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 November 1, 2007, executed by JAIME C. CHERRY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 1065, Page 174, Madison County, Georgia Deed Records, and securing a Note in the original principal amount of $77,000.00, to 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 July, 2009, to-wit: July 7, 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 together with all improvements thereon, situate, lying and being in the 438th District, G.A,. Madison County, Georgia, containing 1.666 acres, more or less, and being more particularly described on a Plat of Survey entitled “Survey for Wayne Holloway”, dated July 9, 1994, by James M. Paul, Registered Land surveyor, recorded in Plat Book 33, Page 163, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said Plat being incorporated herein by reference for a more particular description.
The aforedescribed real property is also known as 6021 Highway 29 N, 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 Jaime C. Cherry 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 JAIME C. CHERRY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
458289v1
007013-001653
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.
(JN11,18,25,JU2B/1328-60T4P)
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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 JENNINGS T. LIMEHOUSE and SHANNON T. LIMEHOUSE to WELLS FARGO HOME MORTGAGE, INC., dated February 11, 2004, recorded in Deed Book 666, Page 209, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED THREE THOUSAND AND 0/100 DOLLARS ($203,000.00), 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 July, 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 Jennings T. Limehouse and Shannon T. Limehouse or a tenant or tenants and said property is more commonly known as 100 Coley Davis Rd., 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 as Attorney in Fact for Jennings T. Limehouse and Shannon T. Limehouse
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/lxk 7/7/09
Our file no. 5670009-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 204th District, G.M., Madison County, Georgia, containing 10.74 acres more or less, and being more particularly shown on a survey entitled “Survey for Michael L. Brooks”, dated September 25, 1975, by John H. Wood, Jr., Registered Land Surveyor, and recorded in Plat Book 17, Page 316, in the Office of the Clerk of the Superior Court of Madison County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
Less and except: All that lot or parcel of land lying and being in the 204th District, G.M., Madison County, Georgia, containing 0.64 of an acre, more or less, and being a portion of County Road No. 185 known as the Coley-Davis Road;
Less and except: All that lot or parcel of land lying and being in the 204th District, G.M., Madison County, Georgia, containing 0.44 of an acre, more or less, and being a portion of County Road No., 186 known as the Coley-Davis Road.
(JN11,18,25,JU2B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JOHNNY RONALD MINISH and TRACEY K. MINISH to HOMEBANC MORTGAGE CORPORATION dated January 31, 2007, in the amount of $362,350.00, and recorded in Deed Book 00986, Page 0234, Madison County, Georgia Records, as last transferred to American Home Mortgage Servicing, Inc. by assignment, the undersigned, American Home Mortgage Servicing, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2009, during the legal hours of sale, at the Courthouse door in Madison County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, containing 5.473 acres, more or less, situate, lying and being on the Westerly side of Brush Creek Drive and on Southerly side of Brush Creek Road, same being a corner Tract, in the 382nd G.M.D., Madison County, Georgia, being designated as Lot 18, Block C, Brush Creek, according to a Plat of said Subdivision by Ben McLeroy and Associates, Surveyors, dated March 1, 1996, recorded in Plat Book 32, Page 144, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which Plat is hereby incorporated into this description by reference and made a part hereof.
which has the property address of 2044 Brush Creek Drive, Colbert, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Johnny Ronald Minish and Tracey K. Minish and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
American Home Mortgage Servicing, Inc. Attorney in Fact for Johnny Ronald Minish and Tracey K. Minish
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-11037 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN11,18,25,JU2B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Madison County
Because of a default in the payment of the indebtedness secured by a Security Deed executed by DURRELL C. BREWER to UNION PLANTERS BANK, N.A. now REGIONS BANK DBA REGIONS MORTGAGE dated September 5, 2003, and recorded in Deed Book 620, Page 1, Madison County Records, securing a Note in the original principal amount of $81,500.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, July 7, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Comer, 205th District, G.M. of Madison County, Georgia, and being more particularly shown and designated as Lot 2, Phase C, Shannon’s Place Subdivision on plat entitled “Final Plat for Shannon’s Place S/D, Phase C, Lots 1-4, dated February 26, 1999, by Moreland, Altobelli Associates, Inc., Donald Rex Jones, Registered Land Surveyors, recorded in Plat Book, B-42, Page 4, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein; Less and Except:
That certain 0.052 of an acre, more or less, conveyed by that certain Right of Way Deed to Georgia Department of Transportation, dated March 15, 2001, recorded in Deed Book 320, Page 151, said county records.
Said property is known as 2710 Paoli Street, Comer, GA 30629, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Durrell C. Brewer, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Durrell C. Brewer, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, N.A. as Attorney-in-Fact for Durrell C. Brewer
File no. 08-008660
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JN11,18,25,JU2B/1323-60T1P)
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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 GARY GOODE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for BNC MORTGAGE, INC., dated July 19, 2007, recorded in Deed Book 1043, Page 177, Madison County, Georgia Records, as last transferred to CHASE HOME FINANCE, LLC 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 NINETY-NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($199,500.00), 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 July, 2009, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 382nd District, G.M., Madison County, Georgia, and being known and designated as Lot 9, Bicentennial Estates (west) Subdivision, according to a Subdivision Plat entitled survey for Madison Land Investors, dated November 21, 1975, by Tyson & Associates, Clelland A. Tyson, registered land surveyor, and recorded in Plat Book 15, Page 128, in the office of the clerk of the superior court of Madison County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
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).
Chase Manhattan Mortgage Corporation can be contacted at 877-838-1882x52195 or by writing to 10790 Rancho Bernardo Road, San Diego, CA 92127, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Gary Goode or a tenant or tenants and said property is more commonly known as 326 Cleghorne Road, Colbert, Georgia 30628.
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.
CHASE HOME FINANCE, LLC as Attorney in Fact for Gary Goode
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/sm01 7/7/09
Our file no. 1326809-FT3
(JN10,17,24,JU1B/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 JOYCE MASON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 25, 2006, recorded in Deed Book 936, Page 221, Madison County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment recorded in Deed Book 1155, Page 182, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY THOUSAND AND 0/100 DOLLARS ($80,000.00), 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 July, 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 Joyce Mason or a tenant or tenants and said property is more commonly known as 216 Piedmont Road, 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Joyce Mason
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pak 7/7/09
Our file no. 52795008-FT7
EXHIBIT A
The following described real property situate in the City of Hull County of Madison, and State of Georgia, to wit:
All that certain lot or parcel of land lying and being in the 382nd District, G.M. of Madison County, Georgia, and more particularly described as follows:
Beginning at an iron pin on the south side of an unpaved county road, said pin being situated 1142.5 feet southeast of U.S. Highway No. 29, said point on U.S. Highway 29 being 5016 feet northeast of the center line of Dogsboro Road, and running thence south 5 degrees 44 minutes east 200 feet to an iron pin; thence north 84 degrees 16 minutes east 110 feet to an iron pin; thence north 5 degrees 44 minutes west 200 feet to an iron pin on the south side of said county road; thence along said road south 84 degrees 16 minutes west 110 feet to the iron pin corner of beginning.
The above described property is known and designated as Lot No. 10 of the Brown Brothers Farms, Inc., and is more particularly described according to an individual plat of said prepared by J.R. Holland, surveyor, dated November 11, 1961, recorded in Plat Book 6, Page 142, Madison County Records, which plat and the record thereof are, by reference, incorporated herein.
Tax ID #: 0031 A 071
By fee simple deed from Jon Clayton Mason as set forth in Deed Book T-10, Page 610 and recorded on 1/12/1993, Madison County records.
The source deed as stated above is the last record of vesting filed for this property. There have been no vesting changes since the date of the above referenced source.
1920432VT
***IF Notice given TF***
(JN11,18,25,JU2B/12062-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt dated September 17, 1997, recorded in Deed Book 89, Pages 128-131, in the Office of the Clerk of Superior Court of Madison County, Georgia, GARY MIZE conveyed the real estate described therein to R.E. Mize to secure a debt evidenced by the Note referenced therein. Because of default in the payment of the indebtedness secured thereby and said default not having been made good in accordance with the terms and provisions of said Deed to Secure Debt and the Note for which same was given as security, the undersigned, John Mize, as Executor of the R.E. Mize Estate, pursuant to said Deed to Secure Debt and the Note secured thereby, has declared the entire amount of the indebtedness so secured due, payable and collectible, and, pursuant to and in conformity with power of sale contained in said Deed to Secure Debt, will on the first Tuesday in July, 2009, within the legal hours of sale before the courthouse door in Danielsville, Madison County, Georgia, sell at public sale to the highest and best bidder for cash, the real estate described in said deeds, to-wit:
All that tract or parcel of land containing 8.25 acres, more or less, lying and being in the 204th District G.M., Madison County, Georgia, being more particularly shown and delineated on a plat entitled “SURVEY FOR: MIKE W. STRICKLAND,” dated March 10, 1980, prepared by James M. Paul, Registered Surveyor, recorded in Plat Book __, Page __, Madison County Records, which plat and record are by reference incorporated herein;
Less and except:
1. That certain 1.748 acres as shown on plat by W. W. Lester, dated April 18, 1991, revised July 15, 1991, recorded in Plat Book 30, Page 110, Madison County Records;
2. That certain 1.91 acres as shown on plat by James M. Paul, dated May 17, 1989, recorded in Plat Book 26, Page 618, Madison County Records;
3. That certain 1.748 acres as shown on plat by W.W. Lester, dated April 18, 1991, revised July 15, 1991, recorded in Plat Book 30, Page 112, Madison County Records;
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees (notice of intention to collect attorney’s fees having been given).
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
The subject property is located at 147 Quail Ridge Road, Danielsville, Georgia 30633. To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Gary Mize.
The real estate described above will be sold subject to any and all unpaid taxes and assessments.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ray Brooks, P. O. Box 9, Danielsville, GA 30633, (706) 795-2109. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
Said real estate will be sold and the proceeds of said sale applied by the undersigned all as provided in said power of sale and said Deed to Secure Debt containing said power.
This 1st day of June, 2009.
JOHN MIZE, EXECUTOR OF THE R. E. MIZE ESTATE AS ATTORNEY IN FACT FOR GARY MIZE
Felix P. Graham, Jr.
Graham Law Firm, LLC
Attorneys at Law
Post Office Drawer 300
Danielsville, Georgia 30633-0300
706\795-2184
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
(JN11,18,25,JU2B/185-70)
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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 DEMOND L. STOVALL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 27, 2007, recorded in Deed Book 989, Page 58, Madison County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. 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 FIFTY-NINE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($159,200.00), 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 July, 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: Suntrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. 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 Demond L. Stovall or a tenant or tenants and said property is more commonly known as 304 Hannah Heights Trail, 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.
SunTrust Mortgage, Inc. as Attorney in Fact for Demond L. Stovall
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rwm 7/7/09
Our file no. 52156508-FT2
EXHIBIT A
All that tract or parcel of land lying and being in GMD 382 of Madison County, Georgia, and being designated as Lot 22 of Hannah Heights Subdivision, according to that Plat of survey prepared for Pintail Partners, LLC by Carroll Surveying, LLC, certified by Stacy C. Carroll, GA RLS #2729, dated March 16, 2006, and recorded in Plat Book B159, Pages 001A-006A, Madison County, Georgia Records, which Plat incorporated herein and made a part hereof by reference thereto for more complete description of the property conveyed herein.
(JN11,18,25,JU2B/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 TIMOTHY WAYNE WHITTINGTON to WELLS FARGO HOME MORTGAGE, INC., dated July 8, 2003, recorded in Deed Book 604, Page 26, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-SEVEN THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($67,500.00), 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 July, 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 Timothy Wayne Whittington or a tenant or tenants and said property is more commonly known as 3248 Highway 98 West, 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 Timothy Wayne Whittington
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ak3 7/7/09
Our file no. 5620309-FT7
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in 204th District, G.M., Madison County, Georgia, containing 3.53 acres, more or less, and being shown as Tr. 2 on that plat of survey entitled “Survey for R. L. Stephens”, dated June 23, 1995, prepared by James M. Paul, registered land surveyor, of record in Plat Book 33, Page 126, in the Office of the Clerk of Superior Court, Madison County, Georgia, reference being made thereto for a more complete description of the property herein conveyed.
Also attached hereto and conveyed herewith is one (1) 1993 Destiny Manufactured Home, Serial Number 032105A&B, which is permanently attached and affixed to the real property and made a part thereof.
The residence situate on the above described parcel of land is known and designated as 3248 Highway 98 West according to the present system of numbering residences in Madison County, Georgia.
(JN11,18,25,JU2B/12062-70T1P)
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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 JUVENTINO O. CRUZ to JPMORGAN CHASE BANK, N.A., dated July 10, 2007, recorded in Deed Book 1039, Page 91, Madison County, Georgia Records, as last transferred to Chase Home Finance LLC 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 SIXTY-NINE THOUSAND AND 0/100 DOLLARS ($169,000.00), 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 July, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. 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 Juventino O. Cruz or a tenant or tenants and said property is more commonly known as 2673 Corinth Church Rd., Bowman, Georgia 30624.
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.
Chase Home Finance LLC as Attorney in Fact for Juventino O. Cruz
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sk5 7/7/09
Our file no. 53302908-FT3
EXHIBIT A
All that tract or parcel of land lying and being in the 591st District, G.M. of Madison County, Georgia, containing 24.44 acres, more or less, and being bounded now or formerly substantially as follows: on the north by property of B.T. Osley and property of Clyde King; on the east by right of way of Elbert County, Road No. 142 and Madison County Road No. 11, being a jointly maintained county road; and on the south by property of Maureen K. O’Brien; on the west by property of J.F. Green, Jr. and Audrey M. Green, and property of Carter Pullian and Ina Bell Pullian;
Said property is subject to an existing easement for Plantation Pipeline and said property is also more particularly shown and described on a plat dated March 20, 1986, made by Dean H. Teasley, Georgia Registered Land Surveyor, which is recorded in Plat Book 23, Page 86, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and recorded are by reference incorporated herein;
LESS and EXCEPT
All that tract or parcel of land, together with all improvement thereon, lying and being in the 591st G.M. District of Madison County, Georgia, containing 12.03 acres, more or less, and being bounded now or formerly as follows: on the north by lands of Osley for a distance of 1011.08 feet; on the east by land s of O’Brien for a distance of 533.56 feet; on the south by lands of Phillips for a distance of 1009.56 feet; on the west by lands of Green for a distance of 263.83 feet and lands of Pulliam for a distance of 262.02 feet.
Said lands being more particularly described on plat of survey for Cynthia Ginn Phillips dated August 29, 1996, prepared by Herman W. Jordan, registered surveyor, recorded in Plat Book 36, Page 59, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein;
Less and Except: right of way for public roads and utilities.
(JN11,18,25,JU2B/12062-90T1P)
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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 CHARLES W. BECK and ANNETTE S. BECK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for COUNTRYWIDE HOME LOANS, INC., dated September 22, 2006, recorded October 9, 2006, in Deed Book 00953, Pages 0006-0018, Madison County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of THREE HUNDRED THIRTY-THREE THOUSAND AND 00/100 DOLLARS ($333,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BAC Home Loans Servicing, LP f/k/a 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 July, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being situated in the 1616th GMD of Madison County, Georgia, consisting of 5.25 acres, more or less and being the same property depicted in that plat of survey by Dean H. Teasley, dated January 5, 2004 for Annette S. Beck and recorded in the deed records of the Clerk Of Court For Madison County In Plat Book B114, Page 1C.
Address: 2478 Vineyards Creek Church Rd.; Comer, GA 30629 Tax Map Or Parcel ID No. : 94-39
Said property is commonly known as 2478 Vineyards Creek Church Road, Comer, GA 30629.
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 Annette S. Beck and Charles W. Beck, 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.
BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP
as Attorney in Fact for CHARLES W. BECK AND ANNETTE S. BECK
Lender Contact: BAC fka CHL, 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. 09-03969-2
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(JN11,18,25,JU2B/18915-60)
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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 DAVID MCCURLEY to WELLS FARGO HOME MORTGAGE, INC., dated February 24, 2003, recorded in Deed Book 547, Page 19, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIVE THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($105,750.00), 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 July, 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 David McCurley or a tenant or tenants and said property is more commonly known as 1366 Dove Drake Road, Royston, Georgia 30662.
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 David McCurley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sn0 7/7/09
Our file no. 51410007-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 591st GMD, Madison County, Georgia, containing 0.86 of an acre, more or less, and being more particularly described according to a plat of survey by A.M. Britt, RLS, dated May 6, 1964, recorded in Plat Book 8, Page 78, Madison County records and incorporated herein; being the same property conveyed by deed recorded in Deed Book Y-6, Page 654, said records.
(JN11,18,25,JU2B/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 MARY J. COSTA to SUNSHINE MORTGAGE CORPORATION, dated October 29, 1999, recorded in Deed Book 228, Page 226, Madison County, Georgia Records, as last transferred to Chase Home Finance LLC 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 SIXTY THOUSAND AND 0/100 DOLLARS ($60,000.00), 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 July, 2009, the following described property:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 204th District, G.M., Madison County, Georgia, City of Danielsville, State of Georgia, situated on the southeasterly side of Veterans Drive, containing 1.23 acres, more or less, and being more particularly shown and delineated on a Plat entitled “Survey for Richard L. Yandle and Kimberlee D. Yandle”, prepared by Piedmont Surveying Company, Sherald G. Sharp, Surveyor, dated February 4, 1994, recorded in Plat Book 29, Page 431, Madison County Records, which Plat and record are by reference incorporated herein.
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).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Mary J. Costa or a tenant or tenants and said property is more commonly known as 85 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.
Chase Home Finance LLC as Attorney in Fact for Mary J. Costa
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/ak3 7/7/09
Our file no. 11861508-FT3
(JN11,18,25,JU2B/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 CLARK E. RODEKUHR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., dated November 13, 2007, recorded in Deed Book 1067, Page 1, Madison County, Georgia Records, as last transferred to PHH 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 THIRTY-NINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($139,900.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Madison County, Georgia, within the legal hours of sale on the first Tuesday in July, 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: PHH Mortgage Corporation, Mailstop SV01, 4001 Leadenhall Rd., Mount Laurel, NJ 08054, 800-750-2518. 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 Clark E. Rodekuhr or a tenant or tenants and said property is more commonly known as 55 Rose Hill Court, Athens, Georgia 30601.
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.
PHH Mortgage Corporation as Attorney in Fact for Clark E. Rodekuhr
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mcs 7/7/09
Our file no. 5817709-FT1
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 383rd District, G.M., Madison County, Georgia, and being known and designated as Lot A-8, Rose Hill Subdivision, and being more particularly shown on a survey entitled “Survey for: Rose Hill Subdivision”, dated August 3, 2001, by Brett Chandler & Associates, registered land surveyor, and recorded in Plat Book B-78, Page 2, in the Office of the Clerk of the Superior Court of Madison County, Georgia, reference to which is hereby made for a more particular description of the properties herein conveyed.
(JN111,18,25,JU2B/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 MARILYN LEQUITA LUKE SLOAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 31, 2004, recorded in Deed Book 681, Page 196, Madison County, Georgia Records, as last transferred to Chase Home Finance LLC 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 SEVENTY-THREE THOUSAND AND 0/100 DOLLARS ($173,000.00), 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 July, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. 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 Marilyn Lequita Luke Sloan or a tenant or tenants and said property is more commonly known as 64 East South Avenue, 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.
Chase Home Finance LLC as Attorney in Fact for Marilyn Lequita Luke Sloan
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 7/7/09
Our file no. 51446709-FT7
EXHIBIT A
All that tract or parcel of land situate, lying and being in the city of Comer, 205th G.M.D., Madison County, Georgia, as shown on a Plat entitled “survey for Jesse S. Sloan,” dated February 28, 1984, by Landmark Engineering Corporation, said Plat being recorded at Plat Book 20, Page 639, in the office of the clerk of superior court of Madison County, Georgia, and being incorporated herein for a more particular description.
The residence situated upon the above described property is known as 307 Main Street by the present system of numbering houses in the City of Comer, Madison County, Georgia.
Said property is the same property conveyed from Merle B. Snelling to Jesse S. Sloan by Warranty Deed dated February 29, 1984, and recorded in Deed Book K-7, Page 394, said Clerk’s Office.
(JN11,18,25,JU2B/12062-70T1P)
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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 a Security Deed executed by DAVID D. BALLARD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 12, 2006, and recorded in Deed Book 966, Page 222, Madison County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Government National Mortgage Association by Assignment securing a Note in the original principal amount of $127,991.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, July 7, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land containing 1.39 acres, together with all improvements thereon lying and being in the 204th GMD, Madison County, Georgia, and being particularly described as follows:
Beginning at a pin on the southerly right of way of Georgia Highway No. 98 at the northwesterly most corner of the within tract, and running thence south 17.5 degrees east 346 feet to a pine; thence north 65 degrees east 346 feet to a pin located on the southerly right of way of Georgia Highway No. 98; thence the southerly right of way of Georgia Highway No 98 north 65 degrees west 463 feet to the pin of beginning;
Said tract of land is particularly shown and delineated on a plat entitled “Survey for: J.C. Jordan” prepared by C.B. Ayers, Madison County land surveyor, dated December 31, 1953, recorded in Plat Book 24, page 597, Madison County Clerk of Superior Court records, which plat and record are by reference incorporated herein;
Subject to existing easements for public roads and utilities now in use.
Being the same property as conveyed to J.C. Jordan by warranty deed dated December 1, 1953, recorded in Deed Book S-3, Page 394, Madison County Clerk of Superior Court Records.
Said property is known as 2933 Highway 98 W, Danielsville, GA 30633, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of David D. Ballard, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of David D. Ballard, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Government National Mortgage Association as Attorney-in-Fact for David D. Ballard
File no. 09-014483
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770)220-2535/AVR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN11,18,25,JU2B/1323-70T1P)
Madison County Public Notices 07-02-09 pt 1
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from MIKE DAVID PULEO and RACHEL L. EPPS to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated October 3, 2008, and securing and original indebtedness in the amount of $28,000.00, and recorded at Deed Book 1149, Pages 226-230, in the Office of the Clerk of Superior Court of Madison County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Madison County, Georgia, during the legal hours of sale on the first Tuesday in July, 2009, the following described property, to wit:
All that tract or parcel of land lying and being in the 203rd GMD, Madison County, Georgia, being designated as Lot 12, containing 5.0 acres, more or less, as shown on that plat and survey for Jerry Fletcher and Edgar Fletcher by Ringo & Sadler, dated December 18, 2001, and recorded in Plat Book B-79, Page 3, in the office of the Clerk of Superior Court of Madison County, Georgia. Said plat as recorded, is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements, covenants and restrictions of record affecting said bargained premises.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Mike David Puleo and Rachel L. Epps, subject to any taxes, easements and assessments appearing of record.
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.
To the best of the undersigned’s knowledge, the property is in the possession of Mike David Puleo and Rachel L. Epps.
First Piedmont Financial Services, as attorneys in fact for Mike David Puleo and Rachel L. Epps.
Scott R. Tolbert
Tolbert Bradford, LLC
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.tolbertbradford.com
(JN11,18,25,JU2B/344-40)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ARANDA NUNN and WILLIAM NUNN to OPTION ONE MORTGAGE CORPORATION, a California Corporation dated October 10, 2005, in the amount of $80,750.00, and recorded in Deed Book 851, Page 1, Madison County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT2, Asset-Backed Certificates, Series 2006-OPT2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT2, Asset-Backed Certificates, Series 2006-OPT2 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2009, during the legal hours of sale, at the Courthouse door in Madison County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 262nd District, G.M., Madison County, Georgia, and being Lot 5 of Glenwood Subdivision consisting of 2.55 acres, more or less, as more particularly shown on a plat of survey prepared for Richard W. Bibby by Sherald G. Sharp, Registered Surveyor, dated April 26, 1994, recorded at Plat Book 31, Page 22, in the Office of the Clerk of Superior Court of Madison County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. Also conveyed herewith is one 1994 Peach State Mobile Home,
Serial # PSHGA-15747AB.
Subject to the following restrictive covenants:
1. No inoperative cars or trucks are to be placed on said property.
2. No chicken house, hog parlors, trash or debris on said property.
3. No mobile homes older than five years old will be on the property.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
which has the property address of 215 Country Lane, Danielsville, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Aranda Nunn aka Ann Nunn and William Nunn and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT2, Asset-Backed Certificates, Series 2006-OPT2 Attorney in Fact for Aranda Nunn and William Nunn
Anthony DeMarlo, Attorney/thayle
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-13376 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN11,18,25,JN2B/1325-60)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt dated December 6, 2007, recorded in Deed Book 1072, Page 62, in the Office of the Clerk of Superior Court of Madison County, Georgia (the “Deed”), JESSICA J. SIMS conveyed the real estate described therein to OCONEE TIMBER HOLDINGS, INC. to secure a debt evidenced by Note dated December 6, 2007, in the original principal amount of $75,900.00 (the “Note”), which Note and Deed were subsequently assigned to RPG, SR., LLC by Assignment recorded in Deed Book 1158, Page 123, in said Clerk’s Office. Because of default in the payment of the indebtedness secured by the Deed, and said default not having been made good in accordance with the terms and provisions of the Deed and the Note for which same was given as security, the undersigned, pursuant to the Deed and the Note secured thereby, has declared the entire amount of the indebtedness so secured by the Deed, due, payable and collectible, and, pursuant to and in conformity with power of sale contained in the Deed, will on the first Tuesday in July, 2009, within the legal hours of sale before the Courthouse door in Danielsville, Madison County, Georgia, sell at public sale to the highest and best bidder for cash, the real estate described in said deeds, to-wit:
All that lot, tract or parcel of land, situate, lying and being on the easterly side of Hill Street, in the City of Comer, the 205th District, G.M., Madison County, Georgia, and being described as Lot 8 containing 2.00 acres, Phase I, Block “A”, as shown and described according to a plat of survey entitled “Final Subdivision Plat for Hill Street Subdivision Block ‘A’ & ‘B’”, prepared by James R. Smith, Georgia Registered Land Surveyor No. 2407, dated August 23, 2004 and recorded in Plat Book B131, Page 8A, in the Office of the Clerk of the Superior Court of Madison County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
The real estate is in the possession of Jessica J. Sims. The above property is known as 1480 Hill Street, Comer, GA 30629.
The real estate described above will be sold subject to any and all unpaid taxes and assessments.
Said real estate will be sold and the proceeds of said sale applied by the undersigned all as provided in said power of sale and the Deed containing said power.
This 22nd day of May, 2009.
RPG, SR., LLC as attorney in fact for
Donald W. Hansford, PC
Jessica J. Sims
Post Office Box 1376
Watkinsville, Georgia 30677
706/769-7409
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN11,18,25,JU2P4)
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)
Notice of Sale Under Power
Georgia, Madison County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from MIKE DAVID PULEO and RACHEL L. EPPS to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated October 3, 2008, and securing and original indebtedness in the amount of $28,000.00, and recorded at Deed Book 1149, Pages 226-230, in the Office of the Clerk of Superior Court of Madison County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Madison County, Georgia, during the legal hours of sale on the first Tuesday in July, 2009, the following described property, to wit:
All that tract or parcel of land lying and being in the 203rd GMD, Madison County, Georgia, being designated as Lot 12, containing 5.0 acres, more or less, as shown on that plat and survey for Jerry Fletcher and Edgar Fletcher by Ringo & Sadler, dated December 18, 2001, and recorded in Plat Book B-79, Page 3, in the office of the Clerk of Superior Court of Madison County, Georgia. Said plat as recorded, is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements, covenants and restrictions of record affecting said bargained premises.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Mike David Puleo and Rachel L. Epps, subject to any taxes, easements and assessments appearing of record.
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.
To the best of the undersigned’s knowledge, the property is in the possession of Mike David Puleo and Rachel L. Epps.
First Piedmont Financial Services, as attorneys in fact for Mike David Puleo and Rachel L. Epps.
Scott R. Tolbert
Tolbert Bradford, LLC
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.tolbertbradford.com
(JN11,18,25,JU2B/344-40)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ARANDA NUNN and WILLIAM NUNN to OPTION ONE MORTGAGE CORPORATION, a California Corporation dated October 10, 2005, in the amount of $80,750.00, and recorded in Deed Book 851, Page 1, Madison County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT2, Asset-Backed Certificates, Series 2006-OPT2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT2, Asset-Backed Certificates, Series 2006-OPT2 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2009, during the legal hours of sale, at the Courthouse door in Madison County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 262nd District, G.M., Madison County, Georgia, and being Lot 5 of Glenwood Subdivision consisting of 2.55 acres, more or less, as more particularly shown on a plat of survey prepared for Richard W. Bibby by Sherald G. Sharp, Registered Surveyor, dated April 26, 1994, recorded at Plat Book 31, Page 22, in the Office of the Clerk of Superior Court of Madison County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. Also conveyed herewith is one 1994 Peach State Mobile Home,
Serial # PSHGA-15747AB.
Subject to the following restrictive covenants:
1. No inoperative cars or trucks are to be placed on said property.
2. No chicken house, hog parlors, trash or debris on said property.
3. No mobile homes older than five years old will be on the property.
This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
which has the property address of 215 Country Lane, Danielsville, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Aranda Nunn aka Ann Nunn and William Nunn and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT2, Asset-Backed Certificates, Series 2006-OPT2 Attorney in Fact for Aranda Nunn and William Nunn
Anthony DeMarlo, Attorney/thayle
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-13376 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN11,18,25,JN2B/1325-60)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt dated December 6, 2007, recorded in Deed Book 1072, Page 62, in the Office of the Clerk of Superior Court of Madison County, Georgia (the “Deed”), JESSICA J. SIMS conveyed the real estate described therein to OCONEE TIMBER HOLDINGS, INC. to secure a debt evidenced by Note dated December 6, 2007, in the original principal amount of $75,900.00 (the “Note”), which Note and Deed were subsequently assigned to RPG, SR., LLC by Assignment recorded in Deed Book 1158, Page 123, in said Clerk’s Office. Because of default in the payment of the indebtedness secured by the Deed, and said default not having been made good in accordance with the terms and provisions of the Deed and the Note for which same was given as security, the undersigned, pursuant to the Deed and the Note secured thereby, has declared the entire amount of the indebtedness so secured by the Deed, due, payable and collectible, and, pursuant to and in conformity with power of sale contained in the Deed, will on the first Tuesday in July, 2009, within the legal hours of sale before the Courthouse door in Danielsville, Madison County, Georgia, sell at public sale to the highest and best bidder for cash, the real estate described in said deeds, to-wit:
All that lot, tract or parcel of land, situate, lying and being on the easterly side of Hill Street, in the City of Comer, the 205th District, G.M., Madison County, Georgia, and being described as Lot 8 containing 2.00 acres, Phase I, Block “A”, as shown and described according to a plat of survey entitled “Final Subdivision Plat for Hill Street Subdivision Block ‘A’ & ‘B’”, prepared by James R. Smith, Georgia Registered Land Surveyor No. 2407, dated August 23, 2004 and recorded in Plat Book B131, Page 8A, in the Office of the Clerk of the Superior Court of Madison County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
The real estate is in the possession of Jessica J. Sims. The above property is known as 1480 Hill Street, Comer, GA 30629.
The real estate described above will be sold subject to any and all unpaid taxes and assessments.
Said real estate will be sold and the proceeds of said sale applied by the undersigned all as provided in said power of sale and the Deed containing said power.
This 22nd day of May, 2009.
RPG, SR., LLC as attorney in fact for
Donald W. Hansford, PC
Jessica J. Sims
Post Office Box 1376
Watkinsville, Georgia 30677
706/769-7409
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JN11,18,25,JU2P4)
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)
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