Madison County Public Notices 06-11-2009 pt 2

gpn11
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 July, 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
(JN11,18,25,JN2P4)

gpn11
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 i) 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 0050-0068, 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 01033, Pages 0001-0003, 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 further modified by that certain Corrective Modification Agreement by and between Grantor and Lender dated March 28, 2008, filed for record June 2, 2008, and recorded in Deed Book 01114, Pages 0010-0011, aforesaid records, re-recorded August 1, 2008, and recorded in Deed Book 01126, Pages 0204-0205, aforesaid records (the “Third 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 July, 2009, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
Parcel One:
ALL that tract or parcel of land situate, lying and being in the 203rd GMD, Madison County, Georgia, being 649.526 acres, more or less, together with all improvements thereon, on the waters of South Fork Broad River and Broad River, and being more particularly shown and designated on a plat prepared by Carroll Surveying, LLC, Stacy C. Carroll, Registered Surveyor, dated September 11, 2003, recorded in Plat Book B115, pages 6A and 7A, Madison County Records, which plat is incorporated herein and made a part hereof by reference.
Parcel Two:
ALL that tract or parcel of land situate, lying and being in the 203rd GMD, Madison County, Georgia, being 159.792 acres, more or less, together with all improvements thereon, on the waters of Broad River, and being more particularly shown and designated on a plat prepared by Carroll Surveying, LLC, Stacy C. Carroll, Registered Surveyor, dated September 11, 2003, recorded in Plat Book B115, pages 6A and 7A, Madison County Records, which plat is incorporated herein and made a part hereof by reference (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, which are 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 mad 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 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 Deeds, 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 Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the 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
(JN11,18,25,JU2P4)

Gpn10
Notice
In the Superior Court
of Madison County
State of Georgia
Civil Action File No. 09MV532H
NANCY JANE HIX, Plaintiff
VS.
ALLAN CLARK MOON, JR. and PAIGE MOON HENDERSON, Defendants
To: Paige Moon Henderson
General Delivery
Lincolnton, GA 30817
By order of the Court for service by publication dated 6/2/09, you are hereby notified that on May 7, 2009, Nancy Jane Hix filed suit against you for custody of your minor child. You are required to file with the Clerk of Superior Court, and to serve upon plaintiff’s attorney, John O. Bouwsma, 55 Crystal Creek Drive, Colbert, GA 30628, an answer in writing within sixty (60) days of 6/2/09.
This the 2 day of June, 2009.
By: Michelle H. Strickland
Clerk of the Superior Court
Madison County, Georgia
(JN11,18,25,JU2P4)

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Smith Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JAMES E. SMITH, deceased, are hereby notified to render an account of their demands to the undersigned and all debtors are required to make immediate payment.
This 1st day of June, 2009.
Donna P. Durham
2008 Bethel Road
Conyers, GA 30012
(JN11,18,25,JU2P4)

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Bowen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JUANELLE BOWEN, deceased, late of Madison County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me.
This 4th day of June, 2009.
By: Bruce Patterson
90 Crabapple Hollow Road
Hull, GA 30646
Personal Representative to the Estate of Juanelle Bowen
(JN11,18,25,JU2P4)

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Fortson Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JENNIE G. FORTSON, deceased, late of Madison County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to me.
This 4th day of June, 2009.
By: Robbie F. Clark
455 Tim Lane
Athens, GA 30601
Personal Representative to the Estate of Jennie G. Fortson
(JN11,18,25,JU2P4)

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Shelnut Estate
Georgia, Madison County
Notice to Creditors
All creditors of the Estate of WILLIE ROBERT SHELNUT, deceased, are hereby notified to render an account of their demands to the undersigned, and all debtors are required to make immediate payment.
This 14th day of May, 2009.
Mark Timothy Shelnut, Executor of the Estate of Willie Robert Shelnut
Kelly C. Holloway
Fortson, Bentley and Griffin, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(JN11,18,25,JU2P4)

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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate KEVIN KIDD ENTERPRISES, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code (O.C.G.A. #14-2-202.1). The initial registered office of the corporation is located at 242B Spring Branch Rd., Danielsville, GA 30633, and its initial registered agent at such address is Kevin Kidd.
(JN11,18P2)

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Citation
Georgia, Madison County
Estate No. 4639
In Re: Petition of GEORGE and DONNA TEAGUE for Temporary Letters of Guardianship
Estate of: DAKOTA ALLEN FRANKLIN, Minor
To: HOLLY AMBER SMITH and CHARLES FRANKLIN
You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minor. All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice if you are served by publication. All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees.
NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be scheduled at a later date.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 65
Danielsville, GA
706-795-6365
(JN4,11P2)

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Citation
Georgia, Madison County
Estate No. 4639
In Re: Petition of GEORGE and DONNA TEAGUE for Temporary Letters of Guardianship
Estate of: DRAKE JEWEL SMITH, Minor
To: HOLLY AMBER SMITH and DENNIS SWAIN
You are hereby notified that a petition for the appointment of a temporary guardian has been filed regarding the above-named minor. All objections to the Petition described above either to the appointment of a temporary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writing, setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second publication of this notice if you are served by publication. All pleadings must be signed before a notary public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees.
NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the matter shall be scheduled at a later date.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 65
Danielsville, GA
706-795-6365
(JN4,11P2)

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Wilson Estate
Georgia, Madison County Probate Court
Notice
The petition of WARREN S. WILSON, for a year’s support from the estate of BEVERLY D. WILSON, 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 29, 2009, 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. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. 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.
Cody Cross
Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(JN4,11,18,25P4)

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Notice
of Organization
Notice is given that Articles of Organization which will incorporate AMERICAN STANDARD CONTRACTING, L.L.C., 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 3856 New Haven Church Road, Danielsville, Georgia 30633, and its initial registered agent at such address is Adam Nash.
Felix P. Graham, Jr.
The Graham Law Firm, L.L.C.
P.O. Drawer 300
Danielsville, GA 30633-0300
(JN3,11B/185-20P)

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England Estate
Notice
Georgia, Madison County Probate Court
TO: Lorie (daughter to decedent) and to whom it may concern
Carey Kammerer has petitioned to be appointed Administrator of the estate of Linda B. England, deceased, of said County. 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 15, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. 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.
Cody Cross
Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(MY28,JN4,11,18P4)

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Name Change
Notice of Petition
to Change Name
In the Superior Court
of Madison County
State of Georgia
Family Division
Civil Action File No. 09MV439-M
Petitioner: KESUILE MARIE HITCHCOCK
Notice of Petition to Change Name
Notice is hereby given that KESUILE MARIE HITCHCOCK, the undersigned, filed his/her Petition to the Superior Court of Madison County on the 31 day of March, 2009, praying for a change in the name of Petitioner from KESUILE MARIE HITCHCOCK to KESSA MARIE HITCHCOCK. Notice is 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 31 day of March, 2009.
By: Kesuile Hitchcock
843 McCannon Morris Rd.
Hull, GA 30646
(MY28,JN4,11,18P4)