Madison County Public Notices 05-28-2009 pt 1

Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SIDY KANE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 19, 2006, recorded in Deed Book 983, Page 93, Madison 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 Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-FIVE THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($185,600.00), 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 Madison County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Sidy Kane or a tenant or tenants and said property is more commonly known as 226 Hidden Falls Drive, Hull, Georgia 30646.
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 Sidy Kane
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jm6 6/2/09
Our file no. 52071107-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 382nd G.M. District, Madison County, Georgia, being Lot 7, Hidden Falls Subdivision, as per plat recorded in plat book B-109 page 8, Madison County, Georgia Records, which recorded plat is incorporated herein by this reference and made a part of this description. Said property being known as 226 Hidden Falls Drive according to the present system of numbering houses in Madison County, Georgia.
This deed is subject to all easements, covenants and restrictions of record, if any.
Parcel ID # H001-016-A06
(MY7,14,21,28B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by EMILY A. BESSETTE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 17, 2003, recorded in Deed Book 638, Page 161, Madison County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SEVEN THOUSAND SIX HUNDRED TWENTY-FOUR AND 0/100 DOLLARS ($87,624.00), 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 Madison County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC Home Loan Servicing, LP, 5401 North Beach Street, MS FWTX-35, Fort Worth, TX 76137, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Emily A. Bessette or a tenant or tenants and said property is more commonly known as 458 New Hope Road, Comer, Georgia 30629.
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.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP as Attorney in Fact for Emily A. Bessette
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 6/2/09
Our file no. 51098509-FT4
EXHIBIT A
All that tract or parcel of land, situate, lying and being in the 205th District, G.M., Madison County, Georgia, containing 5.03 acres, more or less, particularly Shown as Tract 3-a according to a Plat for “Robert L. Rosamond, Jr.”, by James M. Paul, Registered Land Surveyor No. 1530 dated November 10, 1999, and recorded in Plat Book 39, Page 234, in the office of the clerk of the Superior Court of Madison County, Georgia Records, and being incorporated herein for a more particular description.
Also conveyed is a non-exclusive ingress-egress easement over above and through the “20 foot private access drive, 1.13 acres” as shown on above said Plat. The ingress-egress easement may be moved by grantor and Will be shown on a Plat to be recorded at a later date.
(MY6,13,20,27B/12062-70T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID E. THOMPSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for AMERICA’S WHOLESALE LENDER, dated August 9, 2006, recorded August 11, 2006, in Deed Book 00935, Pages 0048-0060, Madison County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of FIFTY-FOUR THOUSAND AND 00/100 DOLLARS ($54,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Countrywide Home Loans Servicing, LP, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Madison County, Georgia, within the legal hours of sale on the first Tuesday in June, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, lying and being in the Grovehill District, 382nd G.M.D., Madison County, Georgia, containing 4.0 acres, more or less, and being more particularly described on a plat of survey prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated November 30, 1989, recorded in Plat Book 27, Page 112, Madison County Records. This is a portion of the same land conveyed to Henry A. Lassiter by warranty deed dated September 6, 1983, recorded in Deed Book I-7, Page 203, Madison County Records.
There is a 1995 Fleetwood, Eagle Trace manufactured (mobile) home serial Nos. FAGL554A76153ET11, B76152ET11 and C76152ET11, located on the land which is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the real property.
This conveyance is made subject to the restrictive covenants recorded in Deed Book K-9, Page 516, Madison County, Georgia Records.
Said property is commonly known as 2155 Waggoners Grove Church Road, Colbert, GA 30628.
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 remaining 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; special 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 possession of the property is David E. Thompson, David E. Thompson, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
COUNTRYWIDE HOME LOANS SERVICING, LP as Attorney in Fact for DAVID E. THOMPSON
Lender Contact: COUNTRYWIDE, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. 09-01918-2
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(MY7,14,21,28B/18915-70)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
By virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale from CARL I. ROBERTSON to BRANCH BANKING & TRUST COMPANY as successor to Main Street Bank, dated April 18, 2001, and recorded in Deed Book 341, Page 17, MADISON County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of SIXTY THOUSAND TWO HUNDRED SIXTY SIX AND NO/100 DOLLARS ($60,266.00) with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at MADISON County, Georgia, within the legal hours of sale on Tuesday, June 2, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
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, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Carl I. Robertson, or a tenant or tenants, and said property is more commonly known 2143 Hwy 106 N., Danielsville, MADISON County, Georgia 30633. However, please rely only on the metes and bounds legal description contained in this notice for the location of the property.
Branch Banking & Trust Company Attorney in Fact for Carl I. Robertson
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in 282nd District, G.M., Madison County, Georgia designated as Tract 1, encompassing 0.704 acres, more or less, as shown on a plat of survey entitled “Survey for Paula M. James,” by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated October 22, 1999 and being of record in the Office of the Clerk of the Superior Court for Madison County, Georgia in Plat Book 16, Page 592, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description.
Also conveyed is a 40’ road easement for ingress and egress as shown on the above referenced plat of survey.
The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the real property.
This property is more particularly described as follows: Beginning as a point on the west side of Georgia Hwy. 106, which point is 0.15 mile from the intersection of Georgia Hwy. 106 and Wesley Chapel Road, running thence south 85 degrees 17 minutes 00 seconds west 209.0 to an iron pin; running thence south 58 degrees 27 minutes 00 seconds west 139.94 feet to a point which is the TRUE POINT OF BEGINNING; running thence south 04 degrees 14 minutes 55 seconds east 188.42 feet to a point; running thence south 74 degrees 45 minutes 15 seconds east 134.49 feet to a iron pin; running thence south 26 degrees 11 minutes 50 seconds east 86.81 feet to an iron pin; running thence south 84 degrees 56 minutes 25 seconds west 212.53 feet to an iron pin; running thence north 04 degrees 14 minutes 55 seconds west 289.33 feet to an iron pin; running thence north 58 degrees 27 minutes 00 seconds east 59.98 feet to THE TRUE POINT OF BEGINNING.
(MY7,14,21,28P4)

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Notice of Sale
Advertisement of Sale Under Power of Sale
in Security Deed
State of Georgia
County of Madison
Under and by virtue of the power of sale contained in that certain Security Deed (hereinafter known as the “Security Deed”) from GINNY ALLEN f/k/a GINNY ESPINO and NIKKI ALLEN to FREEDOM BANK OF GEORGIA, now known as NORTHEAST GEORGIA BANK, dated December 3, 2007 and recorded on December 10, 2007 in Deed Book 1072, Pages 74-79, records of Madison County, Georgia. This Security Deed secures a Note dated December 3, 2007, in the original principal amount of $58,760.18, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Madison County, Georgia, within the legal hours of sale on the first Tuesday in June, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying improvements thereon, situate, lying and being in the 204th GMD of Madison County, Georgia, and fronting on the Eastside of the Colbert-Danielsville Road, and containing 2.00 acres, more or less, and being known as Tract II, and prepared by Ray N. Woods, RLS, dated August 2, 1986, Court Deed Records. Said Plat of survey and the record thereof is incorporated herein for a more complete description of said tract.
Together with manufactured home located on said premises identified as VIN Numbers GMHGA1169611532A and GMHGA1169611532B.
Being known as 2285 Colbert-Danielsville Road, according to the present system of numbering houses in Madison County, Georgia.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Ginny Allen f/k/a Ginny Espino and Nikki Allen and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Ginny Allen f/k/a Ginny Espino and Nikki Allen, and tenant or tenants, if any.
NORTHEAST GEORGIA BANK f/k/a Freedom Bank of Georgia
Northeast Georgia Bank f/k/a Freedom Bank of Georgia As Attorney-in-fact for: Ginny Allen f/k/a Ginny Espino and Nikki Allen
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY7,14,21,28P4)

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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RYAN W. PORTERFIELD to PRIMARY CAPITAL ADVISORS LC, dated July 30, 2002, recorded in Deed Book 476, Page 111, Madison County, Georgia Records, as last transferred to Wells Fargo Bank, Home Mortgage, Inc. by assignment to be recorded in Deed Book 622, Page 43, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTEEN THOUSAND AND 0/100 DOLLARS ($113,000.00), 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 Madison County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, 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 attorneys fees (notice of intent to collect attorneys 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Ryan W. Porterfield or a tenant or tenants and said property is more commonly known as 529 Veterans Drive, Danielsville, Georgia 30633.
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.
Wells Fargo Bank, NA. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for Ryan W. Porterfield
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mxk 6/2/09
Our file no. 51022809-FT7
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 204th District, G.M. of Madison County, Georgia, containing 1.10 acres, more or less, lying to the south of Veterans Drive, and being more particularly shown and delineated as Tract 2 by that certain plat of survey entitled “Survey & Plat for: Bron H. Porterfield”, prepared by F. B. Flournoy, Georgia registered surveyor, dated March 1, 1999, and recorded in Plat Book 35, Page 444, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said plat and record being incorporated herein by reference
(MY7,14,21,28B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of Power of Sale contained in Deed to Secure Debt from OTIS G. RIDEN, hereinafter GRANTOR, in favor of AMERICAN GENERAL FINANCIAL SERVICES, INC., dated the 30th day of June, 2006, and recorded the 10th day of July, 2006, in Deed Book 925, Page 77, Madison County, Georgia Records; said Deed to Secure Debt being given to secure a Promissory Note of even date in the original principal amount of FIVE THOUSAND SIX HUNDRED NINETY SIX AND 50/100THS DOLLARS ($5,696.50), with interest from date as stated therein; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at MADISON County, Georgia, within the legal hours of sale on the first Tuesday in JUNE, 2009, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being situated in the 205th G.M. District, Madison County, Georgia, and being more accurately described in that certain quitclaim deed from Lonnie Walton and Buffie L. Bolton, Administrator of the Estate of Marion Walton to Buffie L. Bolton and Taffeney T. Bolton, dated November 11, 1996 and being further described in that plat of survey by James Flanders, Surveyor, dated March 29, 1971 recorded in Plat Book 13, Page 44, of the Madison County Deed Records whereon said lot is denominated as Lot 6 of Block C of Pine Meadows Subdivision; description contained in the above deed and plat are incorporated by reference into this instrument; see also Deed Book D-8, Page 136.
This is the same property conveyed by Quitclaim Deed from Double “O” Bonding Company, Inc., a Georgia Corporation to Otis Riden, dated 6/28/2006, recorded 7/10/2006, in Deed Book 925, Page 76, Madison County, Georgia Records.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees. Said property will be sold subject to any outstanding ad valorem taxes, special assessments, unpaid utility bills constituting liens against the property, and all Deeds to Secure Debt, liens and encumbrances existing when the above-described Deed to Secure Debt was filed for record. To the best of the undersigned’s knowledge, information and belief, equitable title to this property is held by OTIS RIDEN. This property is located at 832 Clairmont Road, Comer, GA 30629.
AMERICAN GENERAL FINANCIAL SERVICES, INC. as Attorney-in-Fact for the above-named Grantor
AMERICAN GENERAL FINANCIAL SERVICES, INC.
by Robert W. Broome, Attorney
1800 Peachtree Street, NW Suite 445
Atlanta, Georgia 30309
#404-350-8349
(MY7,14,21,28B/1331-50P)

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Notice of Sale
Notice of Sale Under Power in Security Deed
Georgia, Madison County
By virtue of the Power of Sale contained in the Security Deed from LOUIS SKOMER and TRESA SKOMER to SUSAN SWINFORD and WAYNE SWINFORD, dated May 1, 2003, recorded in Deed Book 570, Page 74, in the Office of the Clerk of the Superior Court of Madison County, Georgia, given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND NO/100 DOLLARS ($72,000.00), with interest from said date at the rate as stated in said Note on the unpaid balance until paid, there will be sold at public outcry to the highest and best bidder for cash before the Courthouse door of Madison County, Georgia, within the legal hours of sale on the first Tuesday in June, 2009, the following described property:
All that tract or parcel of land, with all improvements thereon, situate, lying and being in the 204th District, G.M., Madison County, Georgia, containing 1.15 acres, more or less, and being more particularly shown and designated as “Lot 1, 1.15 acres” on a plat of survey entitled “Survey for Martin Van Horn”, dated August 2, 1983, by Sherald G. Sharp, Georgia Registered Land Surveyor, recorded in Plat Book 21, Page 127, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said plat being incorporated herein by reference thereto.
There is situate on said tract a dwelling known as 989 Fowler Freeman Road, Danielsville, GA 30633, according to the present system of numbering houses in Madison County, Georgia.
The improvements on the property include a Chadwick Mobile Home, Serial #GAFLVO5A27162CW11 and Serial #GAFLVO5B27162CW11, with Title #35360618 and Title #35360617, which mobile home has been permanently affixed to the real estate and is a part thereof, the parties to this security deed having agreed to same.
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, Louis Skomer and Tresa Skomer are in possession of said property.
Susan Swinford and Wayne Swinford, as attorney in fact for Louis Skomer and Tresa Skomer
Robert B. Bates
Cook, Noell, Tolley & Bates, LLP
304 East Washington Street
Athens, GA 30601
(706) 549-6111
(MY6,13,20,27P4)

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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated August 27, 2007, executed by TRINA D. STRICKLAND A/K/A TRINA LYNN DUVALL, A/K/A TRINA LYNN STRICKLAND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 1051, Pages 26-40, Madison County, Georgia Deed Records, and securing a Note in the original principal amount of $243,000.00, Mortgage Electronic Registration Systems, Inc., the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2009, to-wit: June 2, 2009, during the legal hours of sale, before the Madison County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land situate, lying and being in the 383rd GMD, Madison County, Georgia, containing 2.01 acres as shown on survey and plat entitled “Survey for Wedgewood” made by James M. Paul, Registered Land Surveyor, dated November 17, 1980, a copy of said plat being recorded in Plat Book 19, Page 711, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said property lying on the westerly side of County Dirt Road No. 185. Plat and record are by reference incorporated herein.
The aforedescribed real property is also known as 1238 Hunt Road, Danielsville, Georgia, according to the present system of numbering houses in Madison County, Georgia.
This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of TRINA D. STRICKLAND A/K/A TRINA LYNN DUVALL, A/K/A TRINA LYNN STRICKLAND 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 Security Deed and the excess proceeds, if any, will be distributed as provided by law.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for TRINA D. STRICKLAND A/K/A TRINA LYNN DUVALL, A/K/A TRINA LYNN STRICKLAND
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY7,14,21,28B/1328-60T4P)

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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 and Security Agreement from CHARLES C. DINSMORE (the “Grantor”) to and in favor of GEORGIAN BANK (the “Lender”) dated November 8, 2005, filed for record November 21, 2005, and recorded in Deed Book 00859, Pages 0080-0102, Madison County, Georgia Records, as modified by that certain Modification of Note and Deed to Secure Debt by and between Grantor and Lender, dated May 23, 2007, filed for record July 3, 2007, and recorded in Deed Book 01032, Pages 0256-0258, aforesaid records (the “First Modification”), as further modified by that certain Loan Modification Agreement by and between Grantor, Earth Resources, Inc. (“ERI”), Dinsmore Grading, Inc. (“Grading”), and Lender dated August 28, 2007, filed for record October 1, 2007, and recorded in Deed Book 01056, Pages 0092-0107, aforesaid records (the “Second Modification”) (as modified, the “Security Deed”); securing i) that certain renewal Promissory Note from Grantor to and in favor of Lender dated March 28, 2008 in the original principal sum of TWO MILLION FIVE HUNDRED TWO THOUSAND TWO HUNDRED SEVENTY-FOUR AND 00/100 DOLLARS ($2,502,274.00); ii) that certain renewal Promissory Note from Grantor to and in favor of Lender dated March 28, 2009 in the original principal sum of TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000.00); iii) that certain renewal Promissory Note from Grantor to and in favor of Lender dated March 28, 2008 in the original principal sum of SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($600,000.00); iv) that certain renewal Promissory Note from Grantor to and in favor of Lender dated March 28, 2008 in the original principal sum of TWO MILLION THREE HUNDRED TWENTY-FIVE THOUSAND FORTY-SIX AND 00/100 DOLLARS ($2,325,046.00); and v) that certain renewal Promissory Note from ERI to and in favor of Lender dated March 28, 2008 in the original principal sum of TWO MILLION ONE HUNDRED FORTY-FIVE THOUSAND AND 00/100 DOLLARS ($2,145,000.00) (collectively, the “Notes”); there will be sold at public outcry by Lender 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 June, 2009, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
Tract No. 2:
All that tract or parcel of land lying and being in GMD 262, Madison County, Georgia, and being more particularly described as follows:
BEGINNING at the point of intersection of the center line of Lamar Creek with the southeasterly right of way Alvin Fort Lamar Road (80 foot right of way) and running thence generally southwesterly along the center line of said creek the following courses and distances: south 26 degrees 51 minutes 23 seconds west 107.71 feet; south 02 degrees 52 minutes 03 seconds east 05.66 feet; south 28 degrees 03 minutes 53 seconds west 143.57 feet, south 55 degrees 21 minutes 40 seconds west 117.39 feet; south 38 degrees 14 minutes 24 seconds east 100.00 feet; south 37 degrees 31 minutes 55 seconds west 219.75 feet; south 45 degrees 10 minutes 22 seconds west 113.48 feet; south 04 degrees 40 minutes 57 seconds west 408.60 feet; south 49 degrees 58 minutes 06 seconds west 84.82 feet; south 04 degrees 56 minutes 36 seconds west 240.00 feet; south 16 degrees 14 minutes 53 seconds west 147.55 feet; south 36 degrees 40 minutes 10 seconds west 75.53 feet; south 63 degrees 58 minutes 09 seconds west 50.20 feet; north 07 degrees 24 minutes 25 seconds west 38.88 feet; north 15 degrees 16 minutes 11 seconds west 57.09 feet; south 67 degrees 36 minutes 15 seconds west 43.36 feet; south 50 degrees 30 minutes 20 seconds west 129.89 feet; south 55 degrees 14 minutes 16 seconds west 115.91 feet; south 80 degrees 15 minutes 26 seconds west 162.72 feet; south 64 degrees 19 minutes 23 seconds west 177.95 feet; south 50 degrees 19 minutes 50 seconds west 184.24 feet; south 36 degrees 58 minutes 12 seconds west 153.58 feet; south 40 degrees 35 minutes 51 seconds west 103.99 feet; south 71 degrees 40 minutes 35 seconds west 110.22 feet; south 63 degrees 22 minutes 52 seconds west 171.24 feet; thence leaving the center line of said creek and running thence north 50 degrees 27 minutes 13 seconds west 407.88 feet to an iron pin set; running thence north 74 degrees 06 minutes 13 seconds west 555.06 feet to a point; running thence north 75 degrees 12 minutes 13 seconds west 1,160.28 feet to an iron pin set; running thence north 82 degrees 06 minutes 57 seconds west 2,189.78 feet to a 55” post oak; running thence north 42 degrees 11 minutes 26 seconds east 261.09 feet to an iron pin set on the southwesterly right of way of Alvin Fort Lamar Road; running thence generally northeasterly along the southeasterly right of way of Alvin Fort Lamar Road the following courses and distances: south 70 degrees 06 minutes 27 seconds east 187.91 feet; south 71 degrees 16 minutes 02 seconds east 178.12 feet; south 74 degrees 32 minutes 10 seconds east 117.51 feet; south 78 degrees 56 minutes 40 seconds east 102.38 feet; south 83 degrees 21 minutes 49 seconds east 103.02 feet; south 86 degrees 08 minutes 17 seconds east 96.30 feet; north 88 degrees 59 minutes 46 seconds east 121.40 feet; north 84 degrees 55 minutes 06 seconds east 115.20 feet; north 80 degrees 20 minutes 15 seconds east 105.14 feet; north 75 degrees 45 minutes 29 seconds east 106.15; north 71 degrees 59 minutes 00 seconds east 103.25 feet; north 67 degrees 58 minutes 32 seconds east 107.98 feet; north 63 degrees 04 minutes 49 seconds east 137.79 feet; north 58 degrees 42 minutes 30 seconds east 103.90 feet; north 56 degrees 28 minutes 45 seconds east 401.76 feet; north 59 degrees 14 minutes 35 seconds east 150.50 feet; north 65 degrees 54 minutes 33 seconds east 94.76 feet; north 67 degrees 03 minutes 32 seconds east 88.69 feet to an iron pin set; thence leaving said right of way and running thence south 71 degrees 08 minutes 45 seconds east 1,350.23 feet to an iron pin found; running thence north 54 degrees 06 minutes 15 seconds east 1,402.50 feet to an iron pin set; running thence south 89 degrees 53 minutes 45 seconds east 409.20 feet to an iron pin set; running thence north 07 degrees 06 minutes 15 seconds east 119.80 feet to an iron pin set on the southeasterly right of way of Alvin Fort Lamar Road; running thence north 80 degrees 28 minutes 57 seconds east along said right of way 177.58 feet to a point; running thence north 80 degrees 16 minutes 06 seconds east along said right of way 462.23 feet to the POINT OF BEGINNING; being a tract of 108.11 acres, shown as Tract No. 2 on survey for Charles C. Dinsmore, by Slate & Assoc.. Inc., dated February 21, 1997, last revised September 12, 2005.
Tract No. 3:
All that tract or parcel of land lying and being in GMD 262 of Madison County, Georgia, and being more particularly described as follows:
BEGINNING at the point of intersection of the center line of Lamar Creek with the northeasterly right of way of Bishop Carey Road (60 foot right of way); running thence generally northeasterly along the center line of Lamar Creek the following courses and distances; north 30 degrees 06 minutes 36 seconds east 171.88 feet; north 43 degrees 13 minutes 36 seconds east 139.00 feet; north 24 degrees 06 minutes 36 seconds east 129.90 feet; north 25 degrees 10 minutes 36 seconds east 212.00 feet; south 72 degrees 21 minutes 36 seconds west 96.00 feet; north 42 degrees 50 minutes 24 seconds west 169.90 feet; north 34 degrees 07 minutes 36 seconds east 160.01 feet; south 44 degrees 53 minutes 24 seconds east 63.00; north 34 degrees 09 minutes 36 seconds east 99.90 feet; north 24 degrees 42 minutes 24 seconds west 118.00 feet; north 30 degrees 24 minutes 20 seconds west 332.00 feet; north 30 degrees 10 minutes 36 seconds east 175.10 feet; north 52 degrees 06 minutes 36 seconds east 245.04 feet; north 84 degrees 07 minutes 36 seconds east 80.90 feet; north 34 degrees 06 minutes 36 seconds east 160.00 feet; south 86 degrees 39 minutes 24 seconds east 109.10 feet; north 64 degrees 06 minutes 36 seconds 174.92; north 46 degrees 09 minutes 36 seconds east 145.30 feet; south 79 degrees 49 minutes 24 seconds east 75.06 feet; south 59 degrees 52 minutes 24 seconds east 118.00 feet; north 89 degrees 53 minutes 02 seconds east 97.87 feet; thence leaving the center line of said creek and running thence north 07 degrees 02 minutes 47 seconds east 1,560.38 feet to an iron pin set; running thence south 75 degrees 12 minutes 13 seconds east 1,160.28 feet to a point; running thence south 74 degrees 06 minutes 13 seconds east 555.06 feet to an iron pin set; running thence south 50 degrees 27 minutes 13 seconds east 407.88 feet to a point in the center line of Lamar Creek; running thence northeasterly along the center line of Lamar Creek the following courses and distances: north 63 degrees 22 minutes 52 seconds east 171.24 feet; north 71 degrees 40 minutes 35 seconds east 110.22 feet; north 40 degrees 35 minutes 51 seconds east 103.99 feet; north 36 degrees 58 minutes 12 seconds east 153.58 feet; thence leaving the center line of said creek and running thence south 79 degrees 19 minutes 07 seconds east 3,006.20 feet to an iron pin set; running thence north 13 degrees 43 minutes 07 seconds west 131.67 feet to an iron pin set on the southwesterly right of way Georgia Highway No. 106 (100 feet right of way), which point is 0.40 miles as measured along said right of way from its intersection with the southerly right of way of Alvin Fort Lamar Road; running thence southeasterly along the southwesterly right of way Georgia Highway No. 106 the following courses and distances: south 41 degrees 39 minutes 51 seconds east 147.92 feet, south 54 degrees 09 minutes 30 seconds east 177.01 feet; south 67 degrees 20 minutes 46 seconds east 171.08 feet; south 78 degrees 11 minutes 47 seconds east 168.45 feet; south 80 degrees 34 minutes 37 seconds east 186.34 feet; south 80 degrees 44 minutes 26 seconds east, 168.45 feet; south 78 degrees 02 minutes 45 seconds east 170.27 feet; south 70 degrees 33 minutes 29 seconds east 84.02 feet; south 62 degrees 59 minutes 49 seconds east 161.36 feet; south 53 degrees 11 minutes 17 seconds east 158.81; south 42 degrees 54 minutes 33 seconds east 172.16 feet; south 13 degrees 39 minutes 01 seconds east 125.33 feet; south 23 degrees 58 minutes 16 seconds east 156.71 feet; south 14 degrees 05 minutes 34 seconds east 165.66 feet; south 05 degrees 04 minutes 54 seconds east 101.01 feet; south 01 degrees 15 minutes 24 seconds west 100.69 feet; south 06 degrees 22 minutes 11 seconds west 60.69 feet to an iron pin set; thence leaving said right of way and running thence north 82 degrees 54 minutes 51 seconds west 1,332.03 feet to a rock pile at nail found; running thence south 13 degrees 29 minutes 59 seconds 1,241.39 feet to an iron pin set; running thence north 81 degrees 51 minutes 37 seconds west 251.02 feet to an 8” hickory tree; running thence north 81 degrees 51 minutes 37 seconds west 2,851.22 feet to an iron pin set; running thence south 08 degrees 39 minutes 52 seconds west 982.74 feet to an iron pin set; running thence south 08 degrees 50 minutes 49 seconds west 2,094.92 feet to a point in the center line of a branch; running thence generally northwesterly along the center line of said branch the following courses and distances: south 71 degrees 44 minutes 16 seconds west 22.93 feet; north 69 degrees 00 minutes 01 seconds west 60.21 feet; north 00 degrees 42 minutes 21 seconds east 85.00 feet; north 14 degrees 03 minutes 00 seconds east 30.03 feet; north 23 degrees 50 minutes 00 seconds west 42.43 feet; north 88 degrees 37 minutes 03 seconds west 88.63 feet; south 59 degrees 49 minutes 35 seconds west 32.03 feet; north 17 degrees 29 minutes 35 seconds west 32.02 feet; north 60 degrees 45 minutes 32 seconds west 121.86 feet; thence north 42 degrees 05 minutes 23 seconds west 135.10 feet; north 07 degrees 53 minutes 50 seconds west 103.53 feet; north 28 degrees 19 minutes 54 seconds west 161.76 feet; north 42 degrees 17 minutes 53 seconds east 42.64 feet; north 54 degrees 19 minutes 50 seconds west 84.56 feet; north 01 degrees 08 minutes 13 seconds east 95.93 feet; north 49 degrees 55 minutes 53 seconds east 42.49 feet; north 60 degrees 45 minutes 58 seconds west 113.30 feet; north 45 degrees 57 minutes 37 seconds west 11.54 feet; north 14 degrees 57 minutes 57 seconds west 98.22 feet; south 86 degrees 29 minutes 24 seconds east 103.43 feet; north 28 degrees 59 minutes 11 seconds west 100.05 feet; thence leaving said center line and running thence north 63 degrees 58 minutes 28 seconds west 1,844.76 feet to an iron pin found; running thence south 73 degrees 01 minutes 32 seconds west 301.62 feet to an iron pin set; running thence south 55 degrees 01 minutes 32 seconds west 60.38 feet to a point on the northerly right of way of Bishop Carey Road; running thence generally northwesterly along the northeasterly right of way of Bishop Carey Road the following courses and distances; north 84 degrees 09 minutes 59 seconds west 80.16 feet; north 70 degrees 46 minutes 00 seconds west 99.60 feet; north 57 degrees 46 minutes 32 seconds west 101.61 feet; north 46 degrees 20 minutes 55 seconds west 98.44 feet; north 40 degrees 00 minutes 14 seconds west 62.16 feet; north 30 degrees 13 minutes 34 seconds west 157.85 feet; north 24 degrees 50 minutes 57 seconds west 51.98 feet; north 24 degrees 50 minutes 57 seconds west 491.89 feet to the intersection of the center line of Lamar Creek and the POINT OF BEGINNING; being a tract of 512.63 acres as shown on survey for Charles C. Dinsmore, by Slate by Assoc., Inc., dated February 21, 1997, and being Tract No 3. on said survey, last revised September 12, 2005.
Tract No. 4:
All that tract or parcel of land lying and being in GMD 262, Madison County, Georgia, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at the intersection of the center line of Lamar Creek with the southeasterly right of way of Alvin Fort Lamar Road (80 foot right of way) and running thence generally southwesterly along the center line of said creek the following courses and distances: south 26 degrees 51 minutes 23 seconds west 107.71 feet; south 02 degrees 52 minutes 03 seconds east 85.66 feet; south 28 degrees 03 minutes 53 seconds west 143.57 feet; south 55 degrees 21 minutes 40 seconds west 117.39 feet, south 38 degrees 14 minutes 24 seconds east 100.00 feet; south 37 degrees 31 minutes 55 seconds west 219.75 feet; south 45 degrees 10 minutes 22 seconds west 113.48 feet; south 04 degrees 40 minutes 57 seconds west 408.60 feet; south 49 degrees 58 minutes 06 seconds west 84.82 feet; south 04 degrees 56 minutes 36 seconds west 240.00 feet; south 16 degrees 14 minutes 53 seconds west 147.55 feet; south 36 degrees 40 minutes 10 seconds west 75.53 feet; south 63 degrees 58 minutes 09 seconds west 50.20 feet; north 07 degrees 24 minutes 25 seconds west 38.88 feet; north 15 degrees 16 minutes 11 seconds west 57.09 feet; south 67 degrees 36 minutes 15 seconds west 43.36 feet; south 50 degrees 30 minutes 20 seconds west 129.89 feet; south 55 degrees 14 minutes 16 seconds west 115.91 feet; south 80 degrees 15 minutes 26 seconds west 162.72 feet; south 64 degrees 19 minutes 23 seconds west 177.95 feet; south 50 degrees 19 minutes 50 seconds west 184.24 feet; thence leaving the center line of said creek, running thence south 79 degrees 19 minutes 07 seconds east 3,006.20 feet to an iron pin set; running thence north 13 degrees 43 minutes 07 seconds west 131.67 feet to an iron pin set on the southwesterly right of way of Georgia Highway No. 106 (100 foot right of way), which point of 0.40 miles southeasterly, as measured along said right of way, from its intersection with the southerly right of way of Alvin Fort Lamar Road; running thence generally southeasterly along the southwesterly right of way Georgia Highway No. 106 the following courses and distances: south 41 degrees 39 minutes 51 seconds east 147.92 feet; south 54 degrees 09 minutes 30 seconds east 177.01 feet; south 67 degrees 20 minutes 46 seconds east 171.08 feet; south 78 degrees 11 minutes 47 seconds east 168.45 feet; south 80 degrees 34 minutes 37 seconds east 186.34 feet; south 80 degrees 44 minutes 26 seconds East 168.45 feet; south 78 degrees 02 minutes 45 seconds east 170.27 feet; south 70 degrees 33 minutes 29 seconds 84.02 feet; south 62 degrees 59 minutes 49 seconds east 161.36 feet; south 53 degrees 11 minutes 17 seconds east 158.81 feet; south 42 degrees 54 minutes 33 seconds east 172.16 feet; south 33 degrees 39 minutes 01 seconds east 125.33 feet; south 23 degrees 58 minutes 16 seconds east 156.71 feet; south 14 degrees 05 minutes 34 seconds east 165.66 feet; south 05 degrees 04 minutes 54 seconds east 101.01 feet south 01 degrees 15 minutes 24 seconds west 100.69 feet; south 06 degrees 22 minutes 11 seconds west 60.69 feet to an iron pin set at the true TRUE POINT OF BEGINNING; from the TRUE POINT OF BEGINNING thus established, running thence north 82 degrees 54 minutes 51 seconds west 1,332.03 feet to a rock pile at nail found/ running thence south 13 degrees 29 minutes 59 seconds west 1,241.39 feet to an iron pin set; running thence north 81 degrees 51 minutes 37 seconds west 251.02 feet to a 8” hickory tree; running thence south 23 degrees 24 minutes 52 seconds west 458.73 feet to an iron pin set; running thence south 78 degrees 05 minutes 08 seconds east 200.06 feet to an iron pin found; running thence south 79 degrees 02 minutes 04 seconds east 339.99 feet to an iron pin found; running thence south 40 degrees 33 minutes 33 seconds east 164.94 feet to an iron pin found; running thence south 45 degrees 31 minutes 46 seconds east 175.54 feet to an iron pin found; running thence; running thence south 42 degrees 59 minutes 54 seconds east 209.25 feet to an iron pin found; running thence south 52 degrees 32 minutes 46 seconds east 99.19 feet to an iron pin found; running thence south 60 degrees 58 minutes 50 seconds east 91.01 feet to an iron pin found; running thence south 83 degrees 57 minutes 07 seconds east 193.82 feet to an iron pin found; running thence south 85 degrees 56 minutes 05 seconds east 74.84 feet to an iron pin set; running thence north 13 degrees 36 minutes 23 seconds east 134.64 feet to an iron pin set; running thence south 86 degrees 23 minutes 37 seconds east 339.36 feet to an iron pin set on the westerly right of way of Georgia Highway No. 106; running thence north 14 degrees 42 minutes 30 seconds east 97.44 feet along said westerly right of way; running thence north 12 degrees 23 minutes 41 seconds east 146.90 feet along said westerly right of way; running thence north 09 degrees 40 minutes 51 seconds east 1,430.17 feet along the said right of way to a point; running thence north 08 degrees 15 minutes 49 seconds east 311.89 feet along said right of way to an iron pin set at the TRUE POINT OF BEGINNING; being a tract of 66.18 acres designated as Tract No. 4 of survey for Charles C. Dinsmore by Slate & Assoc., Inc, dated February 21, 1997, last revised September 12, 2005 (the “Land”).
Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulation or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes, owned by Grantor and attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles, building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever now or hereafter owned by Grantor and located in, on or about, or use or intended to be used with or in connection with the use, operation or enjoyment of the Land, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposits or payments now or hereafter made by Grantor or on behalf of Grantor, all trade-names, trademarks, servicemarks, logos and goodwill related thereto which in any way now or hereafter belong, relate or appertain to the Land or any part thereof or are now or hereafter acquired by Grantor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described herein above, all of which are hereby declared and shall be deemed to be fixtures and accessions to the Land and a part of the Land as between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described and to be secured by the Security Deed. The location of the above described collateral is also the location of the Land.
Together with all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Land or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor.
Together with all income, rents, issues, profits and revenues of the Land from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, or Grantor of, in and to the same.
The indebtedness evidenced by the Notes is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable 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 without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the 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 restrictions, easements and other matters of record that are prior to the Security Deeds 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 undersigned’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.
GEORGIAN BANK As Attorney-in-Fact for CHARLES C. DINSMORE
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY7,14,21,28P4)