Public Notices

Posted by

Betty Small

in Public Notices

Friday, October 16. 2009

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.
By virtue of the Power of Sale contained in a Security Deed given by R & G HOMEBUILDERS, INC. to OCONEE STATE BANK, dated March 9, 2006, recorded in Deed Book 891, Pages 16-19, Madison County, Georgia Records, being last modified by instrument recorded at Deed Book 1090, Pages 237-238, aforesaid records, conveying the after-described property which secures a Note dated February 19, 2008, in the original principal amount of $107,200.00, with interest thereon as set forth therein, aforesaid Security Deed and Note being transferred and assigned unto HDC Properties, LLC, by instrument dated September 30, 2009, and recorded in the Madison County, Georgia, deed records, 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 November, 2009, the following described property:
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 as Lot A-21, 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, Madison County, Georgia records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is R & G Homebuilders, Inc., or a tenant or tenants, and said property is more commonly known as Lot A-21, Rose Hill Subdivision, Madison County, Georgia. 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.
HDC Properties, LLC, as assignee of Oconee State Bank, as Attorney in Fact for R & G Homebuilders, Inc.
Samuel L. Chesnutt as Attorney at Law for HDC Properties, LLC
Strickland, Chesnutt & Lindsay, LLP
650 Oglethorpe Avenue, Suite 1
Athens, Georgia 30606
Our file no. A09-320R
(OC8,15,22,29B/887-60)

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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt, Assignment and
Security Agreement
UNDER AND BY VIRTUE of the power of sale contained in that certain Deed to Secure Debt, Assignment and Security Agreement dated January 3, 2006, executed and delivered by DARRYL M. CONNORS and CHARLES M. TACHDJIAN (collectively, the “Grantor”) to WACHOVIA BANK, NATIONAL ASSOCIATION (“Lender”), and recorded in Deed Book 874, Page 209, records of Madison County, Georgia (the “Security Deed”), Lender, as Attorney-in-Fact for Grantor, will sell 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 November, 2009, the following described property (hereinafter collectively referred to as the “Property”):
(a) ALL THAT tract or parcel of land, situate, lying and being in the State of Georgia, County of Madison, and more particularly described on Exhibit “A” attached hereto and made a part hereof (the “Land”) and all buildings, structures and other improvements now or hereafter existing, erected or placed on the Land, together with any on-site improvements and off-site improvements in any way used or to be used in connection with the use, enjoyment, occupancy or operation of the Land (the “Improvements”), together with (i) all estates, title interests, title reversion rights, remainders, increases, issues, profits, rights of way or uses, additions, accretions, servitudes, strips, gaps, gores, liberties, privileges, water rights, water courses, alleys, passages, ways, vaults, licenses, tenements, franchises, hereditaments, appurtenances, easements, rights-of-way, rights of ingress or egress, parking rights, timber, crops, mineral interests and other rights, now or hereafter owned by Grantor and belonging or appertaining to the Land or Improvements; (ii) any liability, suit, action, claim, demand, loss, expense, penalty, fine, judgment or other cost of any kind or nature whatsoever, including fees, costs and expenses of attorneys, consultants, contractors and experts (“Claims”) of Grantor with respect to the Land or Improvements, either in law or in equity, in possession or in expectancy; (iii) all estate, right, title and interest of Grantor in and to all streets, roads and public places, opened or proposed, now or hereafter adjoining or appertaining to the Land or Improvements; and (iv) all options to purchase the Land or Improvements, or any portion thereof or interest therein, and any greater estate in the Land or Improvements, and any and all alterations, additions, accessions and improvements to property, substitutions therefore, and renewals and replacements thereof (“Additions”) to and all proceeds, including all insurance claims under and the proceeds of any and all policies of insurance covering the Property or any part thereof, including all returned and unearned premiums with respect to any insurance relating to such Property, in each case whether now or hereafter existing or arising (“Insurance Proceeds”) and all other proceeds within the meaning of that term as defined in the Uniform Commercial Code of the state in which the Land is located (“Proceeds”), of the foregoing (hereinafter collectively referred to as the “Real Property”);
(b) All personal property of any kind and nature whatsoever, whether tangible or intangible and whether now owned or hereafter acquired, in which Grantor and/or Borrower now has or hereafter acquires an interest and which is used in the construction of, or is placed upon, or is derived from or used in connection with the maintenance, use, occupancy or enjoyment of the Property, including (i) all fixtures, equipment, systems, machinery, furniture, furnishings, appliances, inventory, goods, building and construction materials, supplies and other articles of personal property, of every kind and character, tangible and intangible (including software imbedded therein), now owned or hereafter acquired by Grantor, which are now or hereafter attached to or situated in, on or about the Land or Improvements, or used in or necessary to the complete and proper planning, development, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use or installation in or on the Land or Improvements, and all Additions to the foregoing, all of which are hereby declared to be permanent accessions to the Land; (ii) all accounts of Grantor within the meaning of the Uniform Commercial Code of the state in which the Land is located, derived from or arising out of the use, occupancy or enjoyment of the Property or for services rendered therein or thereon; (iii) all franchise, license, management or other agreements with respect to the operation of the Real Property or the business conducted therein and all general intangibles (including payment intangibles, trademarks, trade names, goodwill, software and symbols) related to the Real Property or the operation thereof; (iv) all sewer and water taps, appurtenant water stock or water rights, allocations and agreements for utilities, bonds, letters of credit, permits, certificates, licenses, guaranties, warranties, causes of action, judgments, Claims, profits, security deposits, utility deposits, and all rebates or refunds of fees, all taxes and assessments, whether general or special, ordinary or extraordinary, or foreseen or unforeseen, which at any time may be assessed, levied, confirmed or imposed by any governmental or quasi-governmental entity, including any court, department, commission, board, bureau, agency, administration, service, district or other instrumentality of any governmental entity (“Governmental Authority”) or any community facilities or other private district on Grantor or on any of its properties or assets or any part thereof or in respect of any of its franchises, businesses, income or profits, assessments, charges or deposits paid to any Governmental Authority related to the Real Property or the operation thereof; (v) all of Grantor’s and Borrower’s rights and interests under any and all agreements, whether or not in writing, relating to any transaction that is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity index swap or option, bond, note or bill option, interest rate option, forward foreign exchange transaction, interest cap, collar or floor transaction, currency swap, cross-currency rate swap, swap option, currency option or any other similar transaction (including any option to enter into the foregoing) or any combination of the foregoing, and, unless the context otherwise clearly requires, any form of master agreement published by the International Swaps and Derivatives Association, Inc., or any other master agreement, entered into between Lender (or its affiliate) and Grantor (or its affiliate) in connection with the loan from Lender to Borrower evidenced by the Note (the “Loan”), together with any related schedules and confirmations, as amended, supplemented, superseded or replaced from time to time, relating to or governing any or all of the foregoing (“Swap Contract”), including all rights to the payment of money from Lender under any Swap Contract and all accounts, deposit accounts and general intangibles, including payment intangibles, described in any Swap Contract; (vi) all insurance policies held by Grantor and Borrower with respect to the Property or Grantor’s and Borrower’s operation thereof; and (vii) all money, instruments and documents (whether tangible or electronic) arising from or by virtue of any transactions related to the Property, including any such deposit account from which Grantor or Borrower may from time to time authorize Lender to debit and/or credit payments due with respect to the Loan; together with all Additions to and Proceeds of all of the foregoing (hereinafter collectively referred to as the “Personalty”);
(c) Any and all judgments, awards of damages (including severance and consequential damages), payments, proceeds, settlements, amounts paid for the taking in lieu of any taking of title to, use of, or any other interest in the Property under the exercise of the power of condemnation or eminent domain, whether temporarily or permanently, by any Governmental Authority or by any other individual, corporation, partnership, joint venture, limited liability company, trust, unincorporated association, or any other entity (“Person”) acting under or for the benefit of a Governmental Authority (“Condemnation)”, or other compensation heretofore or hereafter made, including interest thereon, and the right to receive the same, as a result of, or in connection with, any Condemnation or threatened Condemnation and all Insurance Proceeds;
(d) All of Grantor’s right, title and interest in, but not any of Grantor’s obligations or liabilities under, (i) all contracts for services to be rendered, work to be performed or materials to be supplied in the development of the Land or the construction or repair of Improvements, including all agreements with architects, engineers or contractors for such services, work or materials; (ii) all plans, drawings and specifications for the development of the Land or the construction or repair of Improvements; (iii) all permits, licenses, variances and other rights or approvals issued by or obtained from any Governmental Authority or other Person in connection with the development of the Land or the construction or repair of Improvements; (iv) all amendments of or supplements to any of the foregoing; (v) any contract for the sale of all or any part of the Property or any interest therein, whether now in existence or hereafter executed; and (vi) any commitment from or other agreement with any Person providing for the financing of the Property, some or all of the proceeds of which are intended to be used for the repayment of all or a portion of the Loan; and
(e) All other rights, interests and benefits of every kind and character which Grantor now has or hereafter acquires in, to or for the benefit of the Real Property and/or the Personalty and all other property and rights used or useful in connection therewith, including all leases, usufructs, license agreements and other occupancy or use agreements (whether oral or written), now or hereafter existing, which cover or relate to the Property or any part thereof, together with all options therefor, amendments thereto and renewals, modifications and guaranties thereof (the “Leases”), including any cash or security deposited under the Leases to secure performance by the tenants of their obligations under the Leases, whether such cash or security is to held until the expiration of the terms of the Leases or applied to one or more of the installments of rent coming due thereunder and all rents, royalties, issues, profits, revenues, earnings, income and other benefits of the Property, or arising from the use or enjoyment of the Property, including all such amounts paid under or arising from any of the Leases and all fees, charges, accounts or other payments for the use or occupancy of rooms or other public facilities within the Real Property.
The Property will be sold as the property of Grantor. To the best of the knowledge of Lender, the Property is in the possession of Grantor or those claiming by, through or under Grantor.
The Property will be sold subject to (i) all unpaid taxes and assessments; (ii) all matters that would be disclosed by a current and accurate survey and inspection of the Property; and (iii) all easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is inferior in terms of priority.
The Security Deed secures the indebtedness now evidenced by that certain Promissory Note dated January 3, 2006, made, executed and delivered by American Vans, Inc. (the “Borrower”) to Lender in the original principal amount of $1,600,000.00 (the “Note”), together with other indebtedness of Grantor and Borrower to Lender as more particularly set forth in the Security Deed. The entire indebtedness secured by the Security Deed has matured and/or is in default and has been declared due and immediately payable under the terms of said Note and the Security Deed.
The proceeds of the sale of the Property shall be applied first to the expenses of publication, notice and sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given and hereby given), and as otherwise provided by the Security Deed.
The undersigned may sell that portion of the above-described property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the above-described property as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent will be given by announcement made at the commencement of the public sale.
WACHOVIA BANK, NATIONAL ASSOCIATION As Attorney-in-Fact for DARRYL M. CONNORS and CHARLES M. TACHDJIAN
Eugene D. Bryant, Esq.
Smith, Gambrell & Russell, LLP
1230 Peachtree Street
Atlanta, Georgia 30309
(404) 815-3500
EXHIBIT “A”
ALL that tract or parcel of land containing 8.66 acres, more or less, together with all improvements thereon, lying and being in the 438th G.M.D., Madison County, Georgia, and being particularly described as follows:
BEGINNING at a point located in the center of County Road No. 396 at the northerlymost corner of the within tract, which point is located south 65 degrees 13 minutes 8 seconds east 788.63 feet from a point at the intersection of the centerline of County Road No. 396 with the centerline of U.S. Highway No. 29, and running from the point of beginning along the centerline of County Road No. 396 as the property line south 64 degrees 19 minutes 59 seconds east 888.59 feet to a point; thence continuing along the centerline of County Road No. 396 south 62 degrees 33 minutes 21 seconds east 171.3 feet to a point; thence leaving the centerline of County Road No. 396 and running (an iron pin set 30 feet from the center of said road on the next stated line) south 14 degrees 41 minutes 8 seconds west 515.59 feet to an iron pin; thence north 50 degrees 46 minutes 51 seconds west 231.92 feet to an iron pin; thence north 49 degrees 47 minutes 10 seconds west 775.59 feet to an iron pin; thence north 9 degrees 4 minutes west 319.15 feet to the point of beginning located in the center of County Road No. 396 (an iron pin set back 30 feet from the center of said road on the line just stated);
SAID tract of land is particularly shown and delineated on a plat entitled “Survey for: C.J. Phillips”, dated September 2, 1992, prepared by Cornerstone Land Surveying, James R. Smith, Registered Land Surveyor, recorded at Plat Book 32, Page 72, Madison County Clerk of Superior Court Records, which plat and record are by reference incorporated herein.
(OC8,15,22,29P4)

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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 MILTON DANIEL WHITENER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 15, 2006, in the amount of $100,800.00, and recorded in Deed Book 975, Page 157, Madison County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, 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 November, 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:
The following described real property situate in the City of Danielsville, County of Madison, and State of Georgia, to wit:
All that tract or parcel of land together with the improvements thereon, situate, lying and being in the 262nd District, G.M., Madison County, Georgia, being that 2.958 acres according to that certain plat of survey dated August 11, 1972, and recorded in Plat Book 16, Page 243, of the Madison County Records. Said plat and the record thereof is referenced to herein for a more complete and detailed description.
There is included in the above-described tract a lot containing 0.993 acres, dated January 24, 1973, and filed in Plat Book 16, Page 5, of the Madison County Records.
Tax ID #: 0021 037
By fee Simple Deed from Lois B. Edwards as set forth in Deed Book 00796, Page 0142 and recorded on 5/3/2005, 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.
which has the property address of 76 Arrowhead 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 Milton Daniel Whitener 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.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Milton Daniel Whitener
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-03517 /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.
(OC8,15,22,29B/1325-60)

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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 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 recorded in Deed Book 1192, Page 33, 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 November, 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/nh5 11/3/09
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.
(OC8,15,22,29B/12062-60T1P)

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Notice of Sale
Notice of Sale Under Power of Authority Contained in Security Deed
Under and by virtue of the power of sale contained in that Security Deed from YOLANDA REED to COMMUNITY BANK & TRUST, dated July 28, 2005, and recorded in Deed Book 00822, Page 0183, (the “Deed”) Madison County, Georgia Records, and modified by instrument recorded in Deed Book 01052, Page 0112, aforesaid records, such Deed being given to secure obligations arising under: a Real Estate Note dated July 28, 2005, made by Grantor in the original principal amount of $319,752.00(the “Note”), together with interest thereon and other obligations as provided in the Note and Deed (collectively the “Debt”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Madison County, Georgia, within the legal hours of sale on the first Tuesday in November, 2009, to wit: November 3, 2009, the following described property:
All that tract or parcel of land lying and being in the 383rd Land District, G.M. of Madison County, Georgia, being all of Tract 1 (containing 42.442 acres, more or less, on Aderhold-Rogers Road) as per plat recorded in Plat Book B-108, Page 4, Madison County, Georgia Records, which plat is incorporated herein by reference for a complete description of said property.
Said property is subject to all easements, covenants, and restrictions of record, if any.
The Debt is declared immediately due and payable because of, inter alia, default in the payment of the Debt in the manner required by the Notes and Deed. The Sale will be made for the purpose of paying the Debt and all expenses of Sale, including reasonable attorney fee (notice of intention to collect attorney(s fees has been given). The sale shall be subject to all restrictions, liens, easements and encumbrances of record, and all unpaid taxes and assessments, if any, having priority over the Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Yolanda Reed or a tenant or tenants and said property is more commonly known as 1191 Aderhold Rogers Road, Commerce, GA 30530.
Community Bank & Trust as Attorney in Fact for Yolanda Reed.
Vince Fitzgerald
629 Dawsonville Highway, Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC8,15,22,29P4)

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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Madison
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from DAVID SAMUEL MOONEY to NORTHEAST GEORGIA BANK, dated April 11, 2008, and recorded on April 15, 2008, in Deed Book 1104, Pages 75-78, as last amended by a Modification of Deed to Secure Debt dated September 15, 2008, and recorded September 19, 2008, filed in Deed Book 1137, Pages 58-59, Madison County, Georgia records. This Security Deed secures two Notes, the first dated July 17, 2008 in the original principal amount of $156,395.40, plus interest, and the second dated September 15, 2008, in the original principal amount of $23,340.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Madison County, Georgia, within the legal hours of sale on the first Tuesday in November, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
TRACT I:
All that tract or parcel of land lying and being in the 262nd GMD, Madison County, Georgia, containing 10.68 acres, more or less, said tract lying to the South of County Road 398. Said tract is bounded now or formerly on the North by County Road 398; on the East by Williams and 30 foot ingress-egress easement; on the South by Andrews; and on the West by Gaunt and Phillips.
All according to a plat prepared by F. R. Flournoy, Surveyor, dated December 9, 2003, recorded in Plat Book B-113, Page 8, Madison County Records, which plat and record are by reference incorporated herein.
TRACT II:
All that tract or parcel of land lying and being in the 262nd District, G.M. of Madison County, Georgia, containing 5.00 acres, more or less. Said tract is bounded now or formerly on the North by lands of Philips; on the East by lands of M. Andrews; on the South by lands of M. Andrews; and on the West by lands of M. Haggard.
All, according to a plat prepared by James M. Paul, Surveyor, dated October 28, 1997, entitled “Survey for: Joseph M. Gaunt and Lisa P. Gaunt”, recorded in Plat Book 35, Page 110, Madison County Records, which plat and record are by reference incorporated herein.
RE: Deed Book 1063, Page 28, Madison County Records.
RE: Deed Book 662, Page 33, Madison County Records.
The debts secured by the Security Deed have been and are hereby declared due because of, among other possible events of default, non-payment of said loan. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of David Samuel Mooney and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by David Samuel Mooney.
NORTHEAST GEORGIA BANK
By: __ As Attorney-in-fact for: David Samuel Mooney
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(OC8,15,22,29P4)

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Notice of Sale
Notice of Foreclosure Under Deed to Secure Debt with Power of Sale
State of Georgia
County of Madison
Because of default in the payment of indebtedness evidenced by a Promissory Note dated September 28, 2008, in the original principal sum of $668,855.58 (said Note being a renewal note renewing an original note dated January 5, 2007), said Note being secured by a Deed to Secure Debt executed by RICKY C. BUSBEE, as Grantor to GWINNETT COMMUNITY BANK, as Grantee, dated JANUARY 5, 2007, filed for record JANUARY 9, 2007 at 10:24 a.m. and recorded at Deed Book 978, Pages 97-107, in the Office of the Clerk of Superior Court of MADISON County, Georgia, as modified by Modification Agreements of record, the last said Modification being dated FEBRUARY 25, 2008, filed for record MARCH 24, 2008, at 2:30 p.m. recorded at Deed Book 1098, Pages 101-103, in the Office of the Clerk of Superior Court of and because of said default under the terms of the Promissory Note dated SEPTEMBER 28, 2008, and because of said default in the payment of the indebtedness evidenced by the Promissory Note dated SEPTEMBER 28, 2008, and by virtue of the fact that said Note fully matured and became fully due and payable on APRIL 5, 2009, and by virtue of the fact that RICKY C. BUSBEE failed to pay the principal and interest due on said Note when said Note matured and became fully due and payable, GWINNETT COMMUNITY BANK has determined to exercise its rights of foreclosure, pursuant to the provisions of the Deed to Secure Debt referred to hereinabove.
GWINNETT COMMUNITY BANK will, pursuant to the power of sale contained in said Deed to Secure Debt, sell at public outcry on the first Tuesday in NOVEMBER, 2009, during the legal hours of sale before the Courthouse door in MADISON County, Georgia to the highest and best bidder for cash the property described in said Deed to Secure Debt, to-wit:
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 1616, Madison County, Georgia and being shown as 46.38 acres on a Plat of Survey prepared by Busbee Surveying Company, Inc., dated October 31, 2006 and being more particularly described in accordance with said plat as follows:
To find the TRUE POINT OF BEGINNING, begin at the intersection of the center lines of County Road Number 497 and County Road Number 334 (a/k/a Vineyard Creek Church Road) (80-food right of way width) and running thence South 11 degrees 37 minutes 23 seconds West a distance of 875.94 feet to a 1/2 inch rebar on the Northeasterly side of the right of way of Vineyard Creek Church Road; run thence across said road South 36 degrees 33 minutes 14 seconds West a distance of 82.18 feet to a point on the Southwesterly side of the right of way of Vineyard Creek Church Road; running thence along the Northwesterly boundary of a 50-foot Access Easement South 36 degrees 29 minutes 41 seconds West a distance of 628.03 feet to an iron pin set; continuing thence along the edge of the 50-foot Access Easement South 36 degrees 33 minutes 06 seconds West a distance of 123.18 feet to a 1/2 inch rebar and the TRUE POINT OR PLACE OF BEGINNING. From said TRUE POINT OF BEGINNING so established, run South 34 degrees 46 minutes 36 seconds East a distance of 650.51 feet to a point along the center line of a branch; running thence along the center line of said branch the following courses and distances; running thence South 27 degrees 15 minutes 34 seconds East a distance of 66.40 feet, running thence South 69 degrees 36 minutes 21 seconds West a distance of 11.03 feet; running thence South 15 degrees 05 minutes 54 seconds East a distance of 27.36 feet; running thence South 22 degrees 27 minutes 29 seconds East a distance of 48.88 feet; running thence South 10 degrees 39 minutes 44 seconds East a distance of 100.79 feet; running thence South 14 degrees 33 minutes 34 seconds East a distance 165.75 feet; running thence South 13 degrees 35 minutes 29 seconds East a distance of 75.29 feet; running thence South 17 degrees 29 minutes 29 seconds East a distance of 83.43 feet; running thence South 17 degrees 21 minutes 24 seconds East a distance of 163.16 feet; running thence South 08 degrees 47 minutes 54 seconds East a distance of 95.61 feet; running thence 22 degrees 50 minutes 49 seconds East a distance of 67.07 feet; running thence 39 degrees 42 minutes 49 seconds East a distance of 87.34 feet; running thence South 49 degrees 24 minutes 44 seconds East a distance of 140.17 feet; running thence South 34 degrees 45 minutes 51 seconds West a distance of 11.44 feet; running thence South 34 degrees 46 minutes 36 seconds West a distance of 15.99 feet to a 1-inch open top pin found; running thence South 34 degrees 36 minutes 31 seconds West a distance of 728.41 feet to a 1/2 inch rebar found; running thence North 56 degrees 46 minutes 11 seconds West a distance of 746.23 feet to a 2-inch open top pin found; running thence North 21 degrees 59 minutes 24 seconds East a distance of 766.89 feet to a 2-inch open top pin found; running thence North 59 degrees 59 minutes 11 seconds West a distance of 900.81 feet to a 2-inch open top pin found; running thence North 32 degrees 58 minutes 45 seconds East a distance of 1,293.25 feet to a 2-inch open top pin found; running thence South 58 degrees 22 minutes 00 seconds East a distance of 944.10 feet to a 1/2 inch rebar and the TRUE POINT OR PLACE OF BEGINNING.
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 to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code.
Notice has been given as required by law of the intention to enforce provisions for the collection of attorney’s fees and costs of foreclosure in accordance with legal requirements and the terms of the above Note and Deed to Secure Debt securing said Note.
Said property will be sold as the property of RICKY C. BUSBEE. The proceeds of said sale will be used to pay the expenses of said sale, including attorney fees and to pay the sum secured by said Deed to Secure Debt with the excess, if any, to be paid to such other persons entitled to the same as provided by law.
The property in the Deed to Secure Debt referred to hereinabove is residential/agricultural real property. Notice of said foreclosure has been given in accordance with Official Code of Georgia Annotated Section 44-14-162.2 as amended, Georgia Laws 1981, Pages 834 and 835, effective July 1, 1981 and the provisions thereof have been complied with.
To the best of the knowledge of the undersigned, the party in possession of the property is RICKY C. BUSBEE.
The undersigned, as Attorney in Fact for RICKY C. BUSBEE will execute a deed to the purchaser at said sale as provided in the aforesaid Deed to Secure Debt.
GWINNETT COMMUNITY BANK, as Attorney in Fact for RICKY C. BUSBEE
By: W. PAUL KESMODEL, JR. as Attorney for GWINNETT COMMUNITY BANK
W. Paul Kesmodel, Jr., P.C.
Attorney at Law
Post Office Box 2050
Duluth, Georgia 30096
770-476-5268 (Phone)
770-497-9416 (Fax)
File: 16751
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(OC8,15,22,29P4)

gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in the payment of principal and interest on that certain Universal Note dated April 15, 2009, in the original principal amount of $192,500.00 (“Note”), said Note being secured in part by a Deed to Secure Debt executed by PALLADIAN DEVELOPMENT CORP. to THE NATIONAL BANK OF GEORGIA, dated February 18, 2005, recorded in Deed Book 781, Pages 101-108, in the Office of the Clerk of Superior Court of Madison County, Georgia; said default having been more than thirty (30) days and not having been made good in accordance with the terms and provisions of said Deed to Secure Debt, THE NATIONAL BANK OF GEORGIA, pursuant to said Deed to Secure Debt, and the Note secured thereby, has declared the entire amount of the indebtedness secured by said Deed to Secure Debt, due, payable, and collectible; and, pursuant to the power of sale contained in said Deed to Secure Debt, will, on the first Tuesday in November, 2009, within the legal hours of sale before the Courthouse door in Madison County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Deed to Secure Debt, to wit:
All those tracts and parcels of land, situate, lying and being in the 382nd District, G.M. of Madison County, lying south of County Road No. 177, being designated as Block A, Lots 1, 3, 22, and 24, all being more particularly described by survey entitled “Survey for: Stone Creek Subdivision”, prepared by Cornerstone Land Surveying, James R. Smith, Registered Surveyor, dated April 2, 1999, and recorded in Plat Book 37, Page 124, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said plat and record thereof being incorporated herein by reference.
LESS AND EXCEPT: that lot or parcel of land containing 0.042 of an acre, more or less, situate, lying and being in the 382nd District, G.M., Madison County, Georgia and being shown and designated as a well lot inside what is designated as Lot 3, Block A, shown and designated on a plat entitled “Survey for: Fortson Well Drilling” prepared by James R. Smith, Registered Surveyor, dated July 12, 2002, which plat and record are by reference incorporated herein.
Subject to Protective Covenants recorded at Deed book 191, pages 135-139, Madison County Records.
To the best of the undersigned’s information and belief the street address for the above described property is:
Lots 1, 3, 22 and 24 on Stone Creek Drive Stonecreek Subdivision, Madison County, Georgia
Said property will be sold, a deed executed by the undersigned to purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Deed to Secure Debt, containing said power.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: The National Bank of Georgia, 2234 W. Broad St., Athens, Georgia 30606, (706) 355-3122. However, the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
Said property is being sold as the property of PALLADIAN DEVELOPMENT CORP. and subject to all unpaid taxes, assessments and/or matters of record, if any, which are superior to the Deed to Secure Debt being foreclosed upon.
This 1st day of October, 2009..
THE NATIONAL BANK OF GEORGIA as Attorney-in-fact for PALLADIAN DEVELOPMENT CORP.
Fortson, Bentley and Griffin, P.C.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(OC8,15,22,29B/1034-70P)

gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in the payment of principal and interest on that certain Universal Note dated May 15, 2008, in the original principal amount of $126,000.00 (“Note”), said Note being secured in part by a Deed to Secure Debt executed by R&G HOMEBUILDERS, INC. to OCONEE STATE BANK, dated April 4, 2007, recorded in Deed Book 1006, Pages 49-52, in the Office of the Clerk of Superior Court of Madison County, Georgia; said default having been more than thirty (30) days and not having been made good in accordance with the terms and provisions of said Deed to Secure Debt, OCONEE STATE BANK, pursuant to said Deed to Secure Debt, and the Note secured thereby, has declared the entire amount of the indebtedness secured by said Deed to Secure Debt, due, payable, and collectible; and, pursuant to the power of sale contained in said Deed to Secure Debt, will, on the first Tuesday in November, 2009, within the legal hours of sale before the Courthouse door in Madison County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Deed to Secure Debt, to wit:
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-17, 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.
To the best of the undersigned’s information and belief the street address for the above described property is:
Lots 17-A Rose Hill Subdivision, 404 Rose Hill Drive, Athens, Madison County, Georgia
Said property will be sold, a deed executed by the undersigned to purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Deed to Secure Debt, containing said power.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Oconee State Bank, P.O. Box 205, Watkinsville, Georgia 30677. However, the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
Said property is being sold as the property of R&G HOMEBUILDERS, INC. and subject to all unpaid taxes, assessments and/or matters of record, if any, which are superior to the Deed to Secure Debt being foreclosed upon.
This 1st day of October, 2009.
OCONEE STATE BANK as Attorney-in-fact for R&G HOMEBUILDERS, INC.
Fortson, Bentley and Griffin, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
Fortson, Bentley and Griffin, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(OC8,15,22,29B/1034-70P)
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Public Notices

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Madison County Public Notices 11-12-09 pt 1

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