Newspaper Page Text
PAGE 10B PICKENS COUNTY PROGRESS THURSDAY. SEPTEMBER 30. 2010
Legal Notices
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LEGAL NOTICE
In accordance with Ga. Law OCOG
§40-11-2, the following vehicles have
been deemed abandoned and will be sold
at a public sale on Oct. 15 2010. Sealed
bids will be accepted between the hours of
9 a.m. and 2 p.m. on the premises of
Jasper Towing, 2068 Philadelphia Rd.,
Jasper, Ga. 30143. For more information,
call (706)253-3689:
1983 Mercedes Benz (copper) - VIN
#WDBAB53A6DB002568.
1994 Buick Century (beige) - VIN
#1G4AG554XR6498853.
1995 Ford F-150 (white) - VIN
#1 FTEX15N7SKB76689.
(22-23p)
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NOTICE
Southside Mini-Warehouse. Inc., 1068
Camp Rd., Jasper, Ga. 30143, will hold a
public sale of the contents of the following
storage unit on Oct. 11, 2010. Contents
will be sold to the highest bidder. Buyer
will have 24 hours to remove contents
from unit. All storage units may not be
available at sale. Leasee has right to pay
balance due until time of sale. Inquiries
call (706)253-3339.
Lori Walters - Unit #69
(22-23)
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NOTICE OF ABANDONED VEHICLES
In accordance with OCGA 40-11-2, the
following vehicle was towed and is
presently being stored at A&T Towing,
located at 60-C Liberty Pkwy., Jasper, Ga.
30143 (706-253-8697). Date and location
of recovery is listed below. The vehicle is
abandoned and if not claimed will be sold
by auction:
1995 Toyota 4-Runner - VIN
#JT3VN29V 1S0051936 - towed on
7/20/10 from Bigun’s BBQ. 515 N in
Jasper.
Auction Date: 10/18/10 at 10:30.
(21-22ZZ)
gpn17
NOTICE OF ABANDONED VEHICLES
In accordance with OCGA 40-11-2, the
following vehicle was towed and is
presently being stored at A&T Towing,
located at 60-C Liberty Pkwy., Jasper, Ga.
30143 (706-253-8697). Date and location
of recovery is listed below. The vehicle is
abandoned and if not claimed will be sold
by auction:
1996 Ford Aerostar - VIN
#1FMDA31X1TZA94834. Town on 8/9/10
from Hood Road & Hwy. 5 in Jasper.
Auction Date: 11/22/10 at 10:30.
(22-23)
gpn11
STATE OF GEORGIA
COUNTY OF PICKENS
NOTICE OF SALE UNDER POWER
UNDER AND BY VIRTUE of the power
of sale contained in that certain Deed to
Secure Debt given from GREMLIN 5,
LLC, (the “Debtor”) to BANK OF WOOD-
STOCK, A DIVISION OF UNITED SECU
RITY BANK (Lender), dated December
22, 2008, filed and recorded on February
12, 2009, in Deed Book 849, Page 699,
Pickens County, Georgia deed records;
Assigned to Ameris Bank by Assignment;
said Deed to Secure Debt having been
given to secure a Note from ROBERT L.
RECHSTEINER, dated December 22,
2008 (and any renewal, extension or mod
ification thereof) in the original principal
sum of One Million Two Hundred One
Thousand One Hundred Eighty Six and
04/100's ($1,201,186.04) Dollars, with
interest thereon as set forth therein, there
will be sold by the undersigned at public
outcry to the highest bidder for cash
before the Courthouse door in Pickens
County, Georgia, within the legal hours of
sale on the first Tuesday in October 2010,
the following described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND LOT
273 OF THE 12TH DISTRICT, 2ND SEC
TION, PICKENS COUNTY, GEORGIA,
BEING LOTS 1, 2, 3, AND 4, HANNAH
RIDGE, AS PER PLAT RECORDED IN
PLAT BOOK KK, PAGE 37, PICKENS
COUNTY, GEORGIA RECORDS. SAID
PLAT IS INCORPORATED HEREIN BY
REFERENCE AND MADE A PART OF
THIS DESCRIPTION.
The indebtedness secured by said Deed
to Secure Debt being in default, said sale
will be made for the purpose of paying
said indebtedness and all expenses in
connection with the sale, including attor
ney fees.
The entity that has full authority to nego
tiate, amend and modify all terms of the
mortgage with the Debtor is: Ameris Bank,
8770 Main Street, Woodstock, Georgia,
30188, 770-592-6292. Please understand
that the secured creditor is not required by
law to negotiate, amend, or modify the
terms of the mortgage instrument.
Said property will be sold, subject to any
unpaid taxes, assessments, easements
and restrictions of record, as the property
of GREMLIN 5, LLC, who to the best of
the knowledge and belief of the under
signed, are the parties in possession of
said property.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code and (2)
final confirmation and audit of the status of
the loan with the holder of the Deed to
Secure Debt.
Pursuant to O.C.G.A. Section 9-13-
172.1, which allows for certain procedures
regarding the rescission of judicial and
nonjudicial sales in the State of Georgia,
the Deed Under Power and other foreclo
sure documents may not be provided until
final confirmation and audit of the status of
the loan as provided in the preceding
paragraph.
AMERIS BANK As Attorney-in-fact for
GREMLIN 5, LLC
KIM R. SELLERS
Sellers & Warren. P.C.
Attorney for AMERIS BANK
117 Towne Lake Parkway, Suite 100
Woodstock, Georgia 30188
(770) 924-9366
(10FOR623)
(19-22)
£
NOTICE OF DUI
Name & address of convicted person:
Donovan Aaron Reid, 20 Mineral Springs
Ct. 161, Jasper, Ga. 30143
Date of arrest: May 28, 2010
Time of arrest: 11:31 p.m.
Place of arrest: Riverstone Pkwy. at Mill
Dr., Cherokee County, Ga.
Disposition: Pled guilty. 2/5, 12 months
probation, 90 days to serve in custody, 30
days community service, $1506 fine, 6
month ignition interlock, SCRAM for a
period of 90 days.
Information provided by: Patty Baker
Deputy Clerk
Cherokee County State Court
(22)
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NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained
in a Deed to Secure Debt by James
Green to Mortgage Electronic
Registration Systems, Inc. ("MERS") as
nominee for America's Wholesale Lender,
dated October 27, 2005 and filed for
record June 2, 2009 in Deed Book 863,
Page 328, Pickens County, Georgia
records, and securing a Note in the origi
nal principal amount of $136,000.00; last
transferred to Deutsche Bank National
Trust Company, as Trustee for GSAA
Home Equity Trust 2006-4 by Assignment
filed for record March 22, 2010 in Deed
Book 889, Page 494, Pickens County,
Georgia records, there will be sold at a
public outcry for cash to the highest bidder
before the Courthouse door of Pickens
County, Georgia, between the legal hours
of sale on the first Tuesday in October,
2010, by Deutsche Bank National Trust
Company, as Trustee for GSAA Home
Equity Trust 2006-4 as Attorney-in-Fact
for James Green the following property
to-wit:
All that tract or parcel of land lying and
being in Land Lot 110, 13th District, 2nd
Section of Pickens County, Georgia,
being Lot 18, Chimney Ridge, as per plat
recorded in Plat Book KK, Page 149,
Pickens County, Georgia Records, which
plat is incorporated herein by reference.
The above described property is also
known as 85 Chimney Way, Fairmount,
GA 30139.
The indebtedness secured by said Deed
to Secure Debt having been declared due
and payable because of default in the pay
ment of the indebtedness secured there
by, this sale will be made for the purpose
of paying the same and all expenses of
sale, including attorney's fees, if applica
ble.
The property will be sold as the proper
ty of the aforesaid grantor subject to the
following: all prior restrictive covenants,
easements, rights-of-way, security deeds,
or encumbrances of record; all valid zon
ing ordinances; matters which would be
disclosed by an accurate survey of the
property or by any inspection of the prop
erty; all outstanding taxes, assessments,
unpaid bills, charges, and expenses that
are a lien against the property whether
due and payable or not yet due and
payable.
To the best of the undersigned's knowl
edge and belief, possession of the subject
property is held by James B. Green AKA
James Green .
Pursuant to O.C.G.A. §44-14-162.2, the
name, address and telephone number of
the individual or entity who shall have the
full authority to negotiate, amend or modi
fy all terms of the above described mort
gage is as follows: BAC Home Loans
Servicing, L.P. f/k/a Countrywide Home
Loans Servicing, LP, Attn: Jill Balentine,
P. O. Box 5170, MS SV314B, Simi Valley,
CA 93065, Telephone: 1-888-219-7773.
The foregoing notwithstanding, nothing in
O.C.G.A. § 44-14-162.2 shall be con
strued to require BAC Home Loans
Servicing. LP servicer for Deutsche Bank
National Trust Company, as Trustee for
GSAA Home Equity Trust 2006-4 to
negotiate, amend or modify the terms of
the Deed to Secure Debt described here
in.
Deutsche Bank National Trust Company,
as Trustee for GSAA Home Equity Trust
2006-4
as Attorney-in-Fact for
James Green
SHUPING, MORSE & ROSS, LLP
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
This law firm is attempting to collect a
debt. Any information obtained will be
used for that purpose.
(19-22)
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NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
By virtue of a Power of Sale contained in
that certain Security Deed from Samuel H.
Jessie a/k/a Samuel Hubert Jessie, Jr.
and Kristi L. Jessie a/k/a Christy Jessie to
Union Planters Bank, NA dated April 27,
2000, recorded June 13, 2000, in Deed
Book 370, Page 99, Pickens County,
Georgia Records, as modified, and as last
assigned to Regions Bank by virtue of
assignment from Wells Fargo Bank
Minnesota, NA recorded in Deed Book
893, Page 137, Pickens County, Georgia,
said Security Deed having been given to
secure a Note of even date in the principal
amount of One Hundred Fifty-Five
Thousand Dollars and No Cents
($155,000.00), with interest thereon as
provided for therein, there will be sold at
public outcry to the highest bidder for cash
before the courthouse door of Pickens
County, Georgia, within the legal hours of
sale on the first Tuesday in October 2010,
all property described in said Security
Deed including but not limited to the fol
lowing described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND LOT
187 OF THE 4TH DISTRICT, 2ND SEC
TION, PICKENS COUNTY, GEORGIA
AND BEING LOT 97 IN IVY RIDGE, UNIT
III. AS PER PLAT RECORDED AT PLAT
BOOK HH, PAGE 113, PICKENS COUN
TY RECORDS. SAID PLAT BY REFER
ENCE IS INCORPORATED HEREIN
AND MADE A PART HEREOF.
Said property being known as 394
Logans Run, Jasper, GA 30143 accord
ing to the present numbering system in
Pickens County. The indebtedness
secured by said Security Deed has been
and is hereby declared due because of
default under the terms of said Security
Deed and Note, including but not limited to
the nonpayment of the indebtedness as
and when due. The indebtedness remain
ing in default, this sale will be made for the
purpose of paying the same, all expenses
of the sale, including attorneys' fees and
all other payments provided for under the
terms of the Security Deed and Note.
Said property will be sold subject to the
following items which may affect the title
to said property: all zoning ordinances;
matters which would be disclosed by an
accurate survey or by an inspection of the
property; any outstanding taxes, including
but not limited to ad valorem taxes, which
constitute liens upon said property; spe
cial assessments; all outstanding bills for
public utilities which constitute liens upon
said property; all restrictive covenants,
easements, rights-of-way and any other
matters of record superior to said Security
Deed.
To the best of the knowledge and belief
of the undersigned, the party in posses
sion of the property is Samuel H. Jessie
a/k/a Samuel Hubert Jessie, Jr. or ten
ants). The sale will be conducted subject
(1) to confirmation that the sale is not pro
hibited 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, Regions Bank as Attorney
in Fact for Samuel H. Jessie a/k/a Samuel
Hubert Jessie, Jr. and Kristi L. Jessie
a/k/a Christy Jessie.
Contact: The Geheren Firm, P.C.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
This law firm is attempting to collect a
debt. Any information obtained will be
used for that purpose.
(19-22)
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NOTICE OF SALE UNDER POWER IN
SECURITY DEED
STATE OF GEORGIA
COUNTY OF PICKENS
Under and by virtue of the Power of Sale
contained in the Deed to Secure Debt and
Security Agreement from Jasper
Professional Properties, LLC to Cherokee
Bank, N.A., dated July 30, 2007, and
recorded in Deed Book 787, Pages 684-
692, in the offices of the Clerk of the
Superior Court of Pickens County,
Georgia (the "Security Deed”), the under
signed will sell at public outcry to the high
est and best bidder for cash before the
door of the Courthouse of Pickens
County, Georgia, during the legal hours of
sale, on the first Tuesday in October,
2010, the following described real proper
ty, to wit:
All that tract or parcel of land lying and
being in Land Lot 14 of the 13th District,
2nd Section, Pickens County, Georgia,
being more particularly described as fol
lows:
TO ASCERTAIN THE TRUE POINT OF
BEGINNING, begin at the point of inter
section of the westerly right of way of
Mountain Side Drive (50 foot right of way)
with the southerly right of way of State
Route 53 (60 foot right of way); thence
along said right of way of State Route No.
53 South 88 degrees 23 minutes 29 sec
onds West a distance of 198.09 feet to a
1/2 inch iron pin set; thence continuing
along said right of way South 88 degrees
23 minutes 31 seconds West a distance of
34.31 feet to a point; thence continuing
along said right of way South 88 degrees
19 minutes 15 seconds West a distance of
70.61 feet to a 1/2 inch iron pin set; said
pin being the TRUE POINT OF BEGIN
NING; thence leaving said right of way
South 01 degree 40 minutes 46 seconds
East a distance of 353.09 feet to a 1/2
inch iron pin set; thence North 80 degrees
02 minutes 53 seconds West a distance of
164.71 feet to a 1/2 inch iron pin set;
thence North 01 degree 39 minutes 59
seconds West a distance of 319.96 feet to
a 1/2 inch iron pin found on the right of
way of State Route No. 53; thence along
said right of way North 88 degrees 20 min
utes 50 seconds East a distance of 161.26
feet to a 1/2 inch iron pin set; which is the
true point of beginning, containing 1.25
acres. Reference is made to plat of survey
for Innovative Capital, LLC by D & S Land
Surveying, Inc. dated 9/8/2004, last
revised 1/3/2005.
Said tract is conveyed with and subject
to rights of the Grantee, the Grantor, and
others in and to the ingress/egress ease
ments shown on plat recorded in the
Pickens County records.
LESS AND EXCEPT:
That Certain Condominium Unit lying
and being in Land Lot 14 of the 13th
District, 2nd Section of Pickens County,
Georgia, City of Jasper, being known as
Suites 104-105 of Jasper Professional
Centre Office Park Condominium, a
Condominium, as described in that Plat of
Condominium recorded in Condominium
Book 1, Page 196, and in Condominium
Floor Plans recorded in Condominium
Book 1, Pages 198-200, Pickens County,
Georgia Records, which are incorporated
herein by reference for a more complete
description. Together with the appurtenant
percentage of undivided interest in the
common areas of Jasper Professional
Centre Office Park, and all other rights,
restrictions, covenants and easements
described in the Declaration of
Condominium for Jasper Professional
Centre Office Park recorded in Deed book
644, Page 219, aforesaid records, which
Declaration (including any Amendments
hereafter recorded) are incorporated here
in by reference for a more complete
description.
ALSO LESS AND EXCEPT THE FOL
LOWING:
Property conveyed by those Quit Claim
Deeds recorded in Deed Book 807, Page
616 (Unit 204), Deed Book 833, Page 573
(Unit 200), and Deed Book 829, Page 288
(Unit 103), aforesaid records.
In addition, under and by virtue of the
power of sale contained in the Security
Deed, the undersigned will also sell at
public outcry to the highest bidder for cash
before the door of the Courthouse of
Pickens County, Georgia, immediately fol
lowing the sale of the above-described
real property, the following described per
sonal property owned by Jasper
Professional Properties, LLC, or its suc-
cessors-in-title and secured by the
Security Deed, to wit:
All personal property described in and
subject to the Security Deed, which is
hereby incorporated by this reference.
Less and except any fixtures subject to
the security interest on the above-
described real property.
The debt secured by the Security Deed
is evidenced by a Renewal Promissory
Note, dated August 1, 2008, from Jasper
Professional Properties, LLC, to Cherokee
Bank, N.A., in the original principal
amount of $406,264.00 (the "Note"), plus
interest 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 fore-
closable according to its terms.
The above-described real property will
be sold to the highest and best bidder for
cash as the property of Jasper
Professional Properties, LLC, the pro
ceeds to be applied to the payment of said
indebtedness, attorneys' fees, and the
lawful expenses of said sale, all as provid
ed in the Note and Security Deed. The
sale shall be subject to the following: all
outstanding ad valorem taxes and/or
assessments, if any; possible redemptive
rights of the Internal Revenue Service, if
any; and all prior assessments, ease
ments, restrictions or matters of record.
To the best of the undersigned's knowl
edge and belief, the real property is
presently owned by Jasper Professional
Properties, LLC.
To the best of the undersigned's knowl
edge and belief, the party in possession of
the real property is Jasper Professional
Properties, LLC, and tenants holding
under it.
All personal property will be sold in one
lot to the highest and best bidder for cash
as the property of Jasper Professional
Properties, LLC, or its successors-in-title,
on an "as is, where is" basis and without
representation, warranty or recourse,
express or implied, of the undersigned,
and subject to all matters of record affect
ing said personal property, the proceeds
to be applied to the payment of said
indebtedness, attorneys' fees and the law
ful expenses of said sale, all as provided
in the Security Deed.
Cherokee Bank, N.A., as Attorney-in-Fact
for Jasper Professional Properties, LLC.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(19-22)
LEGAL NOTICE
Notice is hereby given that Grandview
Health Care Center is operated in accor
dance with Title VI of the Civil Rights Act
of 1964, Section 504 of the Rehabilitation
Act of 1973, the Americans with
Disabilities Act and the Equal
Employment Opportunity Act which pro
vides that no person in the United States,
on the grounds of race, color creed,
national origin, age, sex, religion, handi
cap or marital status be denied the bene
fits of or be subjected to discrimination
under any of our programs, admission
policies or employment practices.
(22-25)
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NOTICE OF PUBLIC HEARING
Notice is hereby given of a hearing to be
held at 6 p.m. Sept. 27, 2010 at Jasper
City Hall before the Planning Commission
of the City of Jasper, Ga. The purpose of
the hearing is to discuss a request by
John R. Pool to have parcel 042-029 of
23.53 cumulative acres annexed in the
City of Jasper as Commercial-2. This
property is located on the east side of
Hwy. 515 and the south side of Mineral
Springs Road. The recommendation of
the Planning Commission will be brought
before the City Council at 6 p.m. Oct. 11,
2010.
(19-22)
gpn11
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF PICKENS
Under and by virtue of the Power of Sale
contained in the Deed to Secure Debt
(With Future Advance Clause) made and
executed between Stacy Chadwick
(“Borrower” or “Grantor”) and Jasper
Banking Company (“Jasper Bank” or
“Grantee”), dated June 28, 2007 and
recorded in Deed Book 780, Page 588,
Pickens County, Georgia records (the
"Security Deed"); Grantee as attorney-in-
fact for Grantor will sell at public outcry to
the highest and best bidder for cash
before the Courthouse door of Pickens
County, Georgia, during the legal hours of
sale, on the first Tuesday in October,
2010, the following described real proper
ty, to wit:
ALL THAT TRACT or parcel of land
lying and being in Land Lot 306 of the 12th
District, 2nd Section, Pickens County,
Georgia, and being House No. 200,
Jacobs Pointe Townehouses, being more
particularly described as follows:
TO FIND THE POINT OF BEGINNING,
began at an iron pin on the southern end
of Jacobs Way located 1178.03 feet from
the intersection of Jacobs Way and
Pioneer Road; thence traveling West with
the arc and curvature of Jacobs Way
73.09 feet to a point, said arc having a
radius of 25.00 feet and said arc being
subtended by a chord line having a mag
netic bearing of South 24 degrees 03'
East and a chord length of 49.70 feet;
thence running North 36 degrees 07' 43”
East a distance of 22.80 feet; thence
North 05 degrees 05' 10” West a distance
of 7.00 feet; thence North 05 degrees 05'
1” West a distance of 87.40 feet; thence
traveling North with the arc and curvature
of Jacobs Way 92.54 feet to a point, said
arc having a radius of 160.00 feet and said
arc being subtended by a chord line hav
ing a magnetic bearing of South 21
degrees 39' 45” East and a chord length of
91.26 feet; thence running North 38
degrees 13' 54” West a distance of 134.10
feet to a point; thence traveling North with
the arc and curvature of Jacobs Way
63.24 feet to a point, said arc having a
radius of 360.00 feet and said arc being
subtended by a chord line having a mag
netic bearing of South 43 degrees 15' 53”
East and a chord length of 63.16 feet;
thence running North 48 degrees 17' 50”
West a distance of 170.00 feet to a point;
thence South 38 degrees 21' 19” West a
distance of 120.48 feet to a point; thence
South 51 degrees 47' 43” East a distance
of 379. 23 feet to a point; thence North 2
degrees 26' 43” West a distance of 12.61
feet to a point; thence North 38 degrees
34' 50” West a distance 28.30 feet; thence
South 51 degrees 25' 10” West a distance
of 7.00 feet; thence North 38 degrees 34'
50” West a distance of 16.00 feet; thence
North 51 degrees 25' 10” East a distance
of 7.00 feet; thence North 38 degrees 34'
50” West a distance of 15.10 feet; thence
North 51 degrees 31'33” East a distance
24.32 feet to a point; SAID POINT BEING
THE TRUE POINT OF BEGINNING;
thence South 38 degrees 34' 50” East a
distance of 14.00 feet; thence North 51
degrees 25' 10” East a distance of 6.00
feet; thence South 38 degrees 34' 50”
East a distance of 14.91 feet; thence
North 51 degrees 31'33” East a distance
of 6.07 feet; thence South 39 degrees 07'
16” East a distance of 10.37 feet; thence
South 48 degrees 35' 13” West a distance
of 2.05 feet; thence South 38 degrees 42'
58” East a distance of 12.95 feet; thence
South 51 degrees 01'01 ” West a distance
of 9.99 feet; thence South 37 degrees 16'
47” East a distance of 6.99 feet; thence
South 51 degrees 31'33” West a distance
of 24.32 feet; thence North 38 degrees 34'
50” West a distance of 28.30 feet; thence
South 51 degrees 25' 10” West a distance
7.00 feet; thence North 38 degrees 34' 50”
West a distance of 16.00 feet; thence
North 51 degrees 25' 10” East a distance
of 7.00 feet; thence North 38 degrees 34'
50” West a distance of 15.10 feet; thence
North 51 degrees 31'33” East a distance
24.32 feet to a point, said point being The
Point of Beginning of the property herein
conveyed.
This property is located in Pickens
County, Georgia, and has the property
address of 200 Jacobs Way, Jasper, GA
30143.
The debt secured by the Security Deed
is evidenced by that certain Universal
Note by and between Borrower and
Jasper Bank dated or last renewed on or
about February 27, 2010 in the original
principal amount of $115,298.84 (the
"Note"), plus interest on the unpaid bal
ance 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 fore-
closable according to its terms.
The above-described real property will
be sold to the highest and best bidder for
cash, the proceeds to be applied to the
payment of said indebtedness, attorneys'
fees, and the lawful expenses of said sale,
all as provided in the Note and Security
Deed. The sale shall be subject to the fol
lowing: all outstanding ad valorem taxes
and/or assessments, if any; possible
redemptive rights of the Internal Revenue
Service, if any; and all other prior assess
ments, easements, restrictions or matters
of record.
To the best of the undersigned's knowl
edge and belief, the party in possession of
the real property is Stacy Chadwick.
SunTrust Bank, a Georgia banking corpo
ration as Attorney-in-Fact for Stacy
Chadwick
Joshua M. Katz, Esquire
Macey, Wilensky, Kessler & Hennings,
LLC
230 Peachtree Street, Suite 2700
Atlanta, Georgia 30303-1229
404/584-1200
This law firm is acting as a debt collec
tor and is attempting to collect a debt. Any
information obtained will be used for that
purpose.
(19-22)
gpn11
NOTICE OF SALE UNDER POWER IN
SECURITY DEED
STATE OF GEORGIA
COUNTY OF PICKENS
Under and by virtue of the Power of Sale
contained in the Security Deed from
Joseph T. Betts, Jr. to SunTrust Bank,
dated January 17, 2009, and recorded in
Deed Book 849, Page 440, in the offices
of the Clerk of the Superior Court of
Pickens County, Georgia (the "Security
Deed"), and pursuant to that certain Order
lifting the automatic stay in favor of
SunTrust Bank entered April 14, 2010 in
Chapter 7 Case No. 10-20711-reb, United
States Bankruptcy Court, Northern District
of Georgia, Gainesville Division, the
undersigned will sell at public outcry to the
highest and best bidder for cash before
the door of the Courthouse of Pickens
County, Georgia, during the legal hours of
sale, on the first Tuesday in October,
2010, the following described real proper
ty, to wit:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOTS 254 AND 251 OF THE 5TH DIS
TRICT, 2ND SECTION, PICKENS COUN
TY, GEORGIA, DESCRIBED AS FOL
LOWS:
BEGINNING AT IRON STAKE ON
NORTH SIDE OF OLD SAW MILL ROAD;
THENCE NORTH 990 FEET TO ROCK
CONDITIONAL CORNER; THENCE
SOUTH 480 FEET TO A CONDITIONAL
ROCK CORNER; THENCE SOUTH
309.30 FEET TO IRON PIPE ON ORIGI
NAL LINE; THENCE CONTINUING
SOUTH TO SAID OLD SAW MILL ROAD
AT IRON PIPE; THENCE SOUTHEAST
ALONG SAID ROAD TO THE POINT OF
BEGINNING.
In addition, under and by virtue of the
power of sale contained in the Security
Deed, the undersigned will also sell at
public outcry to the highest bidder for cash
before the door of the Courthouse of
Pickens County, Georgia, immediately fol
lowing the sale of the above-described
real property, the following described per
sonal property owned by Joseph T. Betts,
Jr., or his successors-in-title and secured
by the Security Deed, to wit:
All personal property described in and
subject to the Security Deed, which is
hereby incorporated by this reference.
Less and except any fixtures subject to
the security interest on the above-
described real property.
The debt secured by the Security Deed
is evidenced by a Promissory Note, dated
January 17, 2009 executed by Joseph T.
Betts, Jr. to SunTrust Bank, in the original
principal amount of $81,623.72 (the
"Note"), plus interest 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 fore-
closable according to its terms.
The above-described real property will
be sold to the highest and best bidder for
cash as the property of Joseph T. Betts,
Jr., the proceeds to be applied to the pay
ment of said indebtedness, attorneys'
fees, and the lawful expenses of said sale,
all as provided in the Note and Security
Deed. The sale shall be subject to the fol
lowing: all outstanding ad valorem taxes
and/or assessments, if any; possible
redemptive rights of the Internal Revenue
Service, if any; and all other prior assess
ments, easements, restrictions or matters
of record.
To the best of the undersigned's knowl
edge and belief, the real property is
presently owned by Joseph T. Betts, Jr.
To the best of the undersigned's knowl
edge and belief, the party in possession of
the real property is Joseph T. Betts, Jr.,
and tenants holding under him.
All personal property will be sold in one
lot to the highest and best bidder for cash
as the property of Joseph T. Betts, Jr., or
his successors-in-title, on an "as is, where
is" basis and without representation, war
ranty or recourse, express or implied, of
the undersigned, and subject to all mat
ters of record affecting said personal prop
erty, the proceeds to be applied to the
payment of said indebtedness, attorneys'
fees and the lawful expenses of said sale,
all as provided in the Security Deed.
SunTrust Bank, as Attorney-in-Fact for
Joseph T. Betts, Jr.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(19-22)
gpn11
NOTICE OF SALE UNDER POWER
CONTAINED IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF PICKENS
Pursuant to and by virtue of a Power of
Sale contained in the Deed to Secure
Debt and Security Agreement from
Vincent L. Rieke and Jeanne E. Rieke
(hereinafter referred to as “Grantor”) to
Bank of North Georgia n/k/a Synovus
Bank, which was formerly known as
Columbus Bank and Trust Company, as
successor in interest through name
change and by merger with Bank of North
Georgia, dated August 18, 2005, recorded
in Deed Book 674, Page 792, Pickens
County, Georgia records, conveying the
property described herein and being given
to secure a Note of even date in the origi
nal principal amount of Two Hundred
Sixty-Six Thousand Six Hundred Seven
and 00/100's Dollars ($266,607.00), (the
“Security Deed”), as well as any renewal,
modification or extension of said Note, if
any, and by virtue of a default in the pay
ment of the debt secured by said Security
Deed, as well as of possible events of
default under terms of the Note and
Security Deed, the undersigned attorney
in fact for the aforesaid Grantor (which
attorney in fact is the present holder of
said Security Deed and the Note secured
thereby) will sell to the highest bidder for
cash before the door of the courthouse in
said county within the legal hours of sale
on the first Tuesday in October, 2010, the
following described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOTS 32 AND 41 OF THE 13TH DIS
TRICT, 2ND SECTION OF PICKENS
COUNTY, GEORGIA, HAVING AN
AREA OF 27.09 ACRES, AS SHOWN
ON THAT CERTAIN PLAT OF SURVEY
FOR VINCENT L. RIEKE AND JEANNE
E. RIEKE, PREPARED BY MARK E.
CHASTAIN, GA. REGISTERED LAND
SURVEYOR NO. 2718, CHASTAIN &
ASSOCIATES, P.C. DATED 3/19/2003,
AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN LOCAT
ED AT THE COMMON LAND LOT COR
NERS OF LAND LOTS 31, 32, 41 AND
42; RUNNING THENCE ALONG THE
EAST LAND LOT LINE OF LAND LOT 41,
SOUTH 02 DEGREES 06 MINUTES 52
SECONDS WEST, A DISTANCE OF
1046.35 FEET TO AN IRON PIN; CON
TINUING ALONG SAID LAND LOT LINE
SOUTH 02 DEGREES 07 MINUTES 19
SECONDS WEST, A DISTANCE OF
592.39 FEET TO AN IRON PIN AND
CORNER; LEAVING SAID LAND LOT
LINE AND RUNNING THENCE SOUTH
85 DEGREES, 15 MINUTES 12 SEC
ONDS WEST A DISTANCE OF 690.85
FEET TO AN IRON PIN AND CORNER;
RUNNING THENCE NORTH 05
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DEGREES 42 MINUTES 17 SECONDS
WEST A DISTANCE OF 288.38 FEET TO
A TWELVE INCH OAK AT SCARECORN
CREEK; RUNNING THENCE ALONG
THE SOUTHWEST SIDE OF AN 8 FOOT
WOODS ROAD THE FOLLOWING
COURSES AND DISTANCES: NORTH
37 DEGREES 34 MINUTES 09 SEC
ONDS WEST, A DISTANCE OF 24.59
FEET TO A POINT; NORTH 63
DEGREES 13 MINUTES 05 SECONDS
WEST, A DISTANCE OF 35.63 FEET TO
A POINT; NORTH 64 DEGREES 23 MIN
UTES 53 SECONDS WEST, A DIS
TANCE OF 71.43 FEET TO A POINT;
NORTH 64 DEGREES 18 MINUTES 43
SECONDS WEST, A DISTANCE OF
43.53 FEET TO A POINT; NORTH 58
DEGREES 16 MINUTES 48 SECONDS
WEST, A DISTANCE OF 23.11 FEET TO
A POINT; NORTH 48 DEGREES 29 MIN
UTES 10 SECONDS WEST, A DIS
TANCE OF 24.66 FEET TO A POINT;
NORTH 41 DEGREES 47 MINUTES 46
SECONDS WEST, A DISTANCE OF
31.03 FEET TO A POINT; NORTH 34
DEGREES 40 MINUTES 42 SECONDS
WEST, A DISTANCE OF 29.40 FEET TO
A POINT; NORTH 23 DEGREES 36 MIN
UTES 41 SECONDS WEST, A DIS
TANCE OF 50.60 FEET TO A POINT;
NORTH 25 DEGREES 02 MINUTES 07
SECONDS WEST, A DISTANCE OF
45.30 FEET TO A POINT; NORTH 20
DEGREES 24 MINUTES 42 SECONDS
WEST, A DISTANCE OF 40.30 FEET TO
A POINT; NORTH 05 DEGREES 16 MIN
UTES 32 SECONDS WEST, A DIS
TANCE OF 31.22 FEET TO A POINT;
NORTH 03 DEGREES 58 MINUTES 18
SECONDS EAST, A DISTANCE OF
22.82 FEET TO AN IRON PIN AND COR
NER; RUNNING THENCE SOUTH 88
DEGREES 30 MINUTES 13 SECONDS
EAST, A DISTANCE OF 14.22 FEET TO
AN IRON PIN AND CORNER; RUNNING
THENCE NORTH 02 DEGREES 31 MIN
UTES 32 SECONDS EAST. A DISTANCE
OF 84.51 FEET TO A POINT AND COR
NER; RUNNING THENCE NORTH 63
DEGREES 23 MINUTES 43 SECONDS
EAST, A DISTANCE OF 572.38 FEET TO
A POINT AND CORNER: RUNNING
THENCE NORTH 09 DEGREES 07 MIN
UTES 35 SECONDS EAST. A DISTANCE
OF 447.85 FEET TO A POINT AND COR
NER; RUNNING THENCE NORTH 50
DEGREES 15 MINUTES 39 SECONDS
WEST; A DISTANCE OF 529.11 FEET
TO A POINT AND CORNER OF THE
NORTH SIDE OF A 50 FOOT EASE
MENT; RUNNING THENCE SOUTH 88
DEGREES 30 MINUTES 13 SECONDS
EAST, A DISTANCE OF 241.31 FEET TO
AN IRON PIN AND CORNER; RUNNING
THENCE SOUTH 01 DEGREES 30 MIN
UTES 25 SECONDS WEST, A DIS
TANCE OF 30.00 FEET TO AN IRON PIN
AND CORNER; RUNNING THENCE
SOUTH 88 DEGREES 27 MINUTES 28
SECONDS EAST, A DISTANCE OF
624.35 FEET TO THE POINT OF BEGIN
NING.
TOGETHER WITH AND SUBJECT TO
AN EASEMENT FOR INGRESS AND
EGRESS DESCRIBED AS FOLLOWS:
TO FIND THE POINT OF BEGINNING;
BEGIN AT AN IRON PIN LOCATED AT
THE COMMON LAND LOT CORNERS
OF LAND LOTS 31,32, 41 AND 42; RUN
NING THENCE NORTH 88 DEGREES 27
MINUTES 28 SECONDS WEST, A DIS
TANCE OF 624.35 FEET TO AN IRON
PIN AND CORNER; RUNNING THENCE
NORTH 01 DEGREES 30 MINUTES 25
SECONDS EAST, A DISTANCE OF
30.00 FEET TO AN IRON PIN AND COR
NER; RUNNING THENCE NORTH 88
DEGREES 30 MINUTES 13 SECONDS
WEST, A DISTANCE OF 241.31 FEET
TO A POINT AND THE POINT OF
BEGINNING; RUNNING THENCE
NORTH 88 DEGREES 30 MINUTES 13
SECONDS WEST, A DISTANCE OF
900.00 FEET TO A POINT IN THE CEN
TER OF STIVERS ROAD (20 FOOT
EASEMENT) RUNNING THENCE
SOUTH 11 DEGREES 09 MINUTES 40
SECONDS WEST, A DISTANCE OF
13.44 FEET TO A POINT; RUNNING
THENCE SOUTH 08 DEGREES 55 MIN
UTES 35 SECONDS WEST, A DIS
TANCE OF 16.89 FEET TO A IRON PIN
AND CORNER ON THE NORTH LAND
LOT LINE OF LAND LOT 41; CONTINU
ING SOUTH ALONG STIVERS ROAD TO
A POINT 20 FEET SOUTH OF SAID
LAND LOT LINE; RUNNING THENCE
EAST PARALLEL TO SAID LAND LOT
LINE TO THE EAST BOUNDARY OF
THE PROPERTY DESCRIBED ABOVE;
RUNNING THENCE NORTH 50
DEGREES 15 MINUTES 39 SECONDS
WEST ALONG THE EAST BOUNDARY
OF THE PROPERTY DESCRIBED
ABOVE TO THE POINT OF BEGINNING
OF SAID EASEMENT.
TOGETHER WITH ALL OTHER BUILD
INGS, STRUCTURES, MATERIALS,
SUPPLIES, EQUIPMENT, FIXTURES
AND IMPROVEMENTS OF EVERY
NATURE WHATSOEVER SITUATED ON
THE PROPERTY OR IN ANY WAY
BELONGING, RELATING OR APPER
TAINING TO THE PREMISES OR ANY
PART THEREOF, NOW OR HERE
INAFTER ACQUIRED, AND ANY
RENTS, AWARDS, OR PAYMENTS
ARISING FROM THE PREMISES, ALL
AS SET OUR MORE SPECIFICALLY IN
THE HEREINABOVE REFERENCED
SECURITY DEED.
The debt secured by said security deed
has been and is hereby declared due
because of, among other possible events
of default, nonpayment of the debt when
due under said Note. The debt remaining
in default, the sale will be made for the
purpose of paying the same and all
expenses of the sale, including attorney's
fees (notice of intent to collect attorney's
fees having been given).
Said property will be sold subject to all
liens, encumbrances, easements and
other matters if any, to which the afore
mentioned Security Deed is junior and
inferior in terms of priority, and subject to
any and all unpaid taxes or assessments
relating to the property. To the best of the
undersigned's knowledge and belief, the
party in possession of the property is
believed to be Vincent L. Rieke a/k/a
Vincent Lee Rieke and Jeanne E. Rieke
a/k/a Jeanne Elaine Rieke and/or tenants.
The Property will be sold “as-is, where-
is” without recourse and without represen
tations or warranties of any kind or nature
whatsoever. The property may be sold at
one or more public sales as an entirety or
in separate parcels, as Grantee my elect,
and as set out in the aforementioned
Security Deed.
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.
Synovus Bank, formerly known as
Columbus Bank and Trust Company, as
successor in interest through name
change and by merger with Bank of North
Georgia, as attorney in fact for
Vincent L. Rieke a/k/a Vincent Lee Rieke
and Jeanne E. Rieke a/k/a Jeanne Elaine
Rieke
John K. Gallagher, Esq.
John K. Gallagher, P.C.
3700 Mansell Road
Suite 175
Alpharetta, Georgia 30022
(770) 346-9722
This law firm is acting as a debt collec
tor attempting to collect a debt, and any
information obtained will be used for that
purpose.
(19-22)