingly, the Premises will
be sold at public outcry pursu
ant to the terms of the power
of sale provided in the Security
Deed.
The Premises will be sold on
an “as is, where is” basis with
out recourse against Holder
and without representation or
warranty of any kind or nature
whatsoever by Holder with
respect thereto.
The proceeds of the sale
are to be applied first to the
expenses of the sale and all
proceedings in connection
therewith, including attorneys’
fees (notice of intention to
collect attorneys’ fees having
been given), then to the pay
ment of all sums secured by
the Security Deed, and the
remainder, if any, will be paid to
the person or persons legally
entitled thereto, all as provided
in the Security Deed. The
Premises shall be sold as the
property of Grantor, subject to
all restrictions, easements and
other matters of record that are
prior to the Security Deed and
to which the Security Deed is
subject and to any unpaid city,
county and state ad valorem
taxes or assessments relating
to the Premises.
To the best of the under
signed’s knowledge and belief,
the owner of the Premises is
the Grantor and the party or
parties in possession of the
Premises is the Grantor or ten
ants of the Grantor.
FIRST CITIZENS BANK
AND TRUST COMPANY,
INC. As Attorney-in-Fact for
WINMARK HOMES, INC.
Robert W. Reardon, Esq.
Morris, Manning & Martin,
L.L.P.
1600 Atlanta Financial
Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(OC6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Jackson County, Georgia
Under and by virtue of the
Power of Sale contained in
that certain Security Deed
given by RITA G. MATHIS
(“Grantor”), to WELLS
FARGO BANK, NATIONAL
ASSOCIATION, successor-by-
merger to WACHOVIA BANK,
NATIONAL ASSOCIATION
(“Lender”), dated September
27, 2007, and recorded
October 12, 2007, in Deed
Book 0050-J, Pages 0530-
0543, Jackson County, Georgia
official records (the “Security
Deed”), conveying the prop
erty described below to secure
repayment of (i) that certain
Note dated September 27,
2007, payable by Grantor to
Lender in the principal amount
of $406,077.50, together with
interest thereon as set forth
therein Lender (including
any amendment, extension,
modification, and renewal,
the “Secured Indebtedness”),
there will be sold at public
outcry to the highest bidder for
cash before the Courthouse
door of Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday
in November 2010 (being
November 2, 2010) the follow
ing described property located
in Jackson County, Georgia,
together with all improve
ments, personalty, fixtures,
easements, hereditaments,
rights, members, and appur
tenances located thereon and
described in the Security Deed
(collectively, the “Property”):
All that tract or parcel lying
and being in 1691 District,
G.M., of Jackson County,
Georgia, being more particu
larly known as Tract 2, consist
ing of 20.00 acres, and Tract
3, consisting of 15.36 acres,
per survey for William Allen
Lancaster and Deward Hanie
Lancaster by W.T. Dunahoo,
Registered Land Surveyor,
dated August 4, 1971, record
ed in the Office of the Clerk of
the Superior Court of Jackson
County, Georgia, in Plat Book
6, Page 345.
The above-described prop
erty is partially improved prop
erty located on Mountain Creek
Church Road, Pendergrass,
Georgia 30567 according to
the present system of property
mapping in Jackson County,
Georgia.
The Secured Indebtedness
has been and is hereby accel
erated and declared due
because of, among other
possible events of default,
failure to pay the Secured
Indebtedness as and when
due and in the manner provid
ed in the instruments evidenc
ing the Secured Indebtedness
and Security Deed. As the
Secured Indebtedness
remains in default, the sale will
be made for purposes of pay
ing the same and all expenses
of this sale, as provided in
the Security Deed and by law,
including attorney’s fees (writ
ten notice of intent to collect
attorney’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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants and
matters of record superior to
the Security Deed.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is the Grantor or a
tenant or tenants claiming
through her.
Wells Fargo Bank, National
Association, successor-by-
merger to Wachovia Bank,
National Association, Attorney-
in-Fact and Agent for Rita G.
Mathis
Harvey Daniels III
Burr & Forman LLP
171 Seventeenth Street,
N.W., Suite 1100
Atlanta, Georgia 30363
Email: hdaniels@burr.com
Phone: (404) 815-3000
Facsimile: (404) 214-7942
THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(OC6,13,20,27P4)
gpnll
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 Security Deed from
JEFFERSON DOWNS,
LLC, FREEHOME
DEVELOPMENT, LLC, and
JEAN BECK MARKETING,
INC. (hereinafter collectively
referred to as “Borrower”) to
THE COMMUNITY BANK
(with RES-GA Hoschton, LLC,
as assignee of Multibank 2009-
1 RES-ADC Venture, LLC, as
assignee from Federal Deposit
Insurance Corporation, as
receiver for The Community
Bank), dated August 17, 2007,
recorded at Deed Book 49V,
Page 623, Jackson County,
Georgia records, (hereinaf
ter the “Security Deed”); said
Security Deed being given to
secure indebtedness under
that certain Promissory Note
(as renewed hereinafter the
“Note”) from Borrower to
The Community Bank (with
RES-GA Hoschton, LLC, as
assignee of Multibank 2009-1
RES-ADC Venture, LLC, as
assignee from Federal Deposit
Insurance Corporation, as
receiver for The Community
Bank), dated August 17, 2007,
and last renewed on October
1,2008, in the original principal
amount of SEVEN MILLION
SIX HUNDRED NINETY ONE
THOUSAND NINE HUNDRED
FIFTY EIGHT AND NO/100
DOLLARS ($7,691,958.00),
with interest on the unpaid
balance from the date there
of until maturity or until paid,
together with all other amounts
payable with respect there
to; there will be sold by the
undersigned at public outcry
to the highest bidder, for cash
before the Courthouse door
in Jefferson, Jackson County,
Georgia, within the legal hours
of sale on the first Tuesday in
November, 2010, the property
being more fully described as
follows:
TRACT ONE
All that tract or parcel of
land lying and being in City
of Hoschton Georgia Militia
District 1407, Jackson County,
Georgia and being more par
ticularly described as follows:
To find THE POINT OF
BEGINNING commence at
the intersection of the Westerly
Right-of-Way of Georgia
Highway #53 and the Easterly
Right-of-Way of Main Street
(60’ R/W), if extended to form
a point; THENCE leaving said
point North 23 degrees 52
minutes 56 seconds West for
a distance of 17.61 feet to a
point on the aforesaid Right-
of-Way of Main Street (60’
R/W) and the Northerly Right-
of-Way of West Jefferson
Street (60’ R/W), said point
being THE TRUE POINT OF
BEGINNING. THENCE from
said point as thus established
and continuing along the
aforesaid Right-of-Way the fol
lowing five (5) courses and
distances North 23 degrees
52 minutes 56 seconds West
for a distance of 133.75 feet
to a Point; THENCE North 22
degrees 40 minutes 14 sec
onds West for a distance of
63.67 feet to a Point; THENCE
North 19 degrees 39 minutes
56 seconds West for a dis
tance of 184.79 feet to a Point;
THENCE North 15 degrees
49 minutes 49 seconds West
for a distance of 116.45 feet
to a Point; THENCE North
10 degrees 02 minutes 34
seconds West for a distance
of 156.07 feet to a 14” rebar
found; THENCE leaving the
aforesaid Right-of-Way North
00 degrees 29 minutes 24
seconds East for a distance
of 542.37 feet to a Point;
THENCE along a curve to the
right having a radius of 552.00
feet and an arc length of 96.27
feet, being subtended by a
chord of North 85 degrees
23 minutes 28 seconds East
for a distance of 96.15 feet
to a Point; THENCE South
89 degrees 36 minutes 45
seconds East for a distance
of 260.04 feet to a Point;
THENCE South 44 degrees
36 minutes 45 seconds East
for a distance of 28.83 feet to
a Point on the Westerly Right-
of-Way of Georgia Highway
No. 53 (80’ R/W); THENCE
continuing along the aforesaid
Right-of-Way the following
two (2) courses and distances
South 00 degrees 23 minutes
07 seconds West for a dis
tance of 121.46 feet to a Point;
THENCE South 02 degrees
58 minutes 09 seconds East
for a distance of 196.60 feet
to a 14’ rebar found; THENCE
leaving the aforesaid Right-of-
Way of Georgia Highway No.
53 (80’ R/W) North 89 degrees
23 minutes 46 seconds West
for a distance of 249.93 feet to
a axle found; THENCE South
05 degrees 13 minutes 47
seconds East for a distance
of 101.53 feet to a axle found;
THENCE South 88 degrees
08 minutes 29 seconds East
for a distance of 217.64 feet
to a 14” rebar found on the
aforesaid Westerly Right-of-
Way of Georgia Highway No.
53; THENCE continuing along
the aforesaid Right-of-Way the
following two (2) courses and
distances South 13 degrees
46 minutes 05 seconds West
for a distance of 487.55 feet
to a Point; THENCE along a
curve to the left having a radi
us of 1980.79 feet and an arc
length of 252.74 feet, being
subtended by a chord of South
09 degrees 35 minutes 43
seconds West for a distance
of 252.57 feet to a Point on the
aforesaid Northerly Right-of-
Way of West Jefferson Street
(60’ R/W); THENCE continu
ing along the aforesaid Right-
of-Way South 73 degrees 28
minutes 42 seconds West for a
distance of 9.38 feet to a Point,
said point being THE TRUE
POINT OF BEGINNING. Said
property contains 6.793 acres
as shown as Tract One on
The Survey For Elite Land
Development, LLC, prepared
by Precision Planning, Inc.,
dated 7/11/07.
TRACT TWO
All that tract or parcel of
land lying and being in City
of Hoschton Georgia Militia
District 1407, Town of Braselton
Georgia Militia District 1765,
Jackson County, Georgia
and being more particularly
described as follows:
To find THE POINT OF
BEGINNING commence at
the intersection of the Westerly
Right-of-Way of Georgia
Highway #53 and the Easterly
Right-of-Way of Main Street
(60’ R/W), if extended to form
a point; THENCE leaving said
point North 23 degrees 52
minutes 56 seconds West for
a distance of 17.61 feet to a
point on the aforesaid Right-of-
Way of Main Street (60’ R/W);
THENCE continuing along the
aforesaid Right-of-Way the fol
lowing five (5) courses and
distances North 23 degrees
52 minutes 56 seconds West
for a distance of 133.75 feet
to a Point; THENCE North 22
degrees 40 minutes 14 sec
onds West for a distance of
63.67 feet to a Point; THENCE
North 19 degrees 39 minutes
56 seconds West for a dis
tance of 184.79 feet to a Point;
THENCE North 15 degrees
49 minutes 49 seconds West
for a distance of 116.45 feet
to a Point; THENCE North 10
degrees 02 minutes 34 sec-
continued on following page