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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Order Entering Default Judgment filed
in the Superior Court of Jackson County, Georgia on April 3,
2001, Civil Action Number X-01-CV-0052, said judgment having
been assigned to The Bank of New York, as Trustee, pursuant to
the terms of that certain Pooling and Servicing Agreement dated
as of March 1, 2000, related to Metropolitan Mortgage Funding,
Inc., Mortgage Pass-Through Certificates, Series 2000-A, and
said judgment stemming from that Security Deed given by Wanita
Burgdoff, William Burgdoff and Shree Burgdoff to Maurice Cartey,
dated November 20, 1998, recorded in Deed Book 18-S, Page 30,
Jackson County, Georgia Records, as last transferred to The Bank
of New York, as Trustee, pursuant to the terms of that certain
Pooling and Servicing Agreement dated as of March 1, 2000, related
to Metropolitan Mortgage Funding, Inc., Mortgage Pass-Through
Certificates, Series 2000-A by assignment, recorded in Deed Book
205F, Page 61, Jackson County, Georgia Records, conveying the
after-described property to secure a Note in the original principal
amount of Fifty-Two Thousand & 0/100 Dollars ($52,000.00),
with interest thereon as set forth therein, 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 June, 2001, the following described property:
See Exhibit "A" attached hereto and made a part hereof
The amount of the default judgment (as of the date of the above
referenced Order) being $65,455.79, 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 provided 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 said Order and by law, including attorney's fees
(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 matters which might be disclosed by an accurate
survey and inspection of the property, any assessments, liens,
encumbrances, zoning ordinances, restrictions, covenants, and
matters of record superior to the Security Deed first set out
above.
To the best knowledge and belief of the undersigned, the party
in possession of the property is Wanita Burgdoff, William Burgdoff
and Shree Burgdoff or a tenant or tenants and said property is
more commonly known as 767 Timber Ridge Drive, Athens, Georgia
30607.
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.
Bank of New York, as Trustee, pursuant to the terms of that certain
Pooling and Servicing Agreement dated as of March 1, 2000, related
to Metropolitan Mortgage Funding, Inc., Mortgage Pass-Through
Certificates, Series 2000-A, as Attorney-in-Fact for Wanita Burgdoff,
William Burgdoff and Shree Burgdoff
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/bme 6/5/01
Our file no. 5459100-FT4
This law firm is acting as a debt collector attempting to collect
a debt. Any information obtained will be used for that purpose.
Exhibit "A"
All that tract or parcel of land, together with all improvements
thereon situate, lying and being in the 242nd G.M. District,
Jackson County, Georgia, being known and designated as Lot 10,
Block C, Pine Bluff Estates, Section Two, according to a plat
of survey by Ben McLeroy & Associates, Surveyors, dated August
13, 1973, and recorded in Plat Book 9, Page 160, in the Office
of the Clerk of the Superior Court of Jackson County, Georgia,
which plat is incorporated herein and made a part hereof by this
specific reference.
Situated thereon is a dwelling numbered 767 Timber Ridge Drive,
according to the present system of numbering dwellings in Jackson
County, Georgia.
Said conveyance is made subject to those certain Protective Covenants
recorded in Deed Book 5-Y, Page 228, aforesaid records.
This being the identical property as conveyed by Warranty Deed
from Sharon L. Moller to Maurice Cartey, dated January 8, 1987,
and recorded in Deed Book 9-O, Page 727, aforesaid records.
Said conveyance is made subject to that certain Deed to Secure
Debt from Wanita, William and Shree Burgdoff to Maurice Cartey,
dated November 20, 1998, and recorded in Deed Book 18-S, Page
30, aforesaid records.
(MY9,16,23,30B/930 8000)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in a Security
Deed given by Andy W. Everett and Amy L. Everett to FT Mortgage
Companies, d.b.a. HomeBanc Mortgage Corporation, dated September
14, 1998, recorded in Deed Book 18-K, Page 191, Jackson County,
Georgia Records, conveying the after-described property to secure
a Note in the original principal amount of One Hundred Fifty-One
Thousand Nine Hundred and 00/100 Dollars ($151,900.00), with
interest thereon as set forth therein, 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 June, 2001, 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
provided 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 the Security
Deed and by law, including attorney's fees (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 matters which might be disclosed by an accurate
survey and inspection of the property, any assessments, liens,
encumbrances, zoning ordinances, restrictions, covenants, and
matters of record superior to the Security Deed first set out
above.
To the best knowledge and belief of the undersigned, the party
in possession of the property is Andy W. Everett and Amy L. Everett
or a tenant or tenants and said property is more commonly known
as 817 Creekview Drive, Hoschton, GA 30548.
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.
First Horizon Home Loans Corporation, FKA FT Mortgage Companies,
as Attorney-in-Fact for Andy W. Everett and Amy L. Everett
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/ksb 6/5/01
Our file no. 5731100-FT7
The law firm is acting as a debt collector attempting to collect
a debt. Any information obtained will be used for that purpose.
Exhibit "A"
All that tract or parcel of land lying and being in G.M.D. 248
of Jackson County, Georgia; known or being designated as Lot
76 of Stone Creek Subdivision, Phase 2, as shown on a plat of
survey for Stone Creek Subdivision dated August 16, 1996, and
recorded in Plat Book 46; Page 209-210, of the Jackson County,
Georgia Plat Records, said plat is herein incorporated by reference
for a more complete description of the property.
Said property is conveyed subject to restrictive covenants for
Stone Creek Subdivision recorded in Deed Book 14-P, Page 203,
and Deed Book 15-X, Page 734, of the Jackson County, Georgia
Deed Records.
(MY9,16,23,30B/930 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, County of Jackson
Under and by virtue of the Power of Sale contained in a Security
Deed given by William McWhorter and Linda Jane McWhorter to Fleet
Finance, Inc. dated July 26, 1993, recorded in Deed Book 13-J,
Page 34, Jackson County, Georgia Records, as last transferred
to EMC Mortgage Corporation by assignment to be recorded 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 Fifty Thousand Four Hundred
and 00/100 Dollars ($50,400.00), with interest thereon as set
forth therein, 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 June, 2001, 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
provided 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 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 matters which might be disclosed by an accurate
survey and inspection of the property, any assessments, liens,
encumbrances, zoning ordinances, restrictions, covenants, and
matters of record superior to the Security Deed first set out
above.
To the best knowledge and belief of the undersigned, the party
in possession of the property is William McWhorter and Linda
Jane McWhorter or a tenant or tenants and said property is more
commonly known as 151 Cedar Drive, Commerce, GA 30659.
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.
EMC Mortgage Corporation, as Attorney-in-fact for William McWhorter
and Linda Jane McWhorter
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/mam 6/5/01
Our file no. 5583699-FT5
The law firm is acting as a debt collector attempting to collect
a debt. Any information obtained will be used for that purpose.
Exhibit "A"
All that realty situated in the 255th (Minish) District, G.M.,
Jackson County, Georgia, designated as Lot No. 2 containing 0.50
acres according to plat of survey of William McWhorter Property
by John W. Burroughs, Jr., registered surveyor, dated June 5,
1970, and recorded in Plat Book 6, Page 192, in the Office of
the Clerk of the Superior Court of Jackson County, Georgia, and
being more particularly described from August 18, 1979 re-survey
thereof by Georgia Land Surveying Co., Inc. as follows:
Beginning at a nail set at the intersection of the center line
of an unpaved road (proposed street with 30-foot right-of-way)
with the center line of an unpaved road (30 foot right-of-way),
said point of beginning also being at the line dividing property
described herein and property now or formerly owned by Reba De
La Perriere (formerly Pittman Estate); running thence South 39
degrees 26 minutes west along the northwesterly line of said
De La Perriere property, one hundred eighty-nine and nine tenths
(189.9) feet to an iron pin placed and property now or formerly
owned by Hardman; running thence north 50 degrees 27 minutes
west along the northeasterly line of said Hardman property, one
hundred sixteen and four tenths (116.4) feet to an iron pin found
and property now or formerly owned by Herschel Hill; running
thence north 39 degrees 26 minutes east along the southeasterly
line of said Hill property, one hundred eighty-nine and nine
tenths (189.9) feet to a nail set in the center line of said
unpaved road; running thence south 50 degrees 27 minutes east
along the center line of said unpaved road one hundred sixteen
and four tenths (116.4) feet to a nail set at the point of beginning.
Less and except, however, that portion of the above described
property lying and being within the right-of-way of the above
mentioned unpaved road (proposed street with 30-foot right-of-way).
There is situated on said realty a brick dwelling with the current
address of Route #6, Box 212, Commerce, Georgia 30529.
(MY9,16,23,30B/930 8000)
Notice of Sale
Notice of Sale Under
Power In Security Deed
State of Georgia
County of Fulton
Under and by virtue of the Power of Sale contained in the Security
Deed from Reed Builders, Inc. to SouthTrust Bank, National Association,
dated January 26, 2000, and recorded in Deed Book 20-V, Page
684-311, in the offices of the Clerk of the Superior Court of
Jackson County, Georgia (the "Security Deed"); and
pursuant to that certain Order Granting Relief from Stay entered
on April 18, 2001, Chapter 11 Bankruptcy Case 00-22035-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
Jackson County, Georgia, during the legal hours of sale, on the
first Tuesday in June 2001, the following described real property,
to-wit:
All that tract or parcel of land lying and being in GMD 257,
Jackson County, Georgia, being Lots 7, 9, 10 and 11, Phase II,
Hidden Meadows Subdivision, which plat is recorded in Jackson
County Plat Records at Plat Book 55, Page 246, and is incorporated
herein by reference for a more complete description.
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 Jackson County, Georgia, immediately following
the sale of the above-described real property, the following
described personal property owned by Reed Builders, Inc., or
its 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 Residential
Construction Note from Reed Builders, Inc. to SouthTrust Bank,
National Association, dated January 26, 2000, in the original
principal amount of $364,950.00 (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
foreclosable according to its terms.
The above-described real property will be sold to the highest
and best bidder for cash as the property of Reed Builders, Inc.,
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 general utility or other easements recorded against the
property in the aforesaid records; all outstanding ad valorem
taxes and/or assessments, if any; possible redemptive rights
of the Internal Revenue Service, if any; and all other prior
assessments, easements, restrictions or matters of record.
To the best of the undersigned's knowledge and belief, the real
property is presently owned by Reed Builders, Inc.
To the best of the undersigned's knowledge and belief, the party
in possession of the real property is Reed Builders, Inc., 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 Reed Builders, Inc.,
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 affecting said personal property, the proceeds to be applied
to the payment of said indebtedness, attorney's fees and the
lawful expenses of said sale, all as provided in the Security
Deed.
SouthTrust Bank, formerly known as SouthTrust Bank, National
Association, as Attorney-in-Fact for Reed Builders, Inc.
M. Todd Westfall, Esquire
Macey, Wilensky, Cohen, Wittner & Kessler, LLP
600 Marquis Two Tower
285 Peachtree Center Avenue, N.E.
Atlanta, Georgia 30303-1229
(404) 584-1200
(MY9,16,23,30P4)
Notice of Sale
Notice of Sale Under
Power In Security Deed
State of Georgia
County of Jackson
Under and by virtue of the Power of Sale contained in the Security
Deed from Reed Builders, Inc. to Branch Banking and Trust as
successor in interest to Premier Bank ("Lender") dated
January 14, 2000, and recorded in Deed Book 20-U, Page 210, in
the offices of the Clerk of the Superior Court of Jackson County,
Georgia (the "Security Deed"), and Court Order entered
in the United States Bankruptcy Court for the Northern District
of Georgia, Gainesville Division in case no. 00-22035-REB, the
undersigned will sell at public outcry to the highest and best
bidder for cash before the door of the Courthouse of Jackson
County, Georgia, during the legal hours of sale, on the first
Tuesday in June 2001, the following described real property,
to-wit:
All that tract or parcel of land lying and being in GMD 257,
Jackson County, Georgia, being Lots 2, 3, 4, 5, 28, 29, 30, 31,
32 and 40, Phase II, Hidden Meadows Subdivision, which plat is
recorded in Jackson County Plat Records at Plat Book 55, Page
246, and is incorporated herein by reference for a more complete
description.
Less and Except Lots 2, 3, 5, 28 and 40, Phase II Hidden Meadows
Subdivision.
The debt secured by the Security Deed is evidenced by a Promissory
Note dated January 14, 2000, and Amendment to Promissory Note
dated May 17, 2000, executed by Reed Builders, Inc. to Lender
in the original principal amount of $714,750.00 (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 foreclosable according to its terms.
The above-described real property will be sold to the highest
and best bidder for cash as the property of Reed Builders, Inc.,
the proceeds to be applied to the payment of said indebtedness,
attorney's fees, and the lawful expenses of said sale, all as
provided in the Note and Security Deed. The sale shall be subject
to the following: Covenants and Restrictions as supplemented
and/or amended from time to time; general utility or other easements
recorded against the property in the aforesaid records; all outstanding
ad valorem taxes and/or assessments, if any; possible redemptive
rights of the Internal Revenue Service, if any; and all other
prior assessments, easements, restrictions or matters of record.
To the best of the undersigned's knowledge and belief, the real
property is presently owned by Reed Builders, Inc. To the best
of the undersigned's knowledge and belief, the party in possession
of the real property is Reed Builders, Inc., and tenants holding
under Reed Builders Inc.
Branch Banking and Trust, successor in interest to Premier Bank,
as Attorney-in-Fact for Reed Builders, Inc.
James R. Sacca
Altman, Kritzer & Levick, P.C.
6400 Powers Ferry Road, Suite 224
Atlanta, Georgia 30339
(770) 955-3555
This law firm is attempting to collect a debt, and any information
obtained will be used for that purpose.
(MY9,16,23,30INV)
Notice of Sale
Notice of Sale Under
Power In Security Deed
State of Georgia
County of Jackson
Under and by virtue of the Power of Sale contained in the Security
Deed from Reed Builders, Inc. to Branch Banking and Trust as
successor in interest to Premier Bank ("Lender") dated
May 10, 2000, and recorded in Deed Book 21-J, Page 187, in the
offices of the Clerk of the Superior Court of Jackson County,
Georgia (the "Security Deed"), and Court Order entered
in the United States Bankruptcy Court for the Northern District
of Georgia, Gainesville Division in case no. 00-22035-REB, the
undersigned will sell at public outcry to the highest and best
bidder for cash before the door of the Courthouse of Jackson
County, Georgia, during the legal hours of sale, on the first
Tuesday in June 2001, the following described real property,
to-wit:
All that tract or parcel of land lying and being in GMD 257,
Jackson County, Georgia, being Lots 34 and 35, Phase II, Hidden
Meadows Subdivision, which plat is recorded in Jackson County
Plat Records at Plat Book 56, Page 245, and is incorporated herein
by reference for a more complete description.
The debt secured by the Security Deed is evidenced by a Promissory
Note dated May 10, 2000, executed by Reed Builders, Inc. to Lender
in the original principal amount of $142,500 (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 foreclosable according to its terms.
The above-described real property will be sold to the highest
and best bidder for cash as the property of Reed Builders, Inc.,
the proceeds to be applied to the payment of said indebtedness,
attorney's fees, and the lawful expenses of said sale, all as
provided in the Note and Security Deed. The sale shall be subject
to the following: Covenants and Restrictions as supplemented
and/or amended from time to time; general utility or other easements
recorded against the property in the aforesaid records; all outstanding
ad valorem taxes and/or assessments, if any; possible redemptive
rights of the Internal Revenue Service, if any; and all other
prior assessments, easements, restrictions or matters of record.
To the best of the undersigned's knowledge and belief, the real
property is presently owned by Reed Builders, Inc. To the best
of the undersigned's knowledge and belief, the party in possession
of the real property is Reed Builders, Inc., and tenants holding
under Reed Builders Inc.
Branch Banking and Trust, successor in interest to Premier Bank,
as Attorney-in-Fact for Reed Builders, Inc.
James R. Sacca
Altman, Kritzer & Levick, P.C.
6400 Powers Ferry Road, Suite 224
Atlanta, Georgia 30339
(770) 955-3555
This law firm is attempting to collect a debt, and any information
obtained will be used for that purpose.
(MY9,16,23,30INV)
Notice of Sale
Notice of Sale Under Power
In Deed to Secure Debt
Georgia, Jackson County
Because of a default in the payment of a promissory note dated
May 14, 1994, and by virtue of power of sale contained in a Deed
to Secure Debt of even date, executed by M.J. Rider, recorded
in Deed Book 14-H, Pages 641-642, Jackson County, Georgia Records,
Main Street Savings Bank, FSB, as current holder of said Note
and Deed to Secure Debt, has declared the indebtedness due in
full under the above-described promissory note, and, pursuant
to the power of sale contained in such Deed to Secure Debt, will,
on the first Tuesday in June, 2001, during the legal hours of
sale at the Courthouse door in Jackson County, Georgia, sell
at public outcry to the highest bidder for cash the following
property, to-wit:
All that tract or parcel of land lying and being in the Town
of Braselton, Jackson County, Georgia, and being made up of Lot
Numbers 5 and 6 of Block 10, according to a plat of survey of
Patton, Patton and Associates, Surveyors, dated September 29,
1976, said plat being recorded in the Office of the Clerk of
Superior Court of Jackson County, Georgia, in Plat Book 13, Page
208; said tract being more fully described as follows: Beginning
at an iron pin on the Eastern side of Piedmont Avenue, and being
located 230 feet from the center line of Highway 124, and thence
North 73 degrees 30' West 202.0 feet to an iron pin located on
the Eastern side of Piedmont Avenue, thence along the right of
way of Piedmont Avenue North 27 degrees 19' West 34.38 feet to
point, thence North 37 degrees 50' West 71.0 feet to an iron
pin, being the point of beginning. Bounded, according to said
plat, on the North, East, and South by other lands of Braselton
Improvement Company and on the West by Piedmont Avenue. For a
more detailed description to said tract, reference is hereby
made to said plat as recorded.
The sale will be subject to any easements, covenants, unpaid
taxes and other assessments which may encumber the property.
The sale of said property referenced above shall be subject to
the Deed to Secure Debt dated May 14, 1994, recorded in Deed
Book 14-H, Pages 641-642, Jackson County, Georgia records. The
property will be sold as the property of M.J. Rider, and the
proceeds will be applied to the payment of the indebtedness secured
by said Deed to Secure Debt, the expenses and costs of sale,
including attorney's fees as may be due under aforesaid indebtedness
and Deed to Secure Debt. Any remaining proceeds will be applied
pursuant to said Deed to Secure Debt and the laws of the State
of Georgia. The undersigned will execute a deed to the purchaser
at said sale as provided for in said Deed to Secure Debt.
This 3rd day of May, 2001.
Main Street Savings Bank, FSB, as Attorney-in-Fact for M.J. Rider
By: Brian C. Carmony, as Attorney for Main Street Savings Bank,
FSB
Strickland, Chesnutt & Lindsay, LLP
76 West Candler Street
P.O. Box 249
Winder, Georgia 30680
(770) 867-7505
This law firm is acting as a debt collector attempting to collect
a debt. Any information obtained will be used for that purpose.
(MY9,16,23,30/887 6000)
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia
Jackson County
Because of default in the payment of the indebtedness secured
by a Deed to Secure Debt executed by William and Debra Ward,
Grantors, to Arcade Homes, Inc., Grantee, dated September 10,
1998, recorded in Deed Book 18-J, Page 790, in the Office of
the Clerk of Superior Court, Jackson County, Georgia, the undersigned
has declared the entire amount of said indebtedness due and payable
and pursuant to the Power of Sale contained in said deed, will
on the first Tuesday in June, 2001, during the legal hours of
sale at the Courthouse door in Jackson County, sell at public
outcry to the highest and best bidder for cash, the following
described property:
All that tract or parcel of land lying and being in the 245th
District, G.M., Jackson County, Georgia, in the Town of Arcade,
containing 2.20 acres, more or less, and designated as Lot 29
as shown on that plat of survey for White Oak Subdivision, prepared
by Venable and Associates, Surveyors, dated April 8, 1986, and
recorded in the Office of the Clerk of Superior Court, Jackson
County, Georgia, in Plat Book 22, Page 194. Said plat, as recorded,
is hereby incorporated by reference for a more detailed description
of said property. Subject to existing easements for public roads
and utilities now in use. Also subject to Restrictive Covenants
recorded in Deed Book 9-K, Page 675, Jackson County, Georgia
Records.
The sale will be held subject to any outstanding and unpaid taxes
and/or easements and/or restrictive covenants appearing of record.
Notice has been given of intention to collect attorney's fees
in accordance with the terms of the note secured by said Deed.
Said property will be sold as the property of William and Debra
Ward, and the proceeds of said sale will be applied to the payment
of said indebtedness, the expense of said sale, all as provided
in said Deed, the undersigned will execute a deed to the purchaser
at said sale as provided in the aforementioned Deed to Secure
Debt.
Arcade Homes, Inc., as Attorney-in-Fact for William and Debra
Ward
Wanda Barnett David
P.O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(MY9,16,23,30B/783 4000)
|
Letting of Contract
Notice of Letting of Contract
State of Georgia
City of Hoschton
To Whom It May Concern:
Notice is hereby given that the City of Hoschton will let a contract
to the lowest responsible, qualified, general contractor, bidder
by sealed bids submitted to the City of Hoschton, 79 City Square,
Post Office Box 61, Hoschton, Georgia 30548, no later than 2:00
p.m. June 7, 2001, for the restoration of the Historic Hoschton
Depot. Construction Documents and Project Manuals are posted
at City Hall. Copies of such can be obtained for a non refundable
fee of $25.00. A pre-bid Conference shall be conducted on May
22, 2001, at 2:00 p.m. at the Historic Hoschton Depot, 4276 Highway
53, Hoschton. Attendance is not mandatory. Both a Performance
and a Payment Bond will be required in an amount equal to 100%
of the Contract Price. Proof of General Liability Insurance and
Workman's Compensation Insurance will be required with the City
of Hoschton listed as an additional insured. All bids must be
accompanied by a Bid Bond or Certified Funds in the amount of
5% of the Bid Amount. The City of Hoschton reserves the right
to reject any and all bids and to waive any technicalities or
irregularities and to award the bid based on the highest and
best interests of the City of Hoschton.
Mr. Billy Holder, Mayor
City of Hoschton
(MY9,16,23,30B/174 3000)
Notice
Georgia, Jackson County Probate Court
Louise F. Youngblood has petitioned to be appointed Administrator
of the estate of J.B. Youngblood, deceased, of said County. The
petitioner has also applied for waiver of bond and/or grant of
certain powers contained in O.C.G.A. §53-12-232. All interested
parties are hereby notified to show cause why said petition should
not be granted. All objections to the petition must be in writing,
setting forth the grounds of any such objections, and must be
filed with the court on or before June 4, 2001. If any objections
are filed, a hearing will be scheduled at a later date. If no
objections are filed, the petition may be granted without a hearing.
Margaret Deadwyler, Judge of the Probate Court
By: Helen Gunnels, Clerk of the Probate Court
(MY9,16,23,30B/498 2000)
Notice
Georgia, Jackson County Probate Court
Mariya Talib has petitioned to be appointed Administrator of
the estate of Sharon Talib, deceased, of said County. The petitioner
has also applied for waiver of bond and/or grant of certain powers
contained in O.C.G.A. §53-12-232. All interested parties
are hereby notified to show cause why said petition should not
be granted. All objections to the petition must be in writing,
setting forth the grounds of any such objections, and must be
filed with the court on or before June 4, 2001. If any objections
are filed, a hearing will be scheduled at a later date. If no
objections are filed, the petition may be granted without a hearing.
Margaret Deadwyler, Judge of the Probate Court
By: Helen Gunnels, Clerk of the Probate Court
(MY9,16,23,30B/498 2000)
Notice
Georgia, Jackson County
The petition of Louise F. Youngblood, for a year's support from
the Estate of J.B. Youngblood, deceased for decedent's surviving
spouse, having been duly filed, all interested persons are hereby
notified to show cause, if any they have, on or before June 4,
2001, why said petition should not be granted.
All objections to the petition must be in writing, setting forth
grounds of any such objections, and must be filed on or before
the time stated in the preceding sentence. If any objections
are filed, a hearing will be scheduled at a later date. If no
objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Margaret Deadwyler, Judge
By: Helen Gunnels, Clerk, Probate Court of Jackson County
(MY9,16,23,30B/498 2000)
Notice
Georgia, Jackson County Probate Court
The petition of Laura Marcella Pennington, for a year's support
from the estate of Richard Thomas Pennington, deceased, for decedent's
surviving spouse and minor children, having been duly filed,
all interested persons are hereby notified to show cause, if
any they have, on or before June 4, 2001, why said petition should
not be granted.
All objections to the petition must be in writing, setting forth
the grounds of any such objections, and must be filed on or before
the time stated in the preceding sentence. If any objections
are filed, a hearing will be scheduled at a later date. If no
objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Margaret Deadwyler, Judge
By: Helen Gunnels, Clerk, Probate Court of Jackson County
(MY9,16,23,30B/498 2000)
Notice
Probate Court of
Jackson County
Re: Petition of Josephine D. Harris to Probate In Solemn Form
the Will of Sally Mae Dowdy, Deceased, Upon Which An Order For
Service Was Granted By This Court On April 24, 2001
To: Unknown heirs of Charlie Shackford and Valarie Randolph and
all and singular the heirs of said decedent, and to whom it may
concern:
This is to notify you to file objection, if there is any, to
the above referenced petition, in this Court on or before June
4, 2001.
This is further to notify Janice H. Dowdy, who is required to
be served personally, to file objection, if there is any, to
the above referenced petition, in this Court on or before the
tenth (10th) day after the date you are personally served.
Be Notified Further: All objections to the petition must be in
writing, setting forth the grounds of any such objections. If
any objections are filed, a hearing will be held on April 24,
2001. If no objections are filed, the petition may be granted
without a hearing.
Witness, the Honorable Margaret Deadwyler, Judge
By: Helen Gunnels, Clerk, Probate Court of Jackson County
(MY9,16,23,30B/498 2000)
Notice of Summons
In the Juvenile Court for
the County of Barrow
State of Georgia
In the Matter of: R.L.T., A Child, Sex: Male; DOB: 09-03-86;
Age: 14
T.L.T., A Child, Sex: Male; DOB: 03-14-90; Age: 11
M.W.T., A Child, Sex: Male; DOB: 03-13-92; Age: 9
Petition #007-01J-260, 261, 262, Petition to Terminate Parental
Rights and Place Custody with the Georgia Department of Human
Resources, Acting Through the Barrow County Department of Family
and Children Services
To: Virginia Ann Tucker and Reco Derante Tucker, Lot 20, 165
Fuller Road, Athens, Georgia 30607
You are hereby notified that the above styled action seeking
to terminate your parental rights and place custody of said children
with the Georgia Department of Human Resources, acting through
the Barrow County Department of Family and Children Services,
was filed in said Court on April 16, 2001, and that by reason
of Order for Service by Publication entered by the Court on May
8, 2001, you are hereby commanded and required to file with the
Clerk of said Court and serve upon John R. Laseter, Attorney
for Petitioner, whose address is P.O. Box 1054, 216 N. Midland
Avenue, Monroe, Georgia 30655 an answer to the petition within
60 (sixty) days of the date of the Order for Service by Publication.
Copy of petition is attached to this summons or, if this summons
is served by publication, can be obtained from the Clerk of this
Court during business hours. Final hearing in this matter is
scheduled for 9:00 o'clock a.m. on August 3, 2001, the hearing
to be held in the Juvenile Courtroom, Barrow County Courthouse,
Winder, Georgia.
This is a summons requiring you to be in Court. If you fail to
come to Court as required, you may be held in Contempt of Court
and punished accordingly.
Now, therefore, you the party named above, are commanded to be
and appear on the date(s) and time(s) stated herein and to remain
in attendance from hour to hour, day to day, month to month,
year to year, and time to time, as said case may be continued,
and until discharged by the Court, and you are commanded to lay
any and all other business aside and to be and appear before
the Juvenile Court of Barrow County, Georgia, located at Barrow
County Courthouse, Winder, Georgia on the date(s) and time(s)
specified in this summons, and you the said parent, guardian
or legal custodian are likewise hereby commanded to be and appear
with the aforesaid children in said Court at the time(s) and
place(s) herein stated, each of you then and there to make defense
thereto and to show cause why the said children and all parties
named herein should not be dealt with according to the provisions
of law.
In accordance with O.C.G.A. §15-11-96(b) you are hereby
notified that this proceeding and the hearing(s) specified herein
is for the purpose of terminating your paternal rights.
READ CAREFULLY
This Summons requires you to be present at a formal hearing in
the Juvenile Court.
The children or other parties involved may be represented by
a lawyer at all stages of these proceedings.
If you want a lawyer, you may choose and hire your own lawyer.
If you want to hire a lawyer, please contact your lawyer immediately.
If you want a lawyer but are not able to hire a lawyer without
undue financial hardship, you may ask for a lawyer to be appointed
to represent you. The Court would inquire into your financial
circumstances and if the Court finds you to be financially unable
to hire a lawyer, then a lawyer will be appointed to represent
you.
If you want a lawyer appointed to represent you, you must let
the Court or the officer of this Court handling this case know
that you want a lawyer immediately.
Witness, the Honorable Kevin Guidry, Judge of said Court.
This 8th day of May, 2001.
Martha B. Skinner, Deputy Clerk, Juvenile Court, Barrow County,
Georgia
(MY16,23,30,JU6INV)
Pethel Estate
Notice to Debtors
and Creditors
State of Georgia
Jackson County
In Re: Estate of Winnie L. Pethel, Deceased
All creditors of the estate of Winnie L. Pethel, deceased, late
of Jackson County, are hereby notified to render their demands
to the undersigned according to law, and all persons indebted
to said estate are required to make immediate payment to me.
This 9th day of May, 2001.
Shirley J. Watkins, Executor of the Estate of Winnie L. Pethel,
Deceased
(MY16,23,30,JU6P4)
Public Notice
Notice to the Public
You Are Hereby Notified that on the 5th day of June, 2001, at
8:45 a.m., at the Jackson County Courthouse in the City of Jefferson,
Georgia, the presiding Judge of the Jackson County Superior Court,
will hear the case of the State of Georgia versus Development
Authority of Jefferson, Georgia, and Building Investment Company,
LLC, Civil Action File Number X01-CV-0463 in Jackson County Superior
Court, the same being a proceeding to confirm and validate an
issue of Development Authority of Jefferson, Georgia Tax-Exempt
Revenue Bonds (Building Investment Company, LLC Project), Series
2001, in the aggregate principal amount of $2,800,000. The Bonds
are to be issued by the Development Authority of Jefferson, Georgia
(the "Authority"), for the purpose of financing the
cost of (1) acquiring, constructing and installing certain improvements
constituting a manufacturing facility of the Borrower to be leased
to MM Systems Corporation, located in Walnut Fork Business Park
in the City of Jefferson, Jackson County, Georgia, constituting
a 74,000 square foot manufacturing facility, and (2) issuing
the Bonds. Said Project will be financed by the Authority for
the benefit of the Borrower pursuant to a Loan Agreement, dated
as of May 1, 2001. In said proceeding the Court will also pass
upon the validity of said Loan Agreement, an Indenture of Trust,
a Letter of Credit, and a Remarketing Agreement in connection
therewith.
Any citizen of the State of Georgia residing in Jackson County,
Georgia, or any other person wherever residing who has a right
to object, may intervene and become a party to this proceeding.
This 18th day of May, 2001.
Reba Parks, Clerk, Superior Court, Jackson County, Georgia
(MY23,30B/251 3000)
Public Notice
The Braselton Mayor and Town Council will hold a public hearing
on Thursday, June 7, 2001, at 4 p.m. for the purpose of hearing
public comments on the following requests:
01-400
Amended request for rezoning from Mulberry River Associates of
61.9 total acres located on Highway 211 at Thompson Mill (a.k.a
Liberty Church) Road. Currently zoned PCFD. Requested zoning
is PUD with mixed commercial and residential uses planned.
01-600
Request for variance from Watkins Assoc. Developers as to number
of parking places required for a shopping center planned for
10 acres on Highway 211 at Barrow Bid Book 175, Page 577.
All those having an interest in these requests should be present
at that time.
(MY23,30B/171 2000)
Public Notice
The Town of Braselton will hold a public hearing on Friday, June
1, 2001, at 4 p.m. for the purpose of discussing the proposed
budget for the fiscal year beginning July 1, 2001, and ending
June 30, 2002. The proposed budget is available for public inspection
at the Town Hall during regular business hours. The Town Council
will vote on the proposed budget at their regularly scheduled
meeting on June 11, 2001, at 7 p.m. at the Town Hall.
(MY23,30B/171 1000)
Wiley Estate
Notice to Debtors
and Creditors
State of Georgia
County of Jackson
In Re: Estate of Hugh Terrell Wiley
All creditors of the Estate of Hugh Terrell Wiley, deceased,
late of Jackson County, Georgia, are hereby notified to render
their demands to the undersigned according to law, and all persons
indebted to said estate are required to make immediate payment
to the undersigned.
This 17th day of May, 2001.
Susan Lynn Wiley, Executrix of the Estate of Hugh Terrell Wiley,
Deceased
7285 Hwy. 53
Braselton, GA 30517
(MY23,30,JU6,13P4)
Ivie Estate
Notice to Debtors
and Creditors
State of Georgia
Jackson County
In Re: Estate of John Kelly Ivie, Deceased
All creditors of the estate of John Kelly Ivie, deceased, late
of Jackson County, are hereby notified to render their demands
to the undersigned according to law, and all persons indebted
to said estate are required to make immediate payment to me.
This 17th day of May, 2001.
Kelly Ivie Woodham, Executor of the Estate of John K. Ivie, Deceased
(MY23,30,JU6,13P4)
Inc. Notice
Notice is given that Articles of Incorporation that will incorporate
Cleaning Your Way, Inc., have been delivered to the Secretary
of State for filing in accordance with the Georgia Business Corporation
Code. The initial registered office of the corporation is located
at 191 Pinetree Circle, Maysville, GA 30558, and its initial
registered agent at such address is Cathie Fiedler.
(MY23,30P2)
Public Notice
The Town of Braselton will hold a public hearing on June 20,
2001, at 4:00 p.m. on the following request:
01-500
Amended request for annexation and rezoning from Strickland River
Farms, LLC of 214 acres located in unincorporated Barrow and
Gwinnett Counties on the Northside quadrant of the crossroads
of Highway 211 and Liberty Church, a.k.a. Thompson Mill Road.
Currently zoned Agriculture. Requested zoning is PUD with a mixed-use
residential and commercial community planned.
(MY30,JU6,13B/171 1000)
Notice
In the Superior Court
of Jackson County
State of Georgia
In Re: Petition of Robert Sanders and Judy Sanders for the Termination
of Parental Rights of John Keith Teal and Petition for Adoption
of John Anthony Teal
Notice of Summons
To: John Keith Teal
You are hereby notified that a Petition for Termination of your
Parental Rights to the above-named child has been filed in this
Court by the Petitioners, who are the physical custodians of
the child. You may obtain a copy of the Petition from the Clerk
of this Court, Jackson County Superior Court, P.O. Box 7, Jefferson,
Georgia 30549, during regular business hours, or a free copy
will be mailed to you at your request.
You are hereby notified that a hearing for the purpose of terminating
your parental rights will be held by the Court in Jackson County
Superior Court, 85 Washington Street, Jefferson, Georgia, on
the 7th day of August, 2001, at 9:00 a.m. at which time you should
make your objections known.
The relief being sought by the Petitioners is to terminate your
parental rights. An order terminating the parental rights of
a parent is without limit as to duration and terminates all of
his or her rights and obligations with respect to the child and
all rights and obligations of the child to the parent arising
from the parental relations, including the rights of inheritance.
A parent is not thereafter entitled to notice of proceedings
for the adoption of the child by another nor has he or she any
right to object to the adoption or otherwise participate in the
proceedings.
You have the right to be represented by an attorney.
In the exercise of the Court's discretion and the interest of
the child, the child need not be brought before the Court at
the hearing.
Witness, the Honorable Robert W. Adamson, Judge of the Superior
Court of Jackson County.
This 18th day of May, 2001.
By: Reba Parks, Clerk of Court
(MY30,JU6,13,20P4)
Notice
In the Superior Court
of Jackson County
State of Georgia
In Re: Petition of Marcus Wayne Carter, Step-parent, For the
Adoption of Claudia Alexis Dawn Ramsey, Date of Birth - January
12, 1996, 5 years old, A Minor Female Child.
Civil Action File No. 01-08
Notice of Summons
To Whom It May Concern and Theodore J. Clark, biological father
of the minor child, Claudia Alexis Dawn Ramsey.
You are hereby notified that the above-styled action which seeks
the termination of the parental rights of Theodore J. Clark,
as to the minor child, Claudia Alexis Dawn Ramsey, was filed
against you in said Court on May 24th, 2001. A copy of the petition
may be obtained by the child's parents, legal guardians, lawful
custodian, and the person presently having physical custody of
the child at the Jackson County Courthouse in Jefferson, Georgia,
in the Office of the Clerk of Court. By reason of an Order for
Service by Publication entered by the Court on May 22nd, 2001,
you are hereby COMMANDED AND REQUIRED to appear before the Superior
Court of Jackson County, Georgia, in Jefferson, Georgia, on August
6th, 2001, at 9:30 o'clock a.m. The effect of the termination
Order requested shall be to terminate the parental rights and
obligations of Theodore J. Clark, biological father, with respect
to the minor child, Claudia Alexis Dawn Ramsey, and of the child
to him arising out of the parental relationship, including rights
of inheritance.
Further, be advised that the biological father of the minor child,
reputedly Theodore J. Clark, shall lose any and all rights to
said minor child and will neither receive notice nor be entitled
to object to the adoption of the minor child unless, within 30
days of receipt of such notice, he files a petition to legitimate
the minor child pursuant to O.C.G.A. Section 19-7-22; and notice
of the filing of said Petition to Legitimate with the Court in
which the above-styled petition is pending, and to the person
who provided such notice to the father, to-wit: Paula O'Neal
Free, Post Office Box 494, Jefferson, Georgia 30549.
Witness, the Honorable T. Penn McWhorter, Judge of said Court.
This the 22nd day of May, 2001.
T. Penn McWhorter, Judge
Superior Court of Jackson County
(MY30,JU6,13P3)
Name Change
State of Georgia
County of Jackson
Notice is hereby given that Christopher Russell Laskey, the undersigned,
filed his petition to the Superior Court of Jackson County, Georgia,
on the 24th day of May, 2001, praying for a change in the name
of petitioner from Christopher Russell Laskey to Christopher
Deklan Laskey. Notice is hereby given pursuant to law to any
interested or affected party to appear in said Court and to file
objections to such name change. Objections must be filed with
said Court within 30 days of the filing of said petition.
This 24th day of May, 2001.
Christopher Russell Laskey
(MY30,JU6,13,20P4)
McGinnis Estate
Notice to Debtors
and Creditors
State of Georgia
Jackson County
In Re: Estate of James Michael McGinnis, Deceased
All creditors of the estate of James Michael McGinnis, deceased,
late of Jackson County, are hereby notified to render their demands
to the undersigned according to law, and all persons indebted
to said estate are required to make immediate payment to me.
This 24th day of May, 2001.
Dale G. McGinnis, Executor of the Estate of James Michael McGinnis,
Deceased
(MY30,JU6,13,20P4)
Citation
Probate Court of
Jackson County
In the Matter of Easton Cole Fields, Minor
Re: Petition of Patricia W. Fields for Appointment as Temporary
Guardian of the Person
To: Unknown Father of Easton Cole Fields
All objections to the Petition described above must be in writing,
setting forth the grounds of any such objections, and must be
filed with this Court no later than the close of business 14
days after this notice is mailed or 10 days after this notice
is first published or served by the sheriff upon the recipient,
whichever is later.
This 11th day of May, 2001.
Witness, the Honorable Margaret Deadwyler
By: Helen Gunnels, Clerk, Probate Court
(MY30,JU6B/498 1000)
Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation, which will incorporate
Chapman Golf, Inc., will be delivered to the Secretary of State
for filing in accordance with the Georgia Business Corporation
Code. The initial registered office of the corporation will be
located at 758 Lee Street, Jefferson, Jackson County, Georgia
30549-1358. The initial registered agent of the corporation at
such address shall be Chris Chapman.
David H. Robertson
D.H. Robertson & Associates, P.C.
2154 Fountain Square
Snellville, GA 30078
(770) 736-5182
(MY30,JU6P2)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in the payment of the indebtedness secured
by a Security Deed executed by Jeffery W. Manders to Norwest
Mortgage, Inc., now Wells Fargo Home Mortgage, Inc., dated June
25, 1997, and recorded in Deed Book 16-T, Page 360, Jackson County
Records, securing a Note in the original principal amount of
$79,900.00, the holder thereof pursuant to said Deed and Note
thereby secured has declared the entire amount of said indebtedness
due and payable and, pursuant to the power of sale contained
in said Deed, will on the first Tuesday, June 5, 2001, during
the legal hours of sale, before the Courthouse door in said County,
sell at public outcry to the highest bidder for cash, the property
described in said Deed, to-wit:
All that tract of parcel of land, together with all improvements
thereon, situate, lying and being in the 248th G.M.D., Jackson
County, Georgia, being shown and designated as 8.6131 acres on
a plat of survey entitled "Survey for Linda Deaton,"
dated April 9, 1997, prepared by James Robert Cheatham, said
plat being recorded at Plat Book 49, Page 300, in the records
of the Clerk of the Superior Court for Jackson County, Georgia,
said plat being incorporated herein by reference for a more complete
description of the above property.
Said property is known as 865 Ward Road, Hoschton, Georgia 30548,
together with all fixtures and personal property attached to
and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem
taxes (including taxes which are a lien, whether or not now due
and payable), the right of redemption of any taxing authority,
any matters which might be disclosed by an accurate survey and
inspection of the property, any assessments, liens, encumbrances,
zoning ordinances, restrictions, covenants, and matters of record
superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the
sale is not prohibited under the U.S. Bankruptcy Code and (2)
to final confirmation and audit of the status of the loan with
the holder of the Security Deed.
Notice has been given of intention to collect attorney's fees
in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Jeffery W. Manders,
the property, to the best information, knowledge and belief of
the undersigned, being presently in the possession of Jeffery
W. Manders, and the proceeds of said sale will be applied to
the payment of said indebtedness and all the expenses of said
sale, including attorney's fees, all as provided in said Deed,
and the balance, if any, will be distributed as provided by law.
Wells Fargo Home Mortgage, Inc., formerly Norwest Mortgage, Inc.,
as Attorney-in-Fact for Jeffery W. Manders
File No. 99-3821
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/KS
The law firm is acting as a debt collector. Any information obtained
will be used for that purpose.
(MY9,16,23,30P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in the payment of the indebtedness evidenced
by the Note (as hereinafter described), secured by a Deed to
Secure Debt from William Douglas Carter ("Grantor")
to Premier Bank, dated December 18, 1998, filed for record in
Deed Book 19-B, Pages 493-499, in the Office of the Clerk of
the Superior Court of Jackson County, Georgia, (hereinafter called
the "Security Deed"), the undersigned, Branch Banking
and Trust Company, successor-in-interest to Premier Bank, pursuant
to said Security Deed and that certain Promissory Note dated
December 18, 1998, in the original principal amount of $50,000.00,
(hereinafter called the "Note"), has declared the entire
amount of said indebtedness due and payable. Therefore, pursuant
to and by virtue of the power of sale contained in the Security
Deed, there will be sold by the undersigned at public outcry
to the highest and best bidder for cash before the Courthouse
door on the courthouse steps at Jackson County, Georgia, within
the legal hours of sale on the first Tuesday in June, 2001, the
following described property:
All That Tract or Parcel of Land lying and being in the 245th
General Militia District of Jackson County, Georgia, and being
Tracts 10 and 11, of Brian Berry Estates Subdivision all as more
particularly shown on a plat of said estate subdivision recorded
at Plat Book 23, Page 27, Jackson County Plat Records which plat
is incorporated herein by reference thereto for a more complete
description of said tracts, together with all fixtures and personal
property attached to and constituting a part of said property,
and replacements and additions.
Together With all of the buildings, building materials, fixtures
and improvements on, in and to the property and all the rights
the Grantor has in the property or the rents or proceeds from
the property, and all easements, rights, rents, royalties, mineral,
oil and gas rights, profits and water rights.
The indebtedness secured by the Security Deed has been and is
hereby declared due because of default under the terms of said
Note and Security Deed. The indebtedness remaining in default,
the sale will be made for the purpose of the applying the proceeds
thereof to the payment of the indebtedness secured by the Security
Deed, accrued interest and expenses of the sale and all other
payments provided for under the Security Deed, including permitted
attorney's fees as provided for in the Note and Security Deed,
notice of intention to collect attorney's fees and expenses of
the foreclosure having been given as provided by law and as provided
by the terms of the Security Deed; and the remainder, if any,
shall be applied as provided by law.
To the best knowledge and belief of the undersigned, William
Douglas Carter has vacated said property. Title to the property
has been transferred to Temprega, LLC. Said property will be
sold subject to any prior restrictive convenants, easements,
rights-of-way, valid zoning ordinances, matters which would be
disclosed by an accurate survey of the property or by an inspection
of the property, and any liens or encumbrances superior to the
Security Deed first set out above, and subject to all outstanding
taxes, assessments, and utility bills which may constitute a
lien against said property, whether due and payable or not yet
due and payable.
Branch Banking and Trust Company
Kaufman, Chaiken, Miller & Klorfein
By: Larry L. Ruff, Attorneys for Branch
Banking and Trust Company
400 Perimeter Center Terrace, N.E.
Suite 720
Atlanta, Georgia 30346-1234
(770) 390-9200
(MY9,16,23,30INV)
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