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PAGE 10B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. DECEMBER 31.2009
Public Notices Continued
pose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-7203
(DC10.17,24,31B/224-60)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in
that certain Real Estate
Deed to Secure Debt from
STAR HOME BUILDERS
INC. (the “Grantor”) to and
in favor of HOMESTEAD
BANK n/k/a SECURITY BANK
OF GWINNETT COUNTY
(“Lender”), as transferred and
assigned by the FEDERAL
DEPOSIT INSURANCE
CORPORATION (“FDIC”),
as Receiver for Lender, to
STATE BANK AND TRUST
COMPANY (“Holder”), dated
April 11, 2007, filed for record
May 7, 2007, and recorded in
Deed Book 1015, Pages 167-
172, Madison County, Georgia
Records, and re-recorded on
July 23, 2007, in Deed Book
01038, Pages 0044-0050,
aforesaid records, as assigned
by that certain Assignment
(the “Assignment”) by and
between FDIC and Holder filed
in public records of Madison
County, Georgia (as assigned,
the “Security Deed”); secur
ing i) that certain Universal
Note from Grantor to and in
favor of Lender dated April
11, 2007 in the original prin
cipal sum of ONE HUNDRED
THIRTY-SEVEN THOUSAND
AND 00/100 DOLLARS
($137,000.00); ii) that certain
Universal Note from Grantor
to and in favor of Lender
dated April 11, 2007 in the
original principal sum of ONE
HUNDRED TWENTY-NINE
THOUSAND AND 00/100
DOLLARS ($129,000.00);
and, iii) that certain Universal
Note from Grantor to and in
favor of Lender dated April
11, 2007 in the original prin
cipal sum of ONE HUNDRED
THIRTY-FOUR THOUSAND
AND 00/100 DOLLARS
($134,000.00); (the Universal
Notes described in (i) through
(iii) collectively, the “Notes”) as
assigned by the Assignment;
there will be sold at public out
cry 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 Madison
County, Georgia, on the first
Tuesday in January, 2010,
the following described land,
improvements and appurte
nances (hereinafter collectively
referred to as the “Premises”)
to wit:
All that tract or parcel of
land lying and being in the
382nd District GM of Madison
County, Georgia, and being
designated as Lots 9,10, and
13, BlockAof Covey Landing
Subdivision, according to
that plat of survey recorded
in Plat Book B180, Pages 1A
through 3A, Madison County,
Georgia which plat is incor
porated herein and made a
part hereof by reference for a
more complete description of
the property conveyed herein
(the “Land”).
Together with all rights,
easements, appurtenances,
royalties, mineral rights, oil
and gas rights, crops, tim
ber, all diversion payments or
third party payments made to
crop producers, all water and
riparian rights, wells, ditches,
reservoirs, and water stock
and all existing and future
improvements, structures, fix
tures, and replacements that
may now, or at any time in
the future, be part of the real
estate described above.
The indebtedness evidenced
by the Notes is due and pay
able and remains unpaid. The
Security Deed therefore has
become and is now subject
to foreclosure according to
its terms. Accordingly, the
Premises will be sold at public
outcry pursuant 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 hav
ing been given), then to the
payment 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 Notes and
Security Deed. The Premises
shall be sold as the property of
Grantor, subject to all restric
tions, 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
tenants of the Grantor.
STATE BANK AND TRUST
COMPANY as assignee of
the Federal Deposit Insurance
Corporation, as Receiver for
Security Bank of Gwinnett
County,
AsAttorney-in-FactforSTAR
HOME BUILDERS 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
(DC10,17,24,31 P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in that
certain Deed to Secure Debt
from STAR HOME BUILDERS
INC. (the “Grantor”) to and in
favor of HOMESTEAD BANK
n/k/a SECURITY BANK OF
GWINNETT COUNTY (the
“Lender”), as transferred and
assigned by the FEDERAL
DEPOSIT INSURANCE
CORPORATION (“FDIC”), as
Receiver for Lender, to State
Bank and Trust Company
(“Holder”), dated February 9,
2007, filed for record March
7, 2007, and recorded in
Deed Book 00995, Pages
0151-0156, Madison County,
Georgia Records, as assigned
by that certain Assignment
(the “Assignment”) by and
between FDIC and Holder filed
in public records of Madison
County, Georgia (as assigned,
the “Security Deed”); securing
i) that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); ii)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007, in the original principal
sum of ONE HUNDRED FOUR
THOUSAND AND 00/100
DOLLARS ($104,000.00); iii)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); iv)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); v)
that certain Universal Note
from Grantor to and in favor of
Lender dated February 9,2007
in the original principal sum
of ONE HUNDRED EIGHT
THOUSAND AND 00/100
DOLLARS ($108,000.00); vi)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED FOUR
THOUSAND AND 00/100
DOLLARS ($104,000.00); vii)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); viii)
that certain Universal Note
from Grantor to and in favor of
Lender dated February 9,2007
in the original principal sum
of ONE HUNDRED EIGHT
THOUSAND AND 00/100
DOLLARS ($108,000.00); ix)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED FOUR
THOUSAND AND 00/100
DOLLARS ($104,000.00); x)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); xi)
that certain Universal Note
from Grantor to and in favor of
Lender dated February 9,2007
in the original principal sum
of ONE HUNDRED EIGHT
THOUSAND AND 00/100
DOLLARS ($108,000.00); xii)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED FOUR
THOUSAND AND 00/100
DOLLARS ($104,000.00); xiii)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); xiv)
that certain Universal Note
from Grantor to and in favor of
Lender dated February 9,2007
in the original principal sum
of ONE HUNDRED EIGHT
THOUSAND AND 00/100
DOLLARS ($108,000.00); xv)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); xvi)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); xvii)
that certain Universal Note
from Grantor to and in favor of
Lender dated February 9,2007
in the original principal sum
of ONE HUNDRED EIGHT
THOUSAND AND 00/100
DOLLARS ($108,000.00); xiii)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED FOUR
THOUSAND AND 00/100
DOLLARS ($104,000.00); xix)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); xx)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED FOUR
THOUSAND AND 00/100
DOLLARS ($104,000.00); xxi)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); xxii)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00);
xxiii) that certain Universal
Note from Grantor to and in
favor of Lender dated February
9, 2007 in the original principal
sum of ONE HUNDRED FOUR
THOUSAND AND 00/100
DOLLARS ($104,000.00);
xxiv) that certain Universal
Note from Grantor to and in
favor of Lender dated February
9, 2007 in the original principal
sum of ONE HUNDRED ONE
THOUSAND AND 00/100
DOLLARS ($101,000.00); xxv)
that certain Universal Note
from Grantor to and in favor
of Lender dated February 9,
2007 in the original principal
sum of ONE HUNDRED FOUR
THOUSAND AND 00/100
DOLLARS ($104,000.00); and,
xxvi) that certain Universal
Note from Grantor to and in
favor of Lender dated February
9, 2007 in the original principal
sumofONE HUNDRED EIGHT
THOUSAND AND 00/100
DOLLARS ($108,000.00) (
the Universal Notes described
in (i) through (xxvi) collectively
the “Notes”) as assigned by
the Assignment; 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 Madison County,
Georgia, on the first Tuesday
in January, 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 the 382nd
GMD of Madison County,
Georgia and being designated
as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17,
18, 19, 20, 21, 25, 27, 29, 6B,
and 15B of Noah’s Landing
Subdivision according to that
Plat of Survey for Southern
Pride Land and Development
by Carroll Surveying, LLC,
certified by Stacy C. Carroll,
GA RLS, dated December
16, 2006 and recorded in Plat
Book B175, Pages 4A and
5A, Madison County, Georgia
Records, which plat is incorpo
rated herein and made a part
hereof by reference thereto
for a more complete descrip
tion of the property conveyed
herein (the “Land”).
Together with all rights,
easements, appurtenances,
royalties, mineral rights, oil
and gas rights, all water and
riparian rights, ditches, and
water stock and all existing and
future improvements, struc
tures, fixtures, and replace
ments that may now, or at
any time in the future, be part
of the real estate described
above.
The indebtedness evidenced
by the Notes is due and pay
able and remains unpaid. The
Security Deed therefore has
become and is now subject
to foreclosure according to
its terms. Accordingly, the
Premises will be sold at public
outcry pursuant 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 hav
ing been given), then to the
payment 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 Notes and
Security Deed. The Premises
shall be sold as the property of
Grantor, subject to all restric
tions, 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
tenants of the Grantor.
STATE BANK AND TRUST
COMPANY as assignee of the
Federal Deposit Insurance
Corporation, as Receiver for
Security Bank of Gwinnett
County,
AsAttorney-in-FactforSTAR
HOME BUILDERS 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
(DC10,17,24,31P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt from HUDSON RENTAL
PROPERTIES, INC. (the
“Grantor”) to and in favor
of SECURITY BANK OF
GWINNETT COUNTY (the
“Lender”), as transferred and
assigned by the FEDERAL
DEPOSIT INSURANCE
CORPORATION (“FDIC”),
as Receiver for Lender, to
STATE BANK AND TRUST
COMPANY (“Holder”), dated
October 29, 2008, filed for
record November 13, 2008,
and recorded in Deed Book
01146, Pages 206-212,
Madison County, Georgia
Records, as assigned by
that certain Assignment (the
“Assignment”) by and between
FDIC and Holder filed in public
records of Madison County,
Georgia (as assigned, the
“Security Deed”); securing
that certain Promissory Note
from Grantor to and in favor
of Lender dated October 29,
2008 in the original princi
pal sum of ONE HUNDRED
THIRTY THOUSAND SEVEN
HUNDRED SIXTY-ONE
AND 50/100 DOLLARS
($130,761.50) as assigned to
Holder by the Assignment (as
assigned, the “Note”); there
will be sold at public outcry
by Holder as attorney-in-fact
of Grantor to the highest bid
der for cash between the
legal hours for sale before the
Courthouse door in Madison
County, Georgia, on the first
Tuesday in January, 2010,
the following described land,
improvements and appurte
nances (hereinafter collectively
referred to as the “Premises”)
to wit:
All that tract or parcel of
land lying and being in the
382nd District GM of Madison
County, Georgia, and
being designated as Lot 6,
Block A of Covey Landing
Subdivision, according to
that plat of survey recorded
in Plat Book B180, Pages 1A
through 3A, Madison County,
Georgia Records, which plat is
incorporated herein and made
a part hereof by reference
thereto for a more complete
description of the property
conveyed herein (the “Land”).
The indebtedness evi
denced by the Note is due and
payable and remains unpaid.
The Security Deed therefore
has become and is now sub
ject to foreclosure according
to its terms. Accordingly, the
Premises will be sold at public
outcry pursuant 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 hav
ing been given), then to the
payment of all sums secured
by the Security Deed, and
the remainder, if any, will be
paid to the person or per
sons legally entitled thereto,
all as provided in the Note and
Security Deed. The Premises
shall be sold as the property of
Grantor, subject to all restric
tions, 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
tenants of the Grantor.
STATE BANK AND TRUST
COMPANY as assignee of the
Federal Deposit Insurance
Corporation, as Receiver for
Security Bank of Gwinnett
County,
As Attorney-in-Fact
for HUDSON RENTAL
PROPERTIES, 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
(DC10,17,24,31 P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt from HUDSON RENTAL
PROPERTIES, INC. (the
“Grantor”) to and in favor
of SECURITY BANK OF
GWINNETT COUNTY (the
“Lender”), as transferred and
assigned by the FEDERAL
DEPOSIT INSURANCE
CORPORATION (“FDIC”),
as Receiver for Lender, to
STATE BANK AND TRUST
COMPANY (“Holder”), dated
October 29, 2008, filed for
record November 13, 2008,
and recorded in Deed Book
01146, Pages 197-203,
Madison County, Georgia
records, as assigned by
that certain Assignment (the
“Assignment”) by and between
FDIC and Holder filed in public
records of Madison County,
Georgia (as assigned, the
“Security Deed”); securing
that certain Promissory Note
from Grantor to and in favor
of Lender dated October 29,
2008 in the original princi
pal sum of ONE HUNDRED
FORTY THOUSAND EIGHT
HUNDRED THIRTY-EIGHT
AND 50/100 DOLLARS
($140,838.50) as assigned to
Holder by the Assignment (as
assigned, the “Note”); there
will be sold at public outcry
by Holder as attorney-in-fact
of Grantor to the highest bid
der for cash between the
legal hours for sale before the
Courthouse door in Madison
County, Georgia, on the first
Tuesday in January, 2010,
the following described land,
improvements and appurte
nances (hereinafter collectively
referred to as the “Premises”)
to wit:
All that tract or parcel of
land lying and being in the
382nd District GM of Madison
County, Georgia, and
being designated as Lot 2,
Block A of Covey Landing
Subdivision, according to
that plat of survey recorded
in Plat Book B180, Pages 1A
through 3A, Madison County,
Georgia Records, which plat is
incorporated herein and made
a part hereof by reference
thereto for a more complete
description of the property
conveyed herein (the “Land”).
The indebtedness evi
denced by the Note is due and
payable and remains unpaid.
The Security Deed therefore
has become and is now sub
ject to foreclosure according
to its terms. Accordingly, the
Premises will be sold at public
outcry pursuant 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 hav
ing been given), then to the
payment of all sums secured
by the Security Deed, and
the remainder, if any, will be
paid to the person or per
sons legally entitled thereto,
all as provided in the Note and
Security Deed. The Premises
shall be sold as the property of
Grantor, subject to all restric
tions, 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
tenants of the Grantor.
STATE BANK AND TRUST
COMPANY as assignee of the
Federal Deposit Insurance
Corporation, as Receiver for
Security Bank of Gwinnett
County,
As Attorney-in-Fact
for HUDSON RENTAL
PROPERTIES, 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
(DC10,17,245,31P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt from HUDSON RENTAL
PROPERTIES, INC. (the
“Grantor”) to and in favor
of SECURITY BANK OF
GWINNETT COUNTY (the
“Lender”), as transferred and
assigned by the FEDERAL
DEPOSIT INSURANCE
CORPORATION (“FDIC”), as
Receiver for Lender, to STATE
BANKANDTRUSTCOMPANY
(“Holder”), dated January 14,
2009, filed for record January
23, 2009, and recorded in
Deed Book 01156, Pages
243-245, Madison County,
Georgia Records, as assigned
by that certain Assignment
(the “Assignment”) by and
between FDIC and Holder filed
in public records of Madison
County, Georgia (as assigned,
the “Security Deed”); secur
ing that certain Promissory
Note from Grantor to and in
favor of Lender dated January
14, 2009 in the original princi
pal sum of ONE HUNDRED
THIRTY-EIGHT THOUSAND
SEVEN HUNDRED THIRTY-
FIVE AND 50/100 DOLLARS
($138,735.50) as assigned to
Holder by the Assignment (as
assigned, the “Note”); there
will be sold at public outcry
by Holder as attorney-in-fact
of Grantor to the highest bid
der for cash between the
legal hours for sale before the
Courthouse door in Madison
County, Georgia, on the first
Tuesday in January, 2010,
the following described land,
improvements and appurte
nances (hereinafter collectively
referred to as the “Premises”)
to wit:
All that tract or parcel of
land lying and being in the
382nd District GM of Madison
County, Georgia, and
being designated as Lot 1,
Block A of Covey Landing
Subdivision, according to
that plat of survey recorded
in Plat Book B180, Pages 1A
through 3A, Madison County,
Georgia Records, which plat is
incorporated herein and made
a part hereof by reference
thereto for a more complete
description of the property
conveyed herein (the “Land”).
The indebtedness evi
denced by the Note is due and
payable and remains unpaid.
The Security Deed therefore
has become and is now sub
ject to foreclosure according
to its terms. Accordingly, the
Premises will be sold at public
outcry pursuant 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
continued on following page