Advertisement of Judicial Sale
Georgia, Madison County.
Pursuant to the Judgment issued by the Superior Court of Madison County, Georgia in Civil Action No. 09-MV-036-J, by an Amended Interlocutory Order and an Order Appointing Receiver, both issued by said Court on October, 22, 2009, in Civil Action No. 09-MV-979-J, there will be sold at public outcry to the highest and best bidder for cash, between the legal hours of sale before the Courthouse door in Madison County, Georgia, on the first Tuesday in December, 2009, the following described property, to wit:
FIRST:
All that tract or parcel of land containing 0.34 of an acre, more or less, lying and being in the 204th District G.M. of Madison County, Georgia, and particularly described as follows:
BEGINNING at a pin set at the land corner of lands of Madison County, Georgia, and lands of Charles E. Adams, which pin is located south 86 degrees 22 minutes 45 seconds west 252.86 feet from a pin set on the southeasterly right of way line of U.S. Highway No. 29 as measured along the common property line of Madison County, Georgia, and Charles E. Adams; and running thence north 86 degrees 22 minutes 45 seconds east 79.24 feet to a pin; thence north 00 degrees 09 minutes 00 seconds west 106.56 feet to a pin; thence south 69 degrees 30 minutes 15 seconds east 125.94 feet to a pin; thence south 31 degrees 01 minutes 30 seconds west 157.65 feet to a pin; thence north 59 degrees 39 minutes 15 seconds west 133.85 feet to corner of beginning;
Said tract of land is particularly shown and delineated on a plat prepared by James M. Paul, Registered Surveyor, dated October 7, 1983, recorded in Plat Book 20, Page 528, Madison County Records, which plat and record are by reference incorporated herein;
Together with an easement of ingress, egress and utilities over, across, and through the property of Miller and Haley, which easement is particularly described as follows:
Beginning at a pin set on the southeasterly right of way line of U.S. Highway No. 29 at the land corner of lands of Madison County, Georgia, which pin is located 0.2 of a mile northeasterly from GA Highway No. 98; and running thence south 57 degrees 22 minutes east 217.72 feet to a pin; thence south 69 degrees 30 minutes 15 seconds east 30 feet to a point; thence north 29 degrees 13 minutes 00 seconds east 30 feet to a point; thence north 69 degrees 30 minutes 15 seconds west 30 feet to a point; thence north 57 degrees 22 minutes west 217.72 feet to a point on the southeasterly right of way line of U.S. Highway No. 29; thence along the southeasterly right of way line of U.S. Highway No. 29 south 32 degrees 38 minutes west 30 feet to the corner of beginning.
SECOND:
All that tract or parcel of land containing 0.04 of an acre, more or less, lying and being in the 204th District G.M. of Madison County, Georgia, and particularly described as follows:
BEGINNING at a pin set at the land corner of lands of Madison County, Georgia, Adams and Brooks and Miller, which pin is located south 31 degrees 01 minutes 30 seconds west 157.65 feet from an iron pin found as measured along the common property line of lands of Madison County, Georgia, and Miller; and running thence south 31 degrees 01 minutes 30 seconds west 133.85 feet to a point; thence north 31 degrees 01 minutes 30 seconds east 12 feet to a pin; thence south 59 degrees 39 minutes 15 seconds east 133.85 feet to the corner of beginning.
Being cut from that 1.222 acre tract recorded in Plat Book 19, Page 575, Madison County Records and being located immediately adjacent to and on the southwesterly side of that certain 0.34 of an acre tract recorded in Plat Book 20, Page 528, Madison County Records which plats are by reference incorporated herein;
Together with an easement for a sewer line over, across, and through that property described in Deed Book D-7, Page 487, Madison County Records, which deed and description are by reference incorporated herein.
Said property found in the possession of Jessica L. Miller Davis, levied on to satisfy the fi. fa. in favor of Lane Fitzpatrick against Jessica L. Miller Davis issued in the Superior Court of Madison County, Georgia in Civil Action No. 09-MV-036-J, levied on as the property of defendant in fi. fa., notice of levy and sale having been given the defendant in fi. fa.
The proceeds from the sale will be first be used to pay off the Deed to Secure Debt from Doris A. Miller to Merchants & Farmers Bank dated October 7, 2003, recorded in Deed Book 636, pages 76-79; Additional Loan Agreement dated November 3, 2003, recorded in Deed Book 658, page 1; Additional Loan Agreement dated July 3, 2004, recorded in Deed Book 714, page 136, all Madison County Clerk of Superior Court records. Second, the proceeds of sale will be used to pay off the fi. fa. described above. All remaining proceeds will be paid into the registry of the court pursuant to the Amended Interlocutory Order and Order Appointing Receiver, both issued by the Superior Court of Madison County on October 22, 2009 in Civil Action No. 09-MV-979 referred to above, for distribution by further order of the court.
This 26th day of October, 2009.
Kip Thomas, Sheriff
Madison County, Georgia
R. Chris Phelps
Georgia State Bar No. 575275
Receiver Appointed by the Superior Court of Madison County, Georgia
(NV5,12,19,26B/12830-100)
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Public Notice
Notice is hereby given that the owner of PAOLI JUNCTION located at Hwy. 98 East has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(NV5,12P2)
Gpn02
Public Notice
Notice is hereby given that the owner of STRICKLAND’S located at 1741 Hwy. 29N, Danielsville, GA 30633 has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(NV5,12P2)
gpn02
Public Notice
Notice is hereby given that the owner of APEX EXPRESS located at 4272 Old Danielsville Rd., has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(NV5,12P2)
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Public Notice
Notice is hereby given that the owner of JAI’S COUNTRY CORNER located at 3936 Hwy. 106 S., Hull, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(NV5,12P2)
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Public Notice
Notice is hereby given that the owner of DIAMOND HILL GROCERY located at 5609 Hwy. 29 S., Hull, Georgia, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(NV5,12P2)
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Notice
of Seizure
Northern Circuit District Attorney’s Office
Robert W. Lavender, District Attorney
On October 8, 2009, 1989 Ford Ranger White in color VIN# 1FTCR10TXK4B52091, $277.00 in US Currency was seized for administrative forfeiture from TRACY CAROL WOODALL, at Madison County, Georgia, for violations of Official Code of Georgia Annotated Section 16-13-30 (Violation of the Georgia Controlled Substance Act). The conduct giving rise to the forfeiture is as follows: On 10-08-2009 Ms. Woodall came through a driver safety checkpoint set up by the Madison County Sheriff’s Office Traffic Unit. Woodall’s truck was unregistered and she was asked for consent to walk the K-9 around her truck to which she agreed. The dog alerted on the driver side door of the truck. After removing the occupants Deputies found a clear glass smoking pipe in the truck with considerable residue in the pipe. Also located in the truck was $277.00 in U.S. currency. Pursuant to Official Code of Georgia Annotated Section 16-13-49(n) this property is subject to forfeiture. Any person claiming an ownership interest in this property may file a claim within thirty (30) days after the second publication of this notice by sending the claim to the seizing agency and to the district attorney by certified mail or statutory overnight delivery, return receipt requested. Otherwise, the property will be forfeited and disposed of according to law.
Robert W. Lavender
District Attorney
Post Office Box 843
Danielsville, GA 30633
Seizing Agency:
Inv. Scott Pulliam
Madison Co. Sheriff’s Office
P.O. Box 65
Danielsville, GA 30633
(NV5,12,19B/16457-30)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate WILLOW CHASE APARTMENTS OF LAVONIA, INCORPORATED will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. (O.C.G.A. Sec. 14-2-201.1). The initial registered office of the corporation will be located at 290 Millbrook Circle, Hull, Georgia 30646, and its initial registered agent at such address is Tina Hart.
(OC29,NV5P2)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate J.H. CONSTRUCTION AND DEVELOPMENT, INCORPORATED will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. (O.C.G.A. Sec. 14-2-201.1). The initial registered office of the corporation will be located at 290 Millbrook Circle, Hull, Georgia 30646, and its initial registered agent at such address is Joey Hart.
(OC29,NV5P2)
Gpn02
Public Notice
Notice is hereby given that the owner of INGLES MARKETS #450 located at 9161 Hwy. 29 South, Hull, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC29,NV5P2)
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Pisczak Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Julius Joseph Pisczak
All debtors and creditors of the Estate of JULIUS JOSEPH PISCZAK, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 12, 2009
By: Jacqueline E. Kozee
1041 Eagles Ridge Ct.
Lawrenceville, GA 30043
(OC22,29,NV5,12P4)
Gpn10
Notice
of Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of: J.T.C.
Case No. 073-09HJ-189
Sex: Male
Age: 4 Years
DOB: 09-29-05
A Child
MOTHER: Angela Castelli Salinas
Legal Father: Rogelio Perez Salinas a/k/a Rogelio Salinas Perez
Putative Father: JUAN BEJINA a/k/a Juan Bejena a/k/a Juan Benea or in the alternative an unknown putative father
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, and Juan Bejina, a/k/a Juan Bejena, a/k/a Juan Benea, or in the alternative, an unknown putative father, and anyone claiming to have a parental interest in the above.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29,NV5,12P4)
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Notice of
Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of:
O.L.S.-C. a/k/a O.S.
Case No. 073-09HJ-188
Sex: Male
Age: 5 years
DOB: 10/09/03
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29NV5,12P4)
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Notice
of Summons
In the Juvenile Courtof Hart County
State of Georgia
In the Interest of:
K.R.S.C. a/k/a K.C.S.
Case No. 073-09HJ-187
Sex: Female
Age: 7 years
DOB: 09-03-02
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of
Hart County, Georgia
(OC22,29,NV5,12P4)
Gpn14
Public Notice
Destruction of Records for Students with Disabilities
The Madison County School District, Department of Student Services, announces its intention to destroy specific data. Records will be destroyed that were collected, maintained, or used in the provision of a free appropriate public education for students with disabilities in Madison County Schools. This notice is in compliance with the system’s comprehensive plan for special education required by I.D.E.A.
Records on students who received special education services for students with disabilities and became twenty-seven (27) years old or older between June 1, 2008, and June 1, 2009, or deceased between June 1, 2008, and June 1, 2009, are no longer needed for educational planning purposes. These records may be needed by the student or parent for Social Security or other reasons. The system plans to destroy these records on December 1, 2009, unless there has been a request for a due process hearing, under P.L. 94-142 or I.D.E.A. or a complaint filed with the Office of Civil Rights, under section 504 of the Rehabilitation Act of 1973.
If you, as the student or parents of the student, desire copies of these records prior to destruction, contact the office of Student Services at (706) 795-0120. You will be required to produce identification or provide verification data.
(OC15,22,29,NV5B/020-30)
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Dumas Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Murland B. Dumas
All debtors and creditors of the Estate of MURLAND B. DUMAS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 6, 2009
By: Jennifer Rakosnik
1040 Ridgefield Way
Bishop, GA 30621
(OC15,22,29,NV5P4)
Public Notices
Madison County Public Notices 11-05-09 pt 2
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 Notes (hereinafter the “Notes”), said Notes being secured by the real property described in that certain Deed to Secure Debt executed by W.T.’S HOME BUILDERS, INC., dated April 25, 2007, recorded in Deed Book 1013, Pages 77-80, in the Office of the Clerk of Superior Court of Madison County, Georgia; and as modified by Cross-Collateralization and Cross-Default Agreement dated December 18, 2008 and recorded in Deed Book 1151, Page 224, aforesaid Clerk’s Office; 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 Notes 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 December, 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 lot, tract or parcel of land, together with all improvements thereon, situate, lying and being in the 382nd District, G.M. of Madison County, Georgia, being Lot 15, Block A, Bryce Landing Subdivision, and being particularly shown and described according to a plat or survey entitled “Final Plat For: BRYCE LANDING SUBDIVISION Madison County, Georgia,” dated September 21, 2005, prepared by Armentrout, Roebuck, Matheny Consulting Group, P.C., certified by Jerry Lee McColery, Georgia Registered Surveyor No. 1846, and being recorded at Plat Slide B-150, pages 1A-5A, in the Office of the Clerk of Superior Court of Madison County, Georgia, which said plat and the record thereof are by reference incorporated herein for a more complete description of the property herein conveyed.
To the best of the undersigned’s information and belief, the address of the property is: Lot 15A, Bryce Landing, 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 and Security Agreement 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, (706) 769-6611. 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 W.T.’S HOME BUILDERS, 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 29th day of October, 2009.
OCONEE STATE BANK as Attorney-in-fact for W.T.’S HOME BUILDERS, INC.
FORTSON, BENTLEY AND GRIFFIN, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(NV5,12,19,25B/1034-70P)
gpn11
Notice of Sale
Notice 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 GREG SHORE to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated November 9, 2006, and recorded on November 16, 2006, in Deed Book 964, Pages 84-86, Madison County, Georgia records. This Security Deed secures a Note dated November 9, 2006 in the original principal amount of $60,332.00, plus interest, said Note is further secured by UCC Financing Statement in favor of the Bank as recorded in Deed Book 965, Pages 13-14 and filed under UCC Control #09520060624, records of Madison County, Georgia. 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 December, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 438th District, G.M., Madison County, Georgia, and being that 3.00 acres, more or less, designated as Lot 6, on a plat of survey prepared for I.B. Hart by Clelland A. Tyson, Registered Surveyor, dated November 7, 1988, recorded in Plat Book 26, Page 331, in the Office of the Clerk of the Superior Court of Madison County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with one 1995 Westfield manufactured home identified as VIN #GAFLR07A32171BM.
Along with all building furniture, fixtures and equipment located at 1110 Peach Orchard Road, Danielsville, Madison County, Georgia 30633; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Greg Shore 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 Greg Shore.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: ____ As Attorney-in-fact for: Greg Shore
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
(NV5,12,19,26P4)
gpn11
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 JERRIS K. GEARING and TIMOTHY O’NEAL GEARING to WELLS FARGO BANK, NA., dated July 16, 2007, recorded in Deed Book 1040, Page 18, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($240,000.00), 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 December, 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 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.
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 Jerris K. Gearing and Timothy O’Neal Gearing or a tenant or tenants and said property is more commonly known as 2311 Diamond Hill Colbert 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.
Wells Fargo Bank, NA. as Attorney in Fact for Jerris K. Gearing and Timothy O’Neal Gearing
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/clp2 12/1/09
Our file no. 51180709-FT12
EXHIBIT “A”
All that tract or parcel of land together with all improvements thereon containing 10.37 acres, more or less, lying and being in the 382nd GMD, Madison County, Georgia on the southwesterly side of County Road No. 392, aka Diamond Hill Colbert Road, said tract of land is particularly shown and delineated on plat prepared by James M Paul, Registered Surveyor, dated September 20, 1982, recorded in Plat Book 20, Page 161, Madison County Records, to which plat reference is made for a more detailed description. Being also shown on plat recorded in Plat Book 30, Page 91, Madison County records which plat and record are by reference incorporated herein. Less and except property conveyed in deed recorded in Deed Book 1078, Page 143, aforeaid records.
(NV5,12,19,26B/12062-60T1P)
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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 MARK O. CAREY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 13, 2003, in the amount of $81,000.00, and recorded in Deed Book 610, Page 36, Madison County, Georgia Records, as last transferred to Household Realty Corporation by assignment, the undersigned, Household Realty Corporation 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 December, 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 lot 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 7, Block C, of Windsor Heights Subdivision and being more particularly shown and described according to a Plat of Survey entitled Survey for Mark O. Carey, prepared by Ray N. Woods, R.L.S., dated February 3, 1994, and recorded in Plat Book 29, Page 420, Madison County, Georgia, Public Records, which said Plat of Survey and the record thereof are hereby incorporated into this description and made a part hereof by reference thereto.
which has the property address of 230 Kevin Way, Hull, 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 Mark O. Carey 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.
Household Realty Corporation Attorney in Fact for Mark O. Carey
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-24479 /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.
(NV5,12,19,26B/1325-50)
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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 REBECCA J. MILLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 30, 2004, in the amount of $109,600.00, and recorded in Deed Book 761, Page 190, Madison County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC 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 December, 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, together with all improvements thereon, containing 2.060 acres, more or less, situate, lying and being in the 383rd District, G.M. Madison County, Georgia, being more particularly shown and delineated as Tract 2 on a plat entitled, Survey for; Rufus C. & Mildred I. Miller, prepared by Woods & Chastain Surveyors, Inc., Ray N. Woods, Registered Surveyor, dated February 6, 2004, recorded in Plat Book B119, Page 005A, Madison County Clerk of Superior Court Records, which plat and record are by reference incorporated herein.
Together with thirty foot easement of ingress, egress and utilities, over, across and through Tract I running from the above described property in a Southwesterly direction to Sanford Road, which easement is more particularly shown and delineated on the above-reference incorporated.
which has the property address of 2450 Sabford Road, Hull, 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 Rebecca J. Miller 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Rebecca J. Miller
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-24602 /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.
(NV5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power 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 from HAROLD E. SHEDD and LINDA B. SHEDD to FIRST ATLANTIC MORTGAGE, LLC OF GEORGIA, in the original principal amount of $187,500.00 dated 04/29/2005, and recorded in Deed Book 803, Page 62, Madison County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 833, Page 139, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of December, 2009 by CitiMortgage, Inc., as Attorney-in-Fact for Harold E. Shedd and Linda B. Shedd the following described property:
All that tract or parcel of land, with all improvements thereon, situate, lying and being in 382nd District G.M. Madison County, Georgia, being shown as Lot 14, J.I. Fortson Estate Property, 7.713 acres on a plat entitled “Survey for Harold E. and Linda B. Shedd” by Ray N. Woods, GRLS #2049, dated September 30, 1992, which plat is incorporated herein by reference for a more particular description; recorded in Plat Book 28, Page 605.
Property known as: 758 Jack Sharp Road, Colbert, GA 30628
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 purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Harold E. Shedd and Linda B. Shedd.
CitiMortgage, Inc., as Attorney-in-fact for Harold E. Shedd and Linda B. Shedd.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-2602
(NV5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power 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 from JEFFREY P. WILLIAMSON and LORIE K. WILLIAMSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $123,500.00 dated 03/07/2007, and recorded in Deed Book 1002, Page 17, Madison County Records, said Security Deed being last transferred and assigned to Bayview Loan Servicing, LLC, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of December, 2009, by Bayview Loan Servicing, LLC, as Attorney-in-Fact for Jeffrey P. Williamson and Lorie K. Williamson the following described property:
All that certain tract of land, containing 1.45 acres, more or less, lying and being in the 383rd District, G.M., of Madison County, State of Georgia, and being bounded now or formerly as follows: North by lands of Willis A. Glenn; East by County Road No. 160; South by John Walker; and West by said Willis A. Glenn.
Said tract of land, being more particularly described according to a plat of survey prepared by James M. Paul, Surveyor, on the 30th day of October, 1982, which plat, recorded in Plat Book 20, Page 191, Madison County, Georgia Records; which plat is incorporated herein by reference and made part hereof.
Property known as: 7663 Nowhere Road, Hull, GA 30646
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 purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
Bayview Loan Servicing, LLC
4425 Ponce de Leon Blvd., 5th Floor
Coral Gables, FL 33146
PHONE: 800-771-0299
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Jeffrey P. Williamson and Lorie K. Williamson.
Bayview Loan Servicing, LLC, as Attorney-in-fact for Jeffrey P. Williamson and Lorie K. Williamson.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-6962
(NV5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID E. THOMPSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for AMERICA`S WHOLESALE LENDER, dated August 9, 2006, recorded August 11, 2006, in Deed Book 00935, Pages 0048-0060, Madison County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of FIFTY-FOUR THOUSAND AND 00/100 DOLLARS ($54,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to 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 December, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, lying and being in the Grovehill District, 382nd G.M.D., Madison County, Georgia, containing 4.0 acres, more or less, and being more particularly described on a plat of survey prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated November 30, 1989, recorded in Plat Book 27, Page 112 Madison County Records. This is a portion of the same land conveyed to Henry A. Lassiter by warranty deed dated September 6, 1983, recorded in Deed Book I-7, Page 203, Madison County, Records.
There is a 1995 Fleetwood, Eagle Trace Manufactured (Mobile) Home Serial
Nos. GAFl554A76152ET11, B76152et11 And C76152et11, located on the land which is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the real property.
This conveyance is made subject to the restrictive covenants recorded in Deed Book K-9, Page 516, Madison County Georgia Records.
Said property is commonly known as 2155 Waggoners Grove Church Road, Colbert, GA 30628.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is David E. Thompson, David E. Thompson, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP as Attorney in Fact for DAVID E. THOMPSON
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 Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-01918-5
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(NV5,12,19,26B/18915-70)
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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 JOYCE WALLS to THE CIT GROUP/CONSUMER FINANCE, INC. dated September 20, 2002, and recorded in Deed Book 498, Page 108, Madison County Records, said Security Deed having been last sold, assigned, transferred and conveyed to The Bank of New York Mellon (fka The Bank of New York) on behalf of CIT Home Equity Loan Trust 2003-1 by Assignment securing a Note in the original principal amount of $58,500.00, 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, December 1, 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 lying and being in the 438th District, G.M., of Madison County, Georgia about eight (8) miles North of Danielsville on the West side of the State Highway No. 8 between Danielsville and Royston, adjoining said highway on the East; lands of Hoyt Teate on the South; lands of R.J. McEwen on the West; and other lands of B.F. Anthony on the North, and enclosed in the following lines: BEGINNING at an iron pin on the edge of the right of way of said road, with is also the corner of Hoyt Teate property, and running thence in a Westerly direction along said Teate line 180 feet to an iron pin; thence along the line of McEwen in a Northerly direction 70 feet to an iron pin; thence in an Easterly direction 142 feet to said State Highway No. 8; thence in Southerly direction along the edge of right of way of said highway 120 feet to the beginning corner. Located on the property is a five (5) room dwelling and a small garage.
This property is subject to all easements; set backs; rights of way; zoning laws; covenants, building codes and all restrictions of record, if any
Said property is known as 7575 Highway 29 N, 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 Joyce Walls, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Joyce Walls, 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.
The Bank of New York Mellon (fka The Bank of New York) on behalf of CIT Home Equity Loan Trust 2003-1 as Attorney-in-Fact for Joyce Walls
File no. 09-019195
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(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]
(NV5,12,19,26B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of power of sale contained in that certain Deed to Secure Debt dated March 5, 2008, from RANDALL A. SAYE & RENEE SAYE to FIRST FINANCIAL BANK, recorded in Deed Book 1093, Page 72, in the Office of the Clerk of the Superior Court of Madison County, Georgia (hereinafter “Security Deed”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Madison County, Georgia, within the legal hours of sale on the first Tuesday in December, 2009, the following described property:
PARCEL I: All that tract or parcel of land, lying and being in the 262nd G.M., District of Madison County, Georgia, CONTAINING 17.62 acres, more or less, being bounded now or formerly as follows: On the North and Northeast by right-of-way of County Road No.98; on the South by lands of Cary and by land of Saye; on the West by lands of Catawba Timber Company; and on the Northwest by lands of Strickland.
Said lands being more particularly described in a plat of survey for James A. Saye and Janie C. Saye, dated October 10, 1994, prepared by James M. Paul, Registered Land Surveyor, recorded in Plat Book 29, page 640, Madison County Public Records, Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
LESS AND EXCEPT: 5.87 acres, being more particularly delineated in a plat of survey recorded in Plat Book 29, Page 640, Madison County Public Records.
PARCEL II: All that tract or parcel of land, lying and being in the 262nd G.M., District of Madison County, Georgia, CONTAINING 31.19 acres, more or less, being bounded now or formerly as follows: On the Northeast by right-of-way of County Road No.98; on the East by lands of Saye; on the Southwest and South by lands of Canal, and by lands of Saye; and on the Northwest by centerline of County Road No. 96.
Said lands being more particularly described in a plat of survey for Randy A. Saye, dated January 30, 1998, prepared by James M. Paul, Registered Land Surveyor, recorded in Plat Book 35, Page 344, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
Together with all buildings, structures, and other improvements now or hereafter located on said property, or any part and parcel thereof.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, nonpayment of amounts due on said loan when due. Said default not being cured, and the debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of the sale, including accrued attorney’s fees.
Said property will be sold by First Financial Bank, as attorney in fact for Randall A. Saye and Renee Saye, subject to any outstanding ad valorem taxes and/or assessments, and matters of record, if any, having priority over the Security Deed.
To the best of the knowledge and belief of First Financial Bank, the persons in possession of the above described property are Randall A. Saye and Renee Saye or persons claiming under them.
The name, address and telephone number of the individual or entity who has full authority to negotiate, amend and modify all terms of the Security Deed is Shane Gauthier at First Financial Bank, Telephone: (870) 881-5240, Address: First Financial Bank, 214 North Washington, El Dorado, AR 71730, provided however, First Financial Bank is not required to negotiate, amend or modify the terms of the Security Deed.
Said property will be sold and deed executed by the undersigned to the purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Security Deed containing said power.
First Financial Bank, as Attorney in Fact For Randall A. Saye and Renee Saye
ALVIN L. BRIDGES III, ESQ.
BLASINGAME, BURCH, GARRARD & ASHLEY, PC
P.O. Box 832
Athens, Georgia 30603
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HARVEY DAVENPORT, JR. and ANNIE L. DAVENPORT to NEW CENTURY MORTGAGE CORPORATION, dated February 22, 2002, and recorded in Deed Book 430, Page 26, Madison County, Georgia Records, as last transferred to U.S. Bank N.A., in its capacity as Trustee for the holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2002-HE1 Mortgage Pass-Through Certificates, Series 2002-HE1 by assignment recorded in Deed Book 01146, Page 0213 in Madison County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $65,700.00, with interest at the rate specified therein, there will be sold by the undersigned 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 December, 2009, to wit: December 1, 2009, the following described property:
All that tract or parcel of land lying and being in the 205th District, G.M. of Madison County, Georgia, in the City of Comer, and separately described as follows:
PARCEL ONE: BEGINNING at an iron pin on the south side of State Highway No. 72, which pin is located south 79 degrees 30 minutes east 249.6 feet from the intersection of Highway No. 72 and Spring Circle as measured along the south side of said Highway; running thence south 28 degrees 30 minutes west 270.5 feet to a pin corner of Parcel Two below; thence along line of Parcel Two south 10 degrees 15 minutes east 31.2 feet to a point; thence north 28 degrees 30 minutes east 250.3 feet to a pin on the south side of State Highway No. 72; thence along the south side of the said Highway north 77 degrees 08 minutes west 20 feet to the corner of beginning. All according to a plat prepared by John H. Wood, Jr., county surveyor, dated September 15, 1972, recorded in Plat Book 14, Page 123, Madison County records, which plat and the record are by reference incorporated herein.
PARCEL TWO: BEGINNING at a pin at the southwest corner of Parcel One, above, and running thence north 61 degrees west 1.00 chain to the rock; thence south 30 degrees west 6.52 chains to a rock on the north right-of-way line of the SCL Railroad; thence along the north right-of-way line of said railroad south 81 1/2 degrees east 6.07 chains to a rock; thence north 9 3/4 degrees west and along the line of Parcel One, above, 1.43 chains to the corner of beginning. Being the same property described in a deed of record in Deed Book Y-3, Page 350, Madison County records.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 1950 Spring Circle Road, Comer, GA 30629 is (are): Harvey Davenport, Jr. and Annie L. Davenport or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
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.
U.S. Bank N.A., in its capacity as Trustee for the holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2002-HE1 Mortgage Pass-Through Certificates, Series 2002-HE1 as attorney in fact for Harvey Davenport, Jr. and Annie L. Davenport
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-876
(NV5,12,19,26P4)
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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 MICHAEL F. BENNER and LOUISE O. BENNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 10, 2006, and recorded in Deed Book 956, Page 0001, Madison County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association, as Trustee for CSFB Home Equity Pass-Through Certificates Series 2006-8, by Assignment securing a Note in the original principal amount of $99,650.00, 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, December 1, 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 those two adjoining and contiguous lots or parcels of land, together with all improvements thereon, containing 1.147 acres, in the aggregate, on the Southerly side of Pineview Drive and more particularly described as a whole as follows:
Parcel One
Beginning at a pin set on the Southerly right-of-way line of Pineview Drive, which pin is located 779.9 feet Southwesterly from the right-of-way of Woodland Creek Place as measured along the Southerly right-of-way line of Pineview Drive and running thence South 18 degrees 58 minutes East 200.0 feet to a pin; thence South 71 degrees 02 minutes West 125.0 feet to a pin; thence continuing South 71 degrees 02 minutes West 125.0 feet to a pin; thence North 18 degrees 58 minutes West 200.0 feet to a pin set on the Southerly right-of-way line of Pineview Drive; thence along the Southerly right-of-way line of Pineview Drive North 71 degrees 02 minutes East 125.0 feet to the corner of beginning;
Said lots being Lots 13 and 14, Block “D”, Brown Brothers Farm, Inc., are particularly shown and delineated on a plat prepared by Landmark Engineering Corporation, J.R. Holland, Registered Surveyor, dated September 20, 1982, recorded in Plat Book 20, Page 175, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein;
Parcel Two
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, shown and designated as Tract II, portion of Lot 12, Block D as shown according to a plat entitled “Survey for Michael F. & Louise O. Benner”, dated January 25, 1989, by Ray N. Woods, Registered Surveyor, recorded in Plat Book 26, Page 252, in said Clerk’s Office; said plat is hereby specifically referred to and incorporated herein as part of the description.
Said property is known as 524 Virgina Lane, Hull, GA 30646, 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 Michael F. Benner and Louise O. Benner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Louise O. Benner and Michael F. Benner, 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.
US Bank National Association, as Trustee for CSFB Home Equity Pass-Through Certificates Series 2006-8 as Attorney-in-Fact for Michael F. Benner and Louise O. Benner
File no. 07-7996
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV5,12,19,26B/1323-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
By virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt from MADISUN PARTNERS DEVELOPMENT, LLC to STATE BANK AND TRUST as successor to Security Bank of Gwinnett and Homestead Bank, dated June 9, 2005, and recorded in Deed Book 809, Page 87, MADISON County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of TWO HUNDRED NINETY FIVE THOUSAND AND NO/100 DOLLARS ($295,000.00) with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at MADISON County, Georgia, within the legal hours of sale on Tuesday, December 1, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Madisun Partners Development, LLC or a tenant or tenants, and said property is more commonly known 20.904 acres in the 204th GMD, MADISON County, Georgia. However, please rely only on the metes and bounds legal description contained in this notice for the location of the property. Please note that the undersigned reserves the right to sell the properties separately or together.
Branch Banking & Trust Company
Attorney in Fact for Madisun Partners Development, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land lying and being in the 204th GMD of Madison County, Georgia, containing 20.904 acres and being more particularly shown on a plat of survey entitled “Survey for Mike Tyner”, prepared by Cornerstone Land Surveying, James R. Smith, G.R.L.S., recorded in Plat Book B140, Page 6A, Madison County, Georgia Public Records. Said plat is incorporated herein by reference thereto.
(NV5,12,19,26B/P4)
[Full Story »]
Notice of Sale Under Power
Georgia, Madison County
Because of a default in the payment of principal and interest on that certain Notes (hereinafter the “Notes”), said Notes being secured by the real property described in that certain Deed to Secure Debt executed by W.T.’S HOME BUILDERS, INC., dated April 25, 2007, recorded in Deed Book 1013, Pages 77-80, in the Office of the Clerk of Superior Court of Madison County, Georgia; and as modified by Cross-Collateralization and Cross-Default Agreement dated December 18, 2008 and recorded in Deed Book 1151, Page 224, aforesaid Clerk’s Office; 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 Notes 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 December, 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 lot, tract or parcel of land, together with all improvements thereon, situate, lying and being in the 382nd District, G.M. of Madison County, Georgia, being Lot 15, Block A, Bryce Landing Subdivision, and being particularly shown and described according to a plat or survey entitled “Final Plat For: BRYCE LANDING SUBDIVISION Madison County, Georgia,” dated September 21, 2005, prepared by Armentrout, Roebuck, Matheny Consulting Group, P.C., certified by Jerry Lee McColery, Georgia Registered Surveyor No. 1846, and being recorded at Plat Slide B-150, pages 1A-5A, in the Office of the Clerk of Superior Court of Madison County, Georgia, which said plat and the record thereof are by reference incorporated herein for a more complete description of the property herein conveyed.
To the best of the undersigned’s information and belief, the address of the property is: Lot 15A, Bryce Landing, 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 and Security Agreement 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, (706) 769-6611. 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 W.T.’S HOME BUILDERS, 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 29th day of October, 2009.
OCONEE STATE BANK as Attorney-in-fact for W.T.’S HOME BUILDERS, INC.
FORTSON, BENTLEY AND GRIFFIN, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(NV5,12,19,25B/1034-70P)
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Notice of Sale
Notice 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 GREG SHORE to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated November 9, 2006, and recorded on November 16, 2006, in Deed Book 964, Pages 84-86, Madison County, Georgia records. This Security Deed secures a Note dated November 9, 2006 in the original principal amount of $60,332.00, plus interest, said Note is further secured by UCC Financing Statement in favor of the Bank as recorded in Deed Book 965, Pages 13-14 and filed under UCC Control #09520060624, records of Madison County, Georgia. 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 December, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 438th District, G.M., Madison County, Georgia, and being that 3.00 acres, more or less, designated as Lot 6, on a plat of survey prepared for I.B. Hart by Clelland A. Tyson, Registered Surveyor, dated November 7, 1988, recorded in Plat Book 26, Page 331, in the Office of the Clerk of the Superior Court of Madison County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with one 1995 Westfield manufactured home identified as VIN #GAFLR07A32171BM.
Along with all building furniture, fixtures and equipment located at 1110 Peach Orchard Road, Danielsville, Madison County, Georgia 30633; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Greg Shore 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 Greg Shore.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: ____ As Attorney-in-fact for: Greg Shore
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
(NV5,12,19,26P4)
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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 JERRIS K. GEARING and TIMOTHY O’NEAL GEARING to WELLS FARGO BANK, NA., dated July 16, 2007, recorded in Deed Book 1040, Page 18, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($240,000.00), 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 December, 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 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.
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 Jerris K. Gearing and Timothy O’Neal Gearing or a tenant or tenants and said property is more commonly known as 2311 Diamond Hill Colbert 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.
Wells Fargo Bank, NA. as Attorney in Fact for Jerris K. Gearing and Timothy O’Neal Gearing
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/clp2 12/1/09
Our file no. 51180709-FT12
EXHIBIT “A”
All that tract or parcel of land together with all improvements thereon containing 10.37 acres, more or less, lying and being in the 382nd GMD, Madison County, Georgia on the southwesterly side of County Road No. 392, aka Diamond Hill Colbert Road, said tract of land is particularly shown and delineated on plat prepared by James M Paul, Registered Surveyor, dated September 20, 1982, recorded in Plat Book 20, Page 161, Madison County Records, to which plat reference is made for a more detailed description. Being also shown on plat recorded in Plat Book 30, Page 91, Madison County records which plat and record are by reference incorporated herein. Less and except property conveyed in deed recorded in Deed Book 1078, Page 143, aforeaid records.
(NV5,12,19,26B/12062-60T1P)
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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 MARK O. CAREY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 13, 2003, in the amount of $81,000.00, and recorded in Deed Book 610, Page 36, Madison County, Georgia Records, as last transferred to Household Realty Corporation by assignment, the undersigned, Household Realty Corporation 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 December, 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 lot 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 7, Block C, of Windsor Heights Subdivision and being more particularly shown and described according to a Plat of Survey entitled Survey for Mark O. Carey, prepared by Ray N. Woods, R.L.S., dated February 3, 1994, and recorded in Plat Book 29, Page 420, Madison County, Georgia, Public Records, which said Plat of Survey and the record thereof are hereby incorporated into this description and made a part hereof by reference thereto.
which has the property address of 230 Kevin Way, Hull, 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 Mark O. Carey 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.
Household Realty Corporation Attorney in Fact for Mark O. Carey
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-24479 /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.
(NV5,12,19,26B/1325-50)
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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 REBECCA J. MILLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 30, 2004, in the amount of $109,600.00, and recorded in Deed Book 761, Page 190, Madison County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC 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 December, 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, together with all improvements thereon, containing 2.060 acres, more or less, situate, lying and being in the 383rd District, G.M. Madison County, Georgia, being more particularly shown and delineated as Tract 2 on a plat entitled, Survey for; Rufus C. & Mildred I. Miller, prepared by Woods & Chastain Surveyors, Inc., Ray N. Woods, Registered Surveyor, dated February 6, 2004, recorded in Plat Book B119, Page 005A, Madison County Clerk of Superior Court Records, which plat and record are by reference incorporated herein.
Together with thirty foot easement of ingress, egress and utilities, over, across and through Tract I running from the above described property in a Southwesterly direction to Sanford Road, which easement is more particularly shown and delineated on the above-reference incorporated.
which has the property address of 2450 Sabford Road, Hull, 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 Rebecca J. Miller 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Rebecca J. Miller
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-24602 /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.
(NV5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power 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 from HAROLD E. SHEDD and LINDA B. SHEDD to FIRST ATLANTIC MORTGAGE, LLC OF GEORGIA, in the original principal amount of $187,500.00 dated 04/29/2005, and recorded in Deed Book 803, Page 62, Madison County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 833, Page 139, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of December, 2009 by CitiMortgage, Inc., as Attorney-in-Fact for Harold E. Shedd and Linda B. Shedd the following described property:
All that tract or parcel of land, with all improvements thereon, situate, lying and being in 382nd District G.M. Madison County, Georgia, being shown as Lot 14, J.I. Fortson Estate Property, 7.713 acres on a plat entitled “Survey for Harold E. and Linda B. Shedd” by Ray N. Woods, GRLS #2049, dated September 30, 1992, which plat is incorporated herein by reference for a more particular description; recorded in Plat Book 28, Page 605.
Property known as: 758 Jack Sharp Road, Colbert, GA 30628
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 purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Harold E. Shedd and Linda B. Shedd.
CitiMortgage, Inc., as Attorney-in-fact for Harold E. Shedd and Linda B. Shedd.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-2602
(NV5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power 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 from JEFFREY P. WILLIAMSON and LORIE K. WILLIAMSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $123,500.00 dated 03/07/2007, and recorded in Deed Book 1002, Page 17, Madison County Records, said Security Deed being last transferred and assigned to Bayview Loan Servicing, LLC, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of December, 2009, by Bayview Loan Servicing, LLC, as Attorney-in-Fact for Jeffrey P. Williamson and Lorie K. Williamson the following described property:
All that certain tract of land, containing 1.45 acres, more or less, lying and being in the 383rd District, G.M., of Madison County, State of Georgia, and being bounded now or formerly as follows: North by lands of Willis A. Glenn; East by County Road No. 160; South by John Walker; and West by said Willis A. Glenn.
Said tract of land, being more particularly described according to a plat of survey prepared by James M. Paul, Surveyor, on the 30th day of October, 1982, which plat, recorded in Plat Book 20, Page 191, Madison County, Georgia Records; which plat is incorporated herein by reference and made part hereof.
Property known as: 7663 Nowhere Road, Hull, GA 30646
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 purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
Bayview Loan Servicing, LLC
4425 Ponce de Leon Blvd., 5th Floor
Coral Gables, FL 33146
PHONE: 800-771-0299
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Jeffrey P. Williamson and Lorie K. Williamson.
Bayview Loan Servicing, LLC, as Attorney-in-fact for Jeffrey P. Williamson and Lorie K. Williamson.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-6962
(NV5,12,19,26B/224-60)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of a Power of Sale contained in that certain Security Deed from DAVID E. THOMPSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for AMERICA`S WHOLESALE LENDER, dated August 9, 2006, recorded August 11, 2006, in Deed Book 00935, Pages 0048-0060, Madison County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of FIFTY-FOUR THOUSAND AND 00/100 DOLLARS ($54,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to 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 December, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, lying and being in the Grovehill District, 382nd G.M.D., Madison County, Georgia, containing 4.0 acres, more or less, and being more particularly described on a plat of survey prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated November 30, 1989, recorded in Plat Book 27, Page 112 Madison County Records. This is a portion of the same land conveyed to Henry A. Lassiter by warranty deed dated September 6, 1983, recorded in Deed Book I-7, Page 203, Madison County, Records.
There is a 1995 Fleetwood, Eagle Trace Manufactured (Mobile) Home Serial
Nos. GAFl554A76152ET11, B76152et11 And C76152et11, located on the land which is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the real property.
This conveyance is made subject to the restrictive covenants recorded in Deed Book K-9, Page 516, Madison County Georgia Records.
Said property is commonly known as 2155 Waggoners Grove Church Road, Colbert, GA 30628.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is David E. Thompson, David E. Thompson, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP as Attorney in Fact for DAVID E. THOMPSON
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 Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-01918-5
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(NV5,12,19,26B/18915-70)
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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 JOYCE WALLS to THE CIT GROUP/CONSUMER FINANCE, INC. dated September 20, 2002, and recorded in Deed Book 498, Page 108, Madison County Records, said Security Deed having been last sold, assigned, transferred and conveyed to The Bank of New York Mellon (fka The Bank of New York) on behalf of CIT Home Equity Loan Trust 2003-1 by Assignment securing a Note in the original principal amount of $58,500.00, 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, December 1, 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 lying and being in the 438th District, G.M., of Madison County, Georgia about eight (8) miles North of Danielsville on the West side of the State Highway No. 8 between Danielsville and Royston, adjoining said highway on the East; lands of Hoyt Teate on the South; lands of R.J. McEwen on the West; and other lands of B.F. Anthony on the North, and enclosed in the following lines: BEGINNING at an iron pin on the edge of the right of way of said road, with is also the corner of Hoyt Teate property, and running thence in a Westerly direction along said Teate line 180 feet to an iron pin; thence along the line of McEwen in a Northerly direction 70 feet to an iron pin; thence in an Easterly direction 142 feet to said State Highway No. 8; thence in Southerly direction along the edge of right of way of said highway 120 feet to the beginning corner. Located on the property is a five (5) room dwelling and a small garage.
This property is subject to all easements; set backs; rights of way; zoning laws; covenants, building codes and all restrictions of record, if any
Said property is known as 7575 Highway 29 N, 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 Joyce Walls, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Joyce Walls, 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.
The Bank of New York Mellon (fka The Bank of New York) on behalf of CIT Home Equity Loan Trust 2003-1 as Attorney-in-Fact for Joyce Walls
File no. 09-019195
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(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]
(NV5,12,19,26B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of power of sale contained in that certain Deed to Secure Debt dated March 5, 2008, from RANDALL A. SAYE & RENEE SAYE to FIRST FINANCIAL BANK, recorded in Deed Book 1093, Page 72, in the Office of the Clerk of the Superior Court of Madison County, Georgia (hereinafter “Security Deed”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Madison County, Georgia, within the legal hours of sale on the first Tuesday in December, 2009, the following described property:
PARCEL I: All that tract or parcel of land, lying and being in the 262nd G.M., District of Madison County, Georgia, CONTAINING 17.62 acres, more or less, being bounded now or formerly as follows: On the North and Northeast by right-of-way of County Road No.98; on the South by lands of Cary and by land of Saye; on the West by lands of Catawba Timber Company; and on the Northwest by lands of Strickland.
Said lands being more particularly described in a plat of survey for James A. Saye and Janie C. Saye, dated October 10, 1994, prepared by James M. Paul, Registered Land Surveyor, recorded in Plat Book 29, page 640, Madison County Public Records, Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
LESS AND EXCEPT: 5.87 acres, being more particularly delineated in a plat of survey recorded in Plat Book 29, Page 640, Madison County Public Records.
PARCEL II: All that tract or parcel of land, lying and being in the 262nd G.M., District of Madison County, Georgia, CONTAINING 31.19 acres, more or less, being bounded now or formerly as follows: On the Northeast by right-of-way of County Road No.98; on the East by lands of Saye; on the Southwest and South by lands of Canal, and by lands of Saye; and on the Northwest by centerline of County Road No. 96.
Said lands being more particularly described in a plat of survey for Randy A. Saye, dated January 30, 1998, prepared by James M. Paul, Registered Land Surveyor, recorded in Plat Book 35, Page 344, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
Together with all buildings, structures, and other improvements now or hereafter located on said property, or any part and parcel thereof.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, nonpayment of amounts due on said loan when due. Said default not being cured, and the debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of the sale, including accrued attorney’s fees.
Said property will be sold by First Financial Bank, as attorney in fact for Randall A. Saye and Renee Saye, subject to any outstanding ad valorem taxes and/or assessments, and matters of record, if any, having priority over the Security Deed.
To the best of the knowledge and belief of First Financial Bank, the persons in possession of the above described property are Randall A. Saye and Renee Saye or persons claiming under them.
The name, address and telephone number of the individual or entity who has full authority to negotiate, amend and modify all terms of the Security Deed is Shane Gauthier at First Financial Bank, Telephone: (870) 881-5240, Address: First Financial Bank, 214 North Washington, El Dorado, AR 71730, provided however, First Financial Bank is not required to negotiate, amend or modify the terms of the Security Deed.
Said property will be sold and deed executed by the undersigned to the purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Security Deed containing said power.
First Financial Bank, as Attorney in Fact For Randall A. Saye and Renee Saye
ALVIN L. BRIDGES III, ESQ.
BLASINGAME, BURCH, GARRARD & ASHLEY, PC
P.O. Box 832
Athens, Georgia 30603
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HARVEY DAVENPORT, JR. and ANNIE L. DAVENPORT to NEW CENTURY MORTGAGE CORPORATION, dated February 22, 2002, and recorded in Deed Book 430, Page 26, Madison County, Georgia Records, as last transferred to U.S. Bank N.A., in its capacity as Trustee for the holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2002-HE1 Mortgage Pass-Through Certificates, Series 2002-HE1 by assignment recorded in Deed Book 01146, Page 0213 in Madison County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $65,700.00, with interest at the rate specified therein, there will be sold by the undersigned 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 December, 2009, to wit: December 1, 2009, the following described property:
All that tract or parcel of land lying and being in the 205th District, G.M. of Madison County, Georgia, in the City of Comer, and separately described as follows:
PARCEL ONE: BEGINNING at an iron pin on the south side of State Highway No. 72, which pin is located south 79 degrees 30 minutes east 249.6 feet from the intersection of Highway No. 72 and Spring Circle as measured along the south side of said Highway; running thence south 28 degrees 30 minutes west 270.5 feet to a pin corner of Parcel Two below; thence along line of Parcel Two south 10 degrees 15 minutes east 31.2 feet to a point; thence north 28 degrees 30 minutes east 250.3 feet to a pin on the south side of State Highway No. 72; thence along the south side of the said Highway north 77 degrees 08 minutes west 20 feet to the corner of beginning. All according to a plat prepared by John H. Wood, Jr., county surveyor, dated September 15, 1972, recorded in Plat Book 14, Page 123, Madison County records, which plat and the record are by reference incorporated herein.
PARCEL TWO: BEGINNING at a pin at the southwest corner of Parcel One, above, and running thence north 61 degrees west 1.00 chain to the rock; thence south 30 degrees west 6.52 chains to a rock on the north right-of-way line of the SCL Railroad; thence along the north right-of-way line of said railroad south 81 1/2 degrees east 6.07 chains to a rock; thence north 9 3/4 degrees west and along the line of Parcel One, above, 1.43 chains to the corner of beginning. Being the same property described in a deed of record in Deed Book Y-3, Page 350, Madison County records.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 1950 Spring Circle Road, Comer, GA 30629 is (are): Harvey Davenport, Jr. and Annie L. Davenport or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
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.
U.S. Bank N.A., in its capacity as Trustee for the holders of Morgan Stanley Dean Witter Capital I Inc. Trust 2002-HE1 Mortgage Pass-Through Certificates, Series 2002-HE1 as attorney in fact for Harvey Davenport, Jr. and Annie L. Davenport
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC08-876
(NV5,12,19,26P4)
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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 MICHAEL F. BENNER and LOUISE O. BENNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 10, 2006, and recorded in Deed Book 956, Page 0001, Madison County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association, as Trustee for CSFB Home Equity Pass-Through Certificates Series 2006-8, by Assignment securing a Note in the original principal amount of $99,650.00, 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, December 1, 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 those two adjoining and contiguous lots or parcels of land, together with all improvements thereon, containing 1.147 acres, in the aggregate, on the Southerly side of Pineview Drive and more particularly described as a whole as follows:
Parcel One
Beginning at a pin set on the Southerly right-of-way line of Pineview Drive, which pin is located 779.9 feet Southwesterly from the right-of-way of Woodland Creek Place as measured along the Southerly right-of-way line of Pineview Drive and running thence South 18 degrees 58 minutes East 200.0 feet to a pin; thence South 71 degrees 02 minutes West 125.0 feet to a pin; thence continuing South 71 degrees 02 minutes West 125.0 feet to a pin; thence North 18 degrees 58 minutes West 200.0 feet to a pin set on the Southerly right-of-way line of Pineview Drive; thence along the Southerly right-of-way line of Pineview Drive North 71 degrees 02 minutes East 125.0 feet to the corner of beginning;
Said lots being Lots 13 and 14, Block “D”, Brown Brothers Farm, Inc., are particularly shown and delineated on a plat prepared by Landmark Engineering Corporation, J.R. Holland, Registered Surveyor, dated September 20, 1982, recorded in Plat Book 20, Page 175, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein;
Parcel Two
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, shown and designated as Tract II, portion of Lot 12, Block D as shown according to a plat entitled “Survey for Michael F. & Louise O. Benner”, dated January 25, 1989, by Ray N. Woods, Registered Surveyor, recorded in Plat Book 26, Page 252, in said Clerk’s Office; said plat is hereby specifically referred to and incorporated herein as part of the description.
Said property is known as 524 Virgina Lane, Hull, GA 30646, 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 Michael F. Benner and Louise O. Benner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Louise O. Benner and Michael F. Benner, 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.
US Bank National Association, as Trustee for CSFB Home Equity Pass-Through Certificates Series 2006-8 as Attorney-in-Fact for Michael F. Benner and Louise O. Benner
File no. 07-7996
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV5,12,19,26B/1323-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
By virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt from MADISUN PARTNERS DEVELOPMENT, LLC to STATE BANK AND TRUST as successor to Security Bank of Gwinnett and Homestead Bank, dated June 9, 2005, and recorded in Deed Book 809, Page 87, MADISON County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of TWO HUNDRED NINETY FIVE THOUSAND AND NO/100 DOLLARS ($295,000.00) with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at MADISON County, Georgia, within the legal hours of sale on Tuesday, December 1, 2009, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Madisun Partners Development, LLC or a tenant or tenants, and said property is more commonly known 20.904 acres in the 204th GMD, MADISON County, Georgia. However, please rely only on the metes and bounds legal description contained in this notice for the location of the property. Please note that the undersigned reserves the right to sell the properties separately or together.
Branch Banking & Trust Company
Attorney in Fact for Madisun Partners Development, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land lying and being in the 204th GMD of Madison County, Georgia, containing 20.904 acres and being more particularly shown on a plat of survey entitled “Survey for Mike Tyner”, prepared by Cornerstone Land Surveying, James R. Smith, G.R.L.S., recorded in Plat Book B140, Page 6A, Madison County, Georgia Public Records. Said plat is incorporated herein by reference thereto.
(NV5,12,19,26B/P4)
[Full Story »]
Madison County Public Notices 11-05-09 pt 1
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MARTIN J. GUZMAN to WELLS FARGO BANK, NA, dated December 22, 2004, recorded in Deed Book 760, Page 113, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THREE THOUSAND TWO HUNDRED TWENTY-FIVE AND 0/100 DOLLARS ($103,225.00), 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 December, 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 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.
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 Martin J. Guzman or a tenant or tenants and said property is more commonly known as 133 Madison Ave., 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.
Wells Fargo Bank, NA as Attorney in Fact for Martin J. Guzman
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pak 12/1/09
Our file no. 51610209-FT5
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 382nd GMD, Madison County, Georgia, being shown and delineated as Lot 38, Block A, according to a final plat of Madison Acres, Phase One, Section Four, by Landmark Engineering Corporation, J. R. Holland, Georgia Registered Land Surveyor #1087, dated November 20, 1980, and recorded in Plat Book 23, Page 164, in the Office of the Clerk of Superior Court of Madison County, Georgia, which plat is referred to herein for a more complete and detailed description. This is the same property conveyed by deed recorded in Deed Book I-10, Page 620, said records.
Also conveyed herewith is a 2004 Palm Harbor 48x32 manufactured home, Serial Number 23-5341AB, which is permanently attached to and made a part of the real property.
(NV5,12,19,26B/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.
By virtue of the Power of Sale contained in a Security Deed given by PLANSOUTH, INC. to BRANCH BANKING AND TRUST COMPANY, dated March 29, 2006, recorded in Deed Book 898, Pages 49-57, Madison County, Georgia Records, last modified by instrument recorded at Deed Book 1154, Pages 174-176, aforesaid records, conveying the after-described property to which secures a Note dated March 29, 2006, in the original principal amount of $576,000.00, 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 December, 2009, the following described property:
All those 12 Lots and Parcels of Land, together with all improvements thereon, situate, lying and being in the 204th District, G.M., Madison County, Georgia, in the City of Danielsville, and being separately shown and designated as Lot 1 containing 1.352 acres, Lot 2 containing 0.985 acres, Lot 3 containing 1.120 acres, Lot 4 containing 1.134 acres, Lot 5 containing 0.951 acres, Lot 6 containing 1.224 acres, Lot 7 containing 1.453 acres, Lot 8 containing 1.022 acres, Lot 9 containing 0.915 acres, Lot 10 containing 0.746 acres, Lot 11 containing 1.012 acres, Lot 12 containing 1.020 acres, on a plat of subdivision prepared by Woods and Chastain Surveyors, Inc., Ray N. Woods, Registered Surveyor, dated January 30, 2002, recorded in Plat Book B-77, page 6, Madison County, Georgia records; said plat and the recording thereof are incorporated herein by reference as a part of this description. Subject to water and sewer easements and set back lines as shown on plat of record and as same appear of record.
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 Plansouth, Inc., or a tenant or tenants, and said property is more commonly known as described 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.
Branch Banking and Trust Company as Attorney in Fact for Plansouth, Inc.
Samuel L. Chesnutt as Attorney at Law for Branch Banking and Trust Company
Strickland, Chesnutt & Lindsay, LLP
650 Oglethorpe Avenue, Suite 1
Athens, Georgia 30606
Our file no. A09-339P
(NV5,12,19,26B/887-60)
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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.
By virtue of the Power of Sale contained in a Security Deed given by PLANSOUTH, INC. to BRANCH BANKING AND TRUST COMPANY, dated July 31, 2007, recorded in Deed Book 1041, Pages 241-249, Madison County, Georgia Records, last modified by instrument recorded at Deed Book 1154, Pages 171-173, aforesaid records, conveying the after-described property to which secures a Note dated July 31, 2007, in the original principal amount of $502,480.00, 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 December, 2009, the following described property:
TRACT ONE:
All That Tract or Parcel of Land, together with all improvements thereon, lying and being in the 205th District, G.M. of Madison County, Georgia, containing 49.183 acres, more or less, lying on the northerly side of County Road 329 and being more particularly shown and delineated on a plat prepared by James R. Smith, GRLS No. 2407, dated September 22, 2000, recorded at Plat Book B-72, Page 2, Madison County, Georgia Records; said plat and the recording thereof are incorporated herein by reference as a part of this description.
TRACT TWO:
All That Tract or Parcel of Land, together with all improvements thereon, lying and being in the 205th District, G.M. of Madison County, Georgia, containing 28.208 acres, more or less, lying on the northerly side of County Road 329, and being more particularly shown and delineated on a plat entitled “Survey for Plan South, Inc.,” by Cornerstone Land Surveying, certified by James R. Smith, GRLS No. 2407, dated September 18, 2003, recorded at Plat Book B-111, Page 8, Madison County, Georgia Records; said plat and the recording thereof are incorporated herein by reference as a part of this description.
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 Plansouth, Inc., or a tenant or tenants, and said property is more commonly known as described 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.
Branch Banking and Trust Company as Attorney in Fact for Plansouth, Inc.
Samuel L. Chesnutt as Attorney at Law for Branch Banking and Trust Company
Strickland, Chesnutt & Lindsay, LLP
650 Oglethorpe Avenue, Suite 1
Athens, Georgia 30606
Our file no. A09-338P
(NV5,12,19,26B/887-70)
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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.
By virtue of the Power of Sale contained in a Security Deed given by PLANSOUTH, INC. to MAIN STREET BANK, dated December 6, 2002, recorded in Deed Book 516, Pages 194-195, Madison County, Georgia Records, last modified in favor of Branch Banking and Trust Company by instrument recorded at Deed Book 1062, Pages 142-143, aforesaid records, conveying the after-described property to which secures a Note dated November 29, 2004, in the original principal amount of $691,723.83, 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 December, 2009, the following described property:
All That Tract or Parcel of Land lying and being in G.M.D. 205 of Madison County, Georgia, shown as Tract 1, containing 160.819 acres, more or less, on a plat of survey for PlanSouth, Inc., by Cornerstone Land Surveying, certified by James R. Smith, GRLS No. 2407, dated December 4, 2002, recorded at Plat Book B-94, page 4, Madison County, Georgia records; said plat and the recording thereof are incorporated herein by reference as a part of this description.
LESS AND EXCEPT: All That Tract or Parcel of Land lying and being in G.M.D. 205 of Madison County, Georgia, containing 10.00 acres, more or less, on a plat of survey for PlanSouth, Inc., by Cornerstone Land Surveying, certified by James R. Smith, GRLS No. 2407, dated October 16, 2003, recorded at Plat Book B-110, page 6, Madison County, Georgia records; said plat and the recording thereof are incorporated herein by reference as a part of this description.
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 Plansouth, Inc., or a tenant or tenants, and said property is more commonly known as described 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.
Branch Banking and Trust Company, successor to Main Street Bank as Attorney in Fact for Plansouth, Inc.
Samuel L. Chesnutt as Attorney at Law for Branch Banking and Trust Company
Strickland, Chesnutt & Lindsay, LLP
650 Oglethorpe Avenue, Suite 1
Athens, Georgia 30606
Our file no. A09-337P
(NV5,12,19,26B/887-60)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the Power of Sale contained in a Security Deed given by BERNICE P. CAMPBELL to IMPACT REALTY-MELTON & ASSOCIATES, INC., dated April 23, 2009, recorded in Deed Book 01177, Pages 0077-0090, Madison County, Georgia Records; conveying the after described property to secure a Note in the original principle amount of FOURTEEN THOUSAND NINE HUNDERED AND 0/100 DOLLARS ($14,900.00), with interest thereon as set forth therein, pursuant to said deed and the note thereby secured, has declared the entire amount due and payable and pursuit to the power of sale contained in said deed, will on the first Tuesday in December, 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, together with all improvements thereon, situate, lying and being in the 382nd District, G.M., Madison County, Georgia, being shown and designated as 5.470 acres on a plat of survey entitled “Survey for Charles Mark Durham and Debra Murray Durham,” dated January 18, 1991, prepared by J.R. Holland, RLS No. 1087, said plat being recorded in Plat Book 28, Page 550, Madison County, Georgia Records, said plat being incorporated herein by reference for a more detailed description.
Together with the ingress-egress easement, 40 feet in width, extending from the northern right of way line of Maple Wood Land to the Southern Boundary line of Tract “B” as described above, as shown on the plat of survey reference above. The easement granted herein shall run with the land and inure to the benefit of the Grantees, their heirs and assigns.
Which has the property address of 763 Woodale Street, Hull, Georgia 30646, 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.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is: Impact Realty-Melton & Associates, Inc., 855 Sunset Drive, Suite 11, Athens, GA 30606, Phone: 706-549-1799. Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
Said property will be sold as the property of Bernice P. Campbell and the proceeds of said sale shall be applied to the payment of said indebtedness, the expenses 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.
Impact Realty-Melton & Associates, Inc., Attorney in fact for Bernice P. Campbell
Impact Realty-Melton & Associates, Inc.
855 Sunset Drive, Suite 11
Athens, GA 30606
(706) 549 1799
impact realty@hotmail.com
(NV4,11,18,25P4)
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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 KIMBERLEY A. FORTSON and ROGER DARRELL FORTSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 10, 2001, in the amount of $87,500.00, and recorded in Deed Book 367, Page 43, 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 December, 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 parcel of land in City of Colbert, Madison County, State of Georgia, as more fully described in Deed Book 103, Page 86, ID# C1-02-022, being known and designated as Lot 1, Block B, filed in Plat Book A-2, Page 402 metes and bounds property. By Fee Simple Deed from Roger Darrell Fortson as set forth in Deed Book 103, page 86 dated 12/22/1997 and recorded 01/12/1998, Madison County Records, State of Georgia.
which has the property address of 153 West 2nd Avenue, 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 Kimberley A. Fortson and Roger Darrell Fortson 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 Kimberley A. Fortson and Roger Darrell Fortson
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-23863 /FNMA
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.
(NV5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Under and by virtue of the Power of Sale contained in that certain Security Deed and Agreement from SHANNON SMITH (“Grantor”) to APPALACHIAN COMMUNITY BANK (“Grantee”), dated February 2, 2007, filed and recorded February 2, 2007, in Deed Book 985, Page 176, Madison County, Georgia Records, and recorded February 7, 2007, in Deed Book 578, Page 395, Hart County, Georgia Records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note dated march 4, 2009, from GRK Farm, LLC payable to Gilmer County Bank, a division of Grantee, in the original principal amount of ONE MILLION FIFTY FOUR THOUSAND FIVE HUNDRED SIXTY ONE AND 08/100 DOLLARS ($1,054,561.08), with interest thereon as set forth therein (as modified and renewed, the “Note”), 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 December, 2009, the following described property:
All that tract or parcel of land lying and being In the 591st G.M., District of Madison County, Georgia, and the 1113th G.M., District of Hart County, Georgia, CONTAINING 47.18 acres, more or less, bounded on the north by lends of E.W. Smith and Carse Pullem, on the east by lands of J.V. Duncan, on the south by lands of Evans, and on the west by public road and lands of E.W. Smith, and having the following metes and bounds, to-wit: Beginning at the extreme south, where the property herein conveyed and lands of Evans intersect with the branch, and running thence along branch N33E 1.25 chs; thence N65E 1.52; S89E 1.23; S55E 1.13; S871/2E 1.06; N5E 1.09; N74E 1.48; N42E 1.67; N85E 2.64; N53E 0.88; N79E 1.61; N31E 1.56; N9E 0.79; N20E 2.20; N42E 1.20; N29E 1.18; N48E 1.18; N22E 2.36; N18E 1.74; N71E 0.83; N52E 1.59; N78E 1.70; N41E 1.61; N31E 1.48; N7E 1.65; N1E 2.74; Thence leaving the branch, S891/2W 15.51 chs to rock & pin; thence S231/2W 2.88 to pin an oak; thence S841/2W 4.09 to pin; thence N511/2W 4.28 to pin in road; thence along the said road S47W 1.61 to point; thence S281/2W 10.65 to point thence, leaving road S45E 3.41 to point; thence S39W 3.15 to point; thence N561/2W 3.00 to point; thence S401/2W 0.88 to point; thence Sl7W 2.81 to point; thence S52E 10.50 chs to the point of beginning on branch. All according to a plat of survey made by A.P. Stevens, Jr., Surveyor, of date January 7, 1960, which plat is recorded in Plat Book 5, Page 95, Madison County Public Records and Plat Book 15, Page 169, Hart County Public Records, which plat and the record thereof are by reference incorporated herein.
The property described above (the “Real Property”) will be sold together with the following, as more particularly described in that certain UCC Financing Statement No. 095-2007-000653, filed for record in Madison County, Georgia Records (all of such real property, fixtures and personal property hereinafter being collectively referred to as the “Premises”);
(a) ACCOUNTS: All of Debtor’s accounts, accounts receivable, contract rights, general intangibles, notes, documents, chattel paper, instruments, acceptances, drafts, whether or not the same are subject to or defined by, Article 9 of Uniform Commercial Code or whether or not the same constitute by reason of one or more of the foregoing clauses, a right to the payment of money or other form of consideration of any kind, at any time existing now or hereafter owing or to be owing to Debtor, whether or not the same are listed on any scheduled assignments or reports furnished to Secured Party from time to time, whether the same are now existing or are created or acquired at any time hereafter; any liens which Debtor may hold for the payment of any of the foregoing, any and all guarantees and securities which Debtor may hold for the payment of any of the foregoing; and all proceeds thereof (all of the foregoing hereinafter collectively called (“Accounts”); Accounts shall include, without limitation, any and all rights to payments from:
(i) FARM PRODUCTS: All of Debtor’s presently existing and hereafter acquired farm products, wherever located, including, without limitations, livestock and supplies used or produced in raising, fattening, grazing or other fanning operations, and all products of end livestock in their unmanufactured states (all of the foregoing hereinafter collectively called “Farm Products”);
(ii) EQUIPMENT: All of Debtor’s presently existing and hereafter acquired equipment, wherever located, including, without limitation, machinery, fixtures, appliances, furniture, leasehold improvements and motor vehicles and all replacements thereof and accessions, parts and equipment now or hereafter affixed thereto or used in connection therewith (all of the foregoing hereinafter collectively called “Equipment”);
(iii) INVENTORY: All of Debtor’s presently editing and hereafter acquired inventory, wherever located, including, without limitation, all goods held by Debtor for sale or lease or to be furnished under contracts of service or so furnished, all raw materials, work in process and finished goods, all supplies tad materials used or consumed in Debtor’s business, and all warehouse receipts and other documents of title issued for such good (all of the foregoing hereinafter collectively called “Inventory”);
(iv) PROCEEDS: All proceeds end products of Accounts, Inventory, Equipment, Farm Products, including, without limitation, accounts, inventory, equipment, the proceeds of insurance or other tangible or intangible property, resulting from the sale or other disposition of any of the foregoing or the rendition of services by Debtor and the proceeds and products thereof (all of the foregoing hereinafter collectively called “Proceeds”).
(b) All income, rents, issues, and profits and revenues of the Premises 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, of Grantor of, in and to the same.
(c) All equipment and fixtures of the Grantor used in or useful in the conduct of the Grantor’s operation of a poultry farm business, now or hereafter acquired, and all accessories, parts and equipment now or hereafter affixed thereto or used in connection therewith.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Agreement. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property is located at 768 Norman Dove Road, Royston, Madison County, Georgia, and the parties in possession of the property are GRK Farm, LLC, Shannon Smith, Kevin R. Peeples, or their tenant or tenants.
Appalachian Community Bank, as Attorney-in-Fact for GRK Farm, LLC and Shannon Smith
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
(NV5,12,19,26P4)
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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 53-56, 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 December, 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-12, 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 12-A Rose Hill Subdivision, 355 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 30th 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
(NV5,12,19,26B/1034-60P)
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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
(NV5,12,19,26B/1034-60P)
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Notice of Sale
Notice of SaleUnder Power in Security Deed
State of Georgia
County of Madison
On April 12, 2006, SEAGRAVES MANAGEMENT, INC. executed a Security Deed With Power of Sale to MERCHANTS & FARMERS BANK securing a note of even date in the amount of ONE MILLION FOUR HUNDRED FOURTEEN THOUSAND FOUR HUNDRED TWENTY-TWO AND 81/100 DOLLARS ($1,414,422.81), said security deed being recorded in Deed Book 901, Pages 63-70, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Merchants & Farmers Bank there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Danielsville, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in December, the same being December 1, 2009, the following described property:
TRACT ONE:
All that tract or parcel of land, together with all improvements thereon, containing 362.30 acres, more or less, situate, lying and being in the 262nd District, G.M. of Madison County, Georgia and being more particularly shown and designated as Tract 1 on a plat entitled “SURVEY FOR: MARY HART”, prepared by Bauknight & Associates, Inc., W. Slate Bauknight, Registered Surveyor, dated April 18, 2005, recorded in Plat Book B143, Page 4A, Madison County Records, which plat and record are by reference incorporated herein;
TRACT TWO:
All that tract or parcel of land, together with all improvements thereon, containing 45.79 acres, more or less, situate, lying and being in the 262nd District, G.M. of Madison County, Georgia and being more particularly shown and designated as Tract 2 on a plat entitled “SURVEY FOR: MARY HART”, prepared by Bauknight & Associates, Inc., W. Slate Bauknight, Registered Surveyor, dated April 18, 2005, recorded in Plat Book B143, Page 4A, Madison County Records, which plat and record are by reference incorporated herein;
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Seagraves Management, Inc. and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Seagraves Management, Inc.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with Debtor is Merchants & Farmers Bank, P.O. Box 316, Colbert, Georgia 30628, Phone Number 706-788-2133.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Merchants & Farmers Bank.
Dated this 28th day of October, 2009.
Merchants & Farmers Bank Attorney-in-fact for Seagraves Management, Inc.
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants & Farmers Bank
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by DONALD A. SEABOLT and SHERRY L. SEABOLT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for QUICKEN LOANS, INC., dated August 19, 2005, and filed for record August 31, 2005, in Deed Book 832, Page 164, Madison County, Georgia Records, and securing a Note in the original principal amount of $188,800.00; last transferred to The Bank of New York Mellon FKA The Bank of New York, As Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-54CB Mortgage Pass-Through Certificates, Series 2005-54CB by Assignment filed for recording in Madison County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Madison County, Georgia, between the legal hours of sale on the first Tuesday in December, 2009, by The Bank of New York Mellon FKA The Bank of New York, As Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-54CB Mortgage Pass-Through Certificates, Series 2005-54CB as Attorney-in-Fact for Donald A. Seabolt and Sherry L. Seabolt the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in the 382nd G.M.D., Madison County, Georgia, as shown by Survey entitled, “Survey for Sherry L. Farris and Scott D. Farris”, dated July 6, 1995, prepared by James M. Paul, certified by James M. Paul, Georgia Registered Land Surveyor; said plat being of record in the Office of the Clerk of Superior Court of Madison County, Georgia in Plat Book 33, Page 162, which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
The above described property is also known as 3604 Highway 29 South, Colbert, GA 30628.
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, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, 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.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Donald A. Seabolt and Sherry L. Seabolt.
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P. O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP, as servicer for The Bank of New York Mellon FKA The Bank of New York, As Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-54CB Mortgage Pass-Through Certificates, Series 2005-54CB to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
The Bank of New York Mellon FKA The Bank of New York, As Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-54CB Mortgage Pass-Through Certificates, Series 2005-54CB as Attorney-in-Fact for Donald A. Seabolt and Sherry L. Seabolt
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26B/119-70)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On December 29, 2006, CHARLES C. DINSMORE executed a Security Deed With Power of Sale to MERCHANTS & FARMERS BANK securing a note of even date in the amount OF ONE HUNDRED SEVENTY-FIVE THOUSAND FIVE HUNDRED FIVE AND 00/100 DOLLARS ($175,505.00), said security deed being recorded in Deed Book 987, Pages 225-230, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Merchants & Farmers Bank there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Danielsville, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in December, the same being December 1, 2009, the following described property:
All that tract or parcel of land, together with all improvements thereon, containing 39 acres, more or less, lying and being in the 204th District, G. M., Madison County, Georgia, on the westerly side of U.S. Highway 29 approximately 3/4 of a mile northerly from Danielsville and bounded now or formerly as follows: On the northeast by lands of Aradt, Bridges, Bond, Fairfield Baptist Church and Nelms (Carey-Hill county dirt road separating in part); on the southeast by the right of way of said U.S. Highway No. 29; on the south by lands of Falany and Adams; on the southwest by lands of Falany and Adams and Segers; and on the northwest by lands of Mann;
Said tract of land being the same property conveyed to Billy H. Caudell by Johnnie L. Few by warranty deed dated October 5, 1976, recorded in Deed Book C-6, page 622, in the Office of the Clerk of the Superior Court of Madison County, Georgia, and also being the same property formerly owned by Henry B. Sanders and devised to John W. Sanders by will as recorded in Will Book C, Pages 153 and 154, Office of the Probate Judge of Madison County, Georgia;
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in the 204th G.M. District, Madison County, Georgia, containing 1.28 acres, more or less, together with all improvements thereon, on the northwesterly side of U.S. Highway 29, and being more particularly shown and delineated on a plat entitled “SURVEY FOR: FRANK T. AND MARY L. DEFOOR,” dated December 13, 1996, prepared by Sherald G. Sharp, Registered Surveyor, recorded in Plat Book 33, page 556, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein for a more particular description;
LESS AND EXCEPT: All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 204th G.M. District, Madison County, Georgia, containing 30.552 acres, more or less, as being more particularly described in that Warranty Deed from Frank T. DeFoor and Mary L. DeFoor to E.A. Mann, et al, dated June 8, 1995, and recorded in Deed Book Z-11, page 373, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said deed and description being incorporated herein by reference;
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Charles C. Dinsmore and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Charles C. Dinsmore.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with Debtor is Merchants & Farmers Bank, P.O. Box 316, Colbert, Georgia 30628, Phone Number 706-788-2133.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Merchants & Farmers Bank.
Dated this 28th day of October, 2009.
Merchants & Farmers Bank Attorney-in-fact for Charles C. Dinsmore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants & Farmers Bank
(NV5,12,19,26P4)
[Full Story »]
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 MARTIN J. GUZMAN to WELLS FARGO BANK, NA, dated December 22, 2004, recorded in Deed Book 760, Page 113, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THREE THOUSAND TWO HUNDRED TWENTY-FIVE AND 0/100 DOLLARS ($103,225.00), 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 December, 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 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.
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 Martin J. Guzman or a tenant or tenants and said property is more commonly known as 133 Madison Ave., 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.
Wells Fargo Bank, NA as Attorney in Fact for Martin J. Guzman
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pak 12/1/09
Our file no. 51610209-FT5
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 382nd GMD, Madison County, Georgia, being shown and delineated as Lot 38, Block A, according to a final plat of Madison Acres, Phase One, Section Four, by Landmark Engineering Corporation, J. R. Holland, Georgia Registered Land Surveyor #1087, dated November 20, 1980, and recorded in Plat Book 23, Page 164, in the Office of the Clerk of Superior Court of Madison County, Georgia, which plat is referred to herein for a more complete and detailed description. This is the same property conveyed by deed recorded in Deed Book I-10, Page 620, said records.
Also conveyed herewith is a 2004 Palm Harbor 48x32 manufactured home, Serial Number 23-5341AB, which is permanently attached to and made a part of the real property.
(NV5,12,19,26B/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.
By virtue of the Power of Sale contained in a Security Deed given by PLANSOUTH, INC. to BRANCH BANKING AND TRUST COMPANY, dated March 29, 2006, recorded in Deed Book 898, Pages 49-57, Madison County, Georgia Records, last modified by instrument recorded at Deed Book 1154, Pages 174-176, aforesaid records, conveying the after-described property to which secures a Note dated March 29, 2006, in the original principal amount of $576,000.00, 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 December, 2009, the following described property:
All those 12 Lots and Parcels of Land, together with all improvements thereon, situate, lying and being in the 204th District, G.M., Madison County, Georgia, in the City of Danielsville, and being separately shown and designated as Lot 1 containing 1.352 acres, Lot 2 containing 0.985 acres, Lot 3 containing 1.120 acres, Lot 4 containing 1.134 acres, Lot 5 containing 0.951 acres, Lot 6 containing 1.224 acres, Lot 7 containing 1.453 acres, Lot 8 containing 1.022 acres, Lot 9 containing 0.915 acres, Lot 10 containing 0.746 acres, Lot 11 containing 1.012 acres, Lot 12 containing 1.020 acres, on a plat of subdivision prepared by Woods and Chastain Surveyors, Inc., Ray N. Woods, Registered Surveyor, dated January 30, 2002, recorded in Plat Book B-77, page 6, Madison County, Georgia records; said plat and the recording thereof are incorporated herein by reference as a part of this description. Subject to water and sewer easements and set back lines as shown on plat of record and as same appear of record.
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 Plansouth, Inc., or a tenant or tenants, and said property is more commonly known as described 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.
Branch Banking and Trust Company as Attorney in Fact for Plansouth, Inc.
Samuel L. Chesnutt as Attorney at Law for Branch Banking and Trust Company
Strickland, Chesnutt & Lindsay, LLP
650 Oglethorpe Avenue, Suite 1
Athens, Georgia 30606
Our file no. A09-339P
(NV5,12,19,26B/887-60)
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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.
By virtue of the Power of Sale contained in a Security Deed given by PLANSOUTH, INC. to BRANCH BANKING AND TRUST COMPANY, dated July 31, 2007, recorded in Deed Book 1041, Pages 241-249, Madison County, Georgia Records, last modified by instrument recorded at Deed Book 1154, Pages 171-173, aforesaid records, conveying the after-described property to which secures a Note dated July 31, 2007, in the original principal amount of $502,480.00, 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 December, 2009, the following described property:
TRACT ONE:
All That Tract or Parcel of Land, together with all improvements thereon, lying and being in the 205th District, G.M. of Madison County, Georgia, containing 49.183 acres, more or less, lying on the northerly side of County Road 329 and being more particularly shown and delineated on a plat prepared by James R. Smith, GRLS No. 2407, dated September 22, 2000, recorded at Plat Book B-72, Page 2, Madison County, Georgia Records; said plat and the recording thereof are incorporated herein by reference as a part of this description.
TRACT TWO:
All That Tract or Parcel of Land, together with all improvements thereon, lying and being in the 205th District, G.M. of Madison County, Georgia, containing 28.208 acres, more or less, lying on the northerly side of County Road 329, and being more particularly shown and delineated on a plat entitled “Survey for Plan South, Inc.,” by Cornerstone Land Surveying, certified by James R. Smith, GRLS No. 2407, dated September 18, 2003, recorded at Plat Book B-111, Page 8, Madison County, Georgia Records; said plat and the recording thereof are incorporated herein by reference as a part of this description.
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 Plansouth, Inc., or a tenant or tenants, and said property is more commonly known as described 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.
Branch Banking and Trust Company as Attorney in Fact for Plansouth, Inc.
Samuel L. Chesnutt as Attorney at Law for Branch Banking and Trust Company
Strickland, Chesnutt & Lindsay, LLP
650 Oglethorpe Avenue, Suite 1
Athens, Georgia 30606
Our file no. A09-338P
(NV5,12,19,26B/887-70)
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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.
By virtue of the Power of Sale contained in a Security Deed given by PLANSOUTH, INC. to MAIN STREET BANK, dated December 6, 2002, recorded in Deed Book 516, Pages 194-195, Madison County, Georgia Records, last modified in favor of Branch Banking and Trust Company by instrument recorded at Deed Book 1062, Pages 142-143, aforesaid records, conveying the after-described property to which secures a Note dated November 29, 2004, in the original principal amount of $691,723.83, 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 December, 2009, the following described property:
All That Tract or Parcel of Land lying and being in G.M.D. 205 of Madison County, Georgia, shown as Tract 1, containing 160.819 acres, more or less, on a plat of survey for PlanSouth, Inc., by Cornerstone Land Surveying, certified by James R. Smith, GRLS No. 2407, dated December 4, 2002, recorded at Plat Book B-94, page 4, Madison County, Georgia records; said plat and the recording thereof are incorporated herein by reference as a part of this description.
LESS AND EXCEPT: All That Tract or Parcel of Land lying and being in G.M.D. 205 of Madison County, Georgia, containing 10.00 acres, more or less, on a plat of survey for PlanSouth, Inc., by Cornerstone Land Surveying, certified by James R. Smith, GRLS No. 2407, dated October 16, 2003, recorded at Plat Book B-110, page 6, Madison County, Georgia records; said plat and the recording thereof are incorporated herein by reference as a part of this description.
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 Plansouth, Inc., or a tenant or tenants, and said property is more commonly known as described 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.
Branch Banking and Trust Company, successor to Main Street Bank as Attorney in Fact for Plansouth, Inc.
Samuel L. Chesnutt as Attorney at Law for Branch Banking and Trust Company
Strickland, Chesnutt & Lindsay, LLP
650 Oglethorpe Avenue, Suite 1
Athens, Georgia 30606
Our file no. A09-337P
(NV5,12,19,26B/887-60)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the Power of Sale contained in a Security Deed given by BERNICE P. CAMPBELL to IMPACT REALTY-MELTON & ASSOCIATES, INC., dated April 23, 2009, recorded in Deed Book 01177, Pages 0077-0090, Madison County, Georgia Records; conveying the after described property to secure a Note in the original principle amount of FOURTEEN THOUSAND NINE HUNDERED AND 0/100 DOLLARS ($14,900.00), with interest thereon as set forth therein, pursuant to said deed and the note thereby secured, has declared the entire amount due and payable and pursuit to the power of sale contained in said deed, will on the first Tuesday in December, 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, together with all improvements thereon, situate, lying and being in the 382nd District, G.M., Madison County, Georgia, being shown and designated as 5.470 acres on a plat of survey entitled “Survey for Charles Mark Durham and Debra Murray Durham,” dated January 18, 1991, prepared by J.R. Holland, RLS No. 1087, said plat being recorded in Plat Book 28, Page 550, Madison County, Georgia Records, said plat being incorporated herein by reference for a more detailed description.
Together with the ingress-egress easement, 40 feet in width, extending from the northern right of way line of Maple Wood Land to the Southern Boundary line of Tract “B” as described above, as shown on the plat of survey reference above. The easement granted herein shall run with the land and inure to the benefit of the Grantees, their heirs and assigns.
Which has the property address of 763 Woodale Street, Hull, Georgia 30646, 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.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is: Impact Realty-Melton & Associates, Inc., 855 Sunset Drive, Suite 11, Athens, GA 30606, Phone: 706-549-1799. Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
Said property will be sold as the property of Bernice P. Campbell and the proceeds of said sale shall be applied to the payment of said indebtedness, the expenses 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.
Impact Realty-Melton & Associates, Inc., Attorney in fact for Bernice P. Campbell
Impact Realty-Melton & Associates, Inc.
855 Sunset Drive, Suite 11
Athens, GA 30606
(706) 549 1799
impact realty@hotmail.com
(NV4,11,18,25P4)
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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 KIMBERLEY A. FORTSON and ROGER DARRELL FORTSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 10, 2001, in the amount of $87,500.00, and recorded in Deed Book 367, Page 43, 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 December, 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 parcel of land in City of Colbert, Madison County, State of Georgia, as more fully described in Deed Book 103, Page 86, ID# C1-02-022, being known and designated as Lot 1, Block B, filed in Plat Book A-2, Page 402 metes and bounds property. By Fee Simple Deed from Roger Darrell Fortson as set forth in Deed Book 103, page 86 dated 12/22/1997 and recorded 01/12/1998, Madison County Records, State of Georgia.
which has the property address of 153 West 2nd Avenue, 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 Kimberley A. Fortson and Roger Darrell Fortson 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 Kimberley A. Fortson and Roger Darrell Fortson
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-23863 /FNMA
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.
(NV5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Under and by virtue of the Power of Sale contained in that certain Security Deed and Agreement from SHANNON SMITH (“Grantor”) to APPALACHIAN COMMUNITY BANK (“Grantee”), dated February 2, 2007, filed and recorded February 2, 2007, in Deed Book 985, Page 176, Madison County, Georgia Records, and recorded February 7, 2007, in Deed Book 578, Page 395, Hart County, Georgia Records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note dated march 4, 2009, from GRK Farm, LLC payable to Gilmer County Bank, a division of Grantee, in the original principal amount of ONE MILLION FIFTY FOUR THOUSAND FIVE HUNDRED SIXTY ONE AND 08/100 DOLLARS ($1,054,561.08), with interest thereon as set forth therein (as modified and renewed, the “Note”), 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 December, 2009, the following described property:
All that tract or parcel of land lying and being In the 591st G.M., District of Madison County, Georgia, and the 1113th G.M., District of Hart County, Georgia, CONTAINING 47.18 acres, more or less, bounded on the north by lends of E.W. Smith and Carse Pullem, on the east by lands of J.V. Duncan, on the south by lands of Evans, and on the west by public road and lands of E.W. Smith, and having the following metes and bounds, to-wit: Beginning at the extreme south, where the property herein conveyed and lands of Evans intersect with the branch, and running thence along branch N33E 1.25 chs; thence N65E 1.52; S89E 1.23; S55E 1.13; S871/2E 1.06; N5E 1.09; N74E 1.48; N42E 1.67; N85E 2.64; N53E 0.88; N79E 1.61; N31E 1.56; N9E 0.79; N20E 2.20; N42E 1.20; N29E 1.18; N48E 1.18; N22E 2.36; N18E 1.74; N71E 0.83; N52E 1.59; N78E 1.70; N41E 1.61; N31E 1.48; N7E 1.65; N1E 2.74; Thence leaving the branch, S891/2W 15.51 chs to rock & pin; thence S231/2W 2.88 to pin an oak; thence S841/2W 4.09 to pin; thence N511/2W 4.28 to pin in road; thence along the said road S47W 1.61 to point; thence S281/2W 10.65 to point thence, leaving road S45E 3.41 to point; thence S39W 3.15 to point; thence N561/2W 3.00 to point; thence S401/2W 0.88 to point; thence Sl7W 2.81 to point; thence S52E 10.50 chs to the point of beginning on branch. All according to a plat of survey made by A.P. Stevens, Jr., Surveyor, of date January 7, 1960, which plat is recorded in Plat Book 5, Page 95, Madison County Public Records and Plat Book 15, Page 169, Hart County Public Records, which plat and the record thereof are by reference incorporated herein.
The property described above (the “Real Property”) will be sold together with the following, as more particularly described in that certain UCC Financing Statement No. 095-2007-000653, filed for record in Madison County, Georgia Records (all of such real property, fixtures and personal property hereinafter being collectively referred to as the “Premises”);
(a) ACCOUNTS: All of Debtor’s accounts, accounts receivable, contract rights, general intangibles, notes, documents, chattel paper, instruments, acceptances, drafts, whether or not the same are subject to or defined by, Article 9 of Uniform Commercial Code or whether or not the same constitute by reason of one or more of the foregoing clauses, a right to the payment of money or other form of consideration of any kind, at any time existing now or hereafter owing or to be owing to Debtor, whether or not the same are listed on any scheduled assignments or reports furnished to Secured Party from time to time, whether the same are now existing or are created or acquired at any time hereafter; any liens which Debtor may hold for the payment of any of the foregoing, any and all guarantees and securities which Debtor may hold for the payment of any of the foregoing; and all proceeds thereof (all of the foregoing hereinafter collectively called (“Accounts”); Accounts shall include, without limitation, any and all rights to payments from:
(i) FARM PRODUCTS: All of Debtor’s presently existing and hereafter acquired farm products, wherever located, including, without limitations, livestock and supplies used or produced in raising, fattening, grazing or other fanning operations, and all products of end livestock in their unmanufactured states (all of the foregoing hereinafter collectively called “Farm Products”);
(ii) EQUIPMENT: All of Debtor’s presently existing and hereafter acquired equipment, wherever located, including, without limitation, machinery, fixtures, appliances, furniture, leasehold improvements and motor vehicles and all replacements thereof and accessions, parts and equipment now or hereafter affixed thereto or used in connection therewith (all of the foregoing hereinafter collectively called “Equipment”);
(iii) INVENTORY: All of Debtor’s presently editing and hereafter acquired inventory, wherever located, including, without limitation, all goods held by Debtor for sale or lease or to be furnished under contracts of service or so furnished, all raw materials, work in process and finished goods, all supplies tad materials used or consumed in Debtor’s business, and all warehouse receipts and other documents of title issued for such good (all of the foregoing hereinafter collectively called “Inventory”);
(iv) PROCEEDS: All proceeds end products of Accounts, Inventory, Equipment, Farm Products, including, without limitation, accounts, inventory, equipment, the proceeds of insurance or other tangible or intangible property, resulting from the sale or other disposition of any of the foregoing or the rendition of services by Debtor and the proceeds and products thereof (all of the foregoing hereinafter collectively called “Proceeds”).
(b) All income, rents, issues, and profits and revenues of the Premises 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, of Grantor of, in and to the same.
(c) All equipment and fixtures of the Grantor used in or useful in the conduct of the Grantor’s operation of a poultry farm business, now or hereafter acquired, and all accessories, parts and equipment now or hereafter affixed thereto or used in connection therewith.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Agreement. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property is located at 768 Norman Dove Road, Royston, Madison County, Georgia, and the parties in possession of the property are GRK Farm, LLC, Shannon Smith, Kevin R. Peeples, or their tenant or tenants.
Appalachian Community Bank, as Attorney-in-Fact for GRK Farm, LLC and Shannon Smith
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
(NV5,12,19,26P4)
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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 53-56, 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 December, 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-12, 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 12-A Rose Hill Subdivision, 355 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 30th 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
(NV5,12,19,26B/1034-60P)
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
(NV5,12,19,26B/1034-60P)
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Notice of Sale
Notice of SaleUnder Power in Security Deed
State of Georgia
County of Madison
On April 12, 2006, SEAGRAVES MANAGEMENT, INC. executed a Security Deed With Power of Sale to MERCHANTS & FARMERS BANK securing a note of even date in the amount of ONE MILLION FOUR HUNDRED FOURTEEN THOUSAND FOUR HUNDRED TWENTY-TWO AND 81/100 DOLLARS ($1,414,422.81), said security deed being recorded in Deed Book 901, Pages 63-70, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Merchants & Farmers Bank there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Danielsville, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in December, the same being December 1, 2009, the following described property:
TRACT ONE:
All that tract or parcel of land, together with all improvements thereon, containing 362.30 acres, more or less, situate, lying and being in the 262nd District, G.M. of Madison County, Georgia and being more particularly shown and designated as Tract 1 on a plat entitled “SURVEY FOR: MARY HART”, prepared by Bauknight & Associates, Inc., W. Slate Bauknight, Registered Surveyor, dated April 18, 2005, recorded in Plat Book B143, Page 4A, Madison County Records, which plat and record are by reference incorporated herein;
TRACT TWO:
All that tract or parcel of land, together with all improvements thereon, containing 45.79 acres, more or less, situate, lying and being in the 262nd District, G.M. of Madison County, Georgia and being more particularly shown and designated as Tract 2 on a plat entitled “SURVEY FOR: MARY HART”, prepared by Bauknight & Associates, Inc., W. Slate Bauknight, Registered Surveyor, dated April 18, 2005, recorded in Plat Book B143, Page 4A, Madison County Records, which plat and record are by reference incorporated herein;
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Seagraves Management, Inc. and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Seagraves Management, Inc.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with Debtor is Merchants & Farmers Bank, P.O. Box 316, Colbert, Georgia 30628, Phone Number 706-788-2133.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Merchants & Farmers Bank.
Dated this 28th day of October, 2009.
Merchants & Farmers Bank Attorney-in-fact for Seagraves Management, Inc.
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants & Farmers Bank
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by DONALD A. SEABOLT and SHERRY L. SEABOLT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for QUICKEN LOANS, INC., dated August 19, 2005, and filed for record August 31, 2005, in Deed Book 832, Page 164, Madison County, Georgia Records, and securing a Note in the original principal amount of $188,800.00; last transferred to The Bank of New York Mellon FKA The Bank of New York, As Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-54CB Mortgage Pass-Through Certificates, Series 2005-54CB by Assignment filed for recording in Madison County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Madison County, Georgia, between the legal hours of sale on the first Tuesday in December, 2009, by The Bank of New York Mellon FKA The Bank of New York, As Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-54CB Mortgage Pass-Through Certificates, Series 2005-54CB as Attorney-in-Fact for Donald A. Seabolt and Sherry L. Seabolt the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in the 382nd G.M.D., Madison County, Georgia, as shown by Survey entitled, “Survey for Sherry L. Farris and Scott D. Farris”, dated July 6, 1995, prepared by James M. Paul, certified by James M. Paul, Georgia Registered Land Surveyor; said plat being of record in the Office of the Clerk of Superior Court of Madison County, Georgia in Plat Book 33, Page 162, which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
The above described property is also known as 3604 Highway 29 South, Colbert, GA 30628.
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, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, 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.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Donald A. Seabolt and Sherry L. Seabolt.
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P. O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP, as servicer for The Bank of New York Mellon FKA The Bank of New York, As Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-54CB Mortgage Pass-Through Certificates, Series 2005-54CB to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
The Bank of New York Mellon FKA The Bank of New York, As Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-54CB Mortgage Pass-Through Certificates, Series 2005-54CB as Attorney-in-Fact for Donald A. Seabolt and Sherry L. Seabolt
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26B/119-70)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On December 29, 2006, CHARLES C. DINSMORE executed a Security Deed With Power of Sale to MERCHANTS & FARMERS BANK securing a note of even date in the amount OF ONE HUNDRED SEVENTY-FIVE THOUSAND FIVE HUNDRED FIVE AND 00/100 DOLLARS ($175,505.00), said security deed being recorded in Deed Book 987, Pages 225-230, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Merchants & Farmers Bank there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Danielsville, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in December, the same being December 1, 2009, the following described property:
All that tract or parcel of land, together with all improvements thereon, containing 39 acres, more or less, lying and being in the 204th District, G. M., Madison County, Georgia, on the westerly side of U.S. Highway 29 approximately 3/4 of a mile northerly from Danielsville and bounded now or formerly as follows: On the northeast by lands of Aradt, Bridges, Bond, Fairfield Baptist Church and Nelms (Carey-Hill county dirt road separating in part); on the southeast by the right of way of said U.S. Highway No. 29; on the south by lands of Falany and Adams; on the southwest by lands of Falany and Adams and Segers; and on the northwest by lands of Mann;
Said tract of land being the same property conveyed to Billy H. Caudell by Johnnie L. Few by warranty deed dated October 5, 1976, recorded in Deed Book C-6, page 622, in the Office of the Clerk of the Superior Court of Madison County, Georgia, and also being the same property formerly owned by Henry B. Sanders and devised to John W. Sanders by will as recorded in Will Book C, Pages 153 and 154, Office of the Probate Judge of Madison County, Georgia;
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in the 204th G.M. District, Madison County, Georgia, containing 1.28 acres, more or less, together with all improvements thereon, on the northwesterly side of U.S. Highway 29, and being more particularly shown and delineated on a plat entitled “SURVEY FOR: FRANK T. AND MARY L. DEFOOR,” dated December 13, 1996, prepared by Sherald G. Sharp, Registered Surveyor, recorded in Plat Book 33, page 556, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein for a more particular description;
LESS AND EXCEPT: All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 204th G.M. District, Madison County, Georgia, containing 30.552 acres, more or less, as being more particularly described in that Warranty Deed from Frank T. DeFoor and Mary L. DeFoor to E.A. Mann, et al, dated June 8, 1995, and recorded in Deed Book Z-11, page 373, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said deed and description being incorporated herein by reference;
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Charles C. Dinsmore and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Charles C. Dinsmore.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with Debtor is Merchants & Farmers Bank, P.O. Box 316, Colbert, Georgia 30628, Phone Number 706-788-2133.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Merchants & Farmers Bank.
Dated this 28th day of October, 2009.
Merchants & Farmers Bank Attorney-in-fact for Charles C. Dinsmore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants & Farmers Bank
(NV5,12,19,26P4)
[Full Story »]
Madison County Public Notices 10-29-09 pt 2
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 JANICE C. WRIGHT to WELLS FARGO HOME MORTGAGE INC., dated March 26, 2004, recorded in Deed Book 684, Page 187, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND NINETY-EIGHT AND 0/100 DOLLARS ($86,098.00), 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: 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 Janice C. Wright or a tenant or tenants and said property is more commonly known as 883 Rousey Duncan 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 Janice C. Wright
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 11/3/09
Our file no. 52553209-FT5
EXHIBIT A
All that tract or parcel of land, with improvements thereon, lying and being in the 591st G.M. District of Madison County, Georgia, Containing 2.99 acres, more or less, and being bounded now or formerly as follows: On the northeast by County Dirt Road No. 13, centerline being property line; and on the southeast, southwest and northwest by property of John Duncan.
Said tract of land being more particularly described according to a plat of survey prepared by Dean H. Teasley, Registered Land Surveyor, dated October 9, 1985, which plat, recorded in Plat Book 22, Page 525, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
This conveyance is made subject to all zoning ordinances, easements, rights of way for public roads and public utilities and any restrictions of record affecting said described property. Tax Map/Parcel: 88 69
(OC8,15,22,28B/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 RICHARD TRAVIS SIMS and MARY LOU SIMS to WELLS FARGO BANK, N.A., dated August 22, 2008, recorded in Deed Book 1132, Page 200, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND SEVEN HUNDRED SIXTY-FOUR AND 0/100 DOLLARS ($79,764.00), 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: 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 Richard Travis Sims and Mary Lou Sims or a tenant or tenants and said property is more commonly known as 522 Laurel Ave., 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Richard Travis Sims and Mary Lou Sims
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52428309-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, lying and being in the City of Comer, Madison County, Georgia, lying on the east side of the home lot of the late A. W. Chandler and bounded on the north by the Danielsville and Carlton public road and on the west by the Chandler lot and on the south by lands now or formerly of J.C. Kidd and on the east by lands of W. E. McConnell formerly Gholston Bros.; beginning at a stake on the corner of McConnell lands and running thence west along said public road 135 feet to a stake; thence south 180 feet to a stake on the J. C. Kidd line; thence east 135 feet to a stake on McConnell’s line; thence north 180 feet to the beginning corner. Containing 24,300.00 square feet, more or less, the same being a portion of the home lot of the late A. W. Chandler home place. Together with all improvements situated or located on the above described property.
(OC8,15,22,29B/12062-70T1P)
gpn11
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 OTIS R. MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, recorded in Deed Book 1049, Page 64, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. by assignment recorded in Deed Book 1161, Page 247, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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 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: 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 Otis R. Minish and AKA Randy Minish or a tenant or tenants and said property is more commonly known as 1688 Lucky Jones Rd., 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. as Attorney in Fact for Otis R. Minish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vd0 11/3/09
Our file no. 532509-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 383rd GMD of Madison County, Georgia, containing 2.80 acres more or less, and being designated as Tract No. 2, as per plat recorded in Plat Book 26, Page 317, records of Madison County, Georgia, which plat is by reference incorporated herein and made a part hereof.
(OC8,15,22,29B/12062-60T1P)
Gpn16
Public Hearing Notice
The Madison County Planning & Zoning Commission will hold public hearings on Tuesday, November 17, 2009, at 6:30 p.m., and the Madison County Board of Commissioners will hold public hearings on Monday December 7, 2009, at 6:30 p.m. The hearings are held at the Government Complex located at 91 Albany Ave., Danielsville. For additional information contact Madison County Planning & Zoning at 706-795-6340. The following matters will be heard:
1. Danny Vaughn for his daughter Toni Vaughn request to rezone 8.492 ac. from A-2 to RR to subdivide into 3 parcels. This property is located on Map 15 Parcel 102-01 on Sailors Rd. in District 1.
2. Chairman Wayne Douglas change to Section 9.1.3.1 of the Zoning Ordinance to be amended for medical hardship.
3. Chairman Wayne Douglas change to Section 9.1.3.6 of the Zoning Ordinance to be amended for medical hardship.
4. Chairman Wayne Douglas change to Section 7.12.7.2 of the Zoning Ordinance to be amended on stream and river setbacks.
5. Chairman Wayne Douglas; codification of the Madison Co. Zoning Ordinance and the Subdivision Regulations.
(OC29B/464PO21969-20)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate WILLOW CHASE APARTMENTS OF LAVONIA, INCORPORATED will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. (O.C.G.A. Sec. 14-2-201.1). The initial registered office of the corporation will be located at 290 Millbrook Circle, Hull, Georgia 30646, and its initial registered agent at such address is Tina Hart.
(OC29,NV5P2)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate J.H. CONSTRUCTION AND DEVELOPMENT, INCORPORATED will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. (O.C.G.A. Sec. 14-2-201.1). The initial registered office of the corporation will be located at 290 Millbrook Circle, Hull, Georgia 30646, and its initial registered agent at such address is Joey Hart.
(OC29,NV5P2)
Gpn02
Public Notice
Notice is hereby given that the owner of INGLES MARKETS #450 located at 9161 Hwy. 29 South, Hull, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC29,NV5P2)
Gpn02
Public Notice
Notice is hereby given that the owner of GOLDEN PANTRY #37 located at 8874 Hwy. 29 S., Hull, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of QUICK PICK located at 7066 Hwy. 72 West, Colbert, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of DANIELSVILLE BP located at 694 Hwy. 29 North, Danielsville, made application to the City of Danielsville for a Malt Beverage and Wine License. The hearing on such application will be held at the next regular meeting of the Council more than thirty (30) days after the first publication notice dated October 22, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of DANIELSVILLE CORNER STORE located at 500 General Daniel Ave. North, Danielsville, made application to the City of Danielsville for a Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Council more than thirty (30) days after the first publication notice dated October 22, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of POCI GROCERY located at 870 Poca Rd., Danielsville, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn07
Pisczak Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Julius Joseph Pisczak
All debtors and creditors of the Estate of JULIUS JOSEPH PISCZAK, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 12, 2009
By: Jacqueline E. Kozee
1041 Eagles Ridge Ct.
Lawrenceville, GA 30043
(OC22,29,NV5,12P4)
Gpn10
Notice
of Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of: J.T.C.
Case No. 073-09HJ-189
Sex: Male
Age: 4 Years
DOB: 09-29-05
A Child
MOTHER: Angela Castelli Salinas
Legal Father: Rogelio Perez Salinas a/k/a Rogelio Salinas Perez
Putative Father: JUAN BEJINA a/k/a Juan Bejena a/k/a Juan Benea or in the alternative an unknown putative father
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, and Juan Bejina, a/k/a Juan Bejena, a/k/a Juan Benea, or in the alternative, an unknown putative father, and anyone claiming to have a parental interest in the above.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29,NV5,12P4)
Gpn10
Notice of
Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of:
O.L.S.-C. a/k/a O.S.
Case No. 073-09HJ-188
Sex: Male
Age: 5 years
DOB: 10/09/03
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29NV5,12P4)
Gpn10
Notice
of Summons
In the Juvenile Courtof Hart County
State of Georgia
In the Interest of:
K.R.S.C. a/k/a K.C.S.
Case No. 073-09HJ-187
Sex: Female
Age: 7 years
DOB: 09-03-02
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of
Hart County, Georgia
(OC22,29,NV5,12P4)
Gpn14
Public Notice
Destruction of Records for Students with Disabilities
The Madison County School District, Department of Student Services, announces its intention to destroy specific data. Records will be destroyed that were collected, maintained, or used in the provision of a free appropriate public education for students with disabilities in Madison County Schools. This notice is in compliance with the system’s comprehensive plan for special education required by I.D.E.A.
Records on students who received special education services for students with disabilities and became twenty-seven (27) years old or older between June 1, 2008, and June 1, 2009, or deceased between June 1, 2008, and June 1, 2009, are no longer needed for educational planning purposes. These records may be needed by the student or parent for Social Security or other reasons. The system plans to destroy these records on December 1, 2009, unless there has been a request for a due process hearing, under P.L. 94-142 or I.D.E.A. or a complaint filed with the Office of Civil Rights, under section 504 of the Rehabilitation Act of 1973.
If you, as the student or parents of the student, desire copies of these records prior to destruction, contact the office of Student Services at (706) 795-0120. You will be required to produce identification or provide verification data.
(OC15,22,29,NV5B/020-30)
Gpn07
Dumas Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Murland B. Dumas
All debtors and creditors of the Estate of MURLAND B. DUMAS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 6, 2009
By: Jennifer Rakosnik
1040 Ridgefield Way
Bishop, GA 30621
(OC15,22,29,NV5P4)
Gpn07
Rogers Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Joel Patrick Rogers
All debtors and creditors of the Estate of JOEL PATRICK ROGERS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 30, 2009
By: Anne M. Rogers
1855 Old Kincaid Rd.
Colbert, GA 30628
(OC8,15,22,29P4)
Gpn18
Jordan Estate
Georgia, Madison County Probate Court
Notice
To: All interested parties
WILLIAM JORDAN has petitioned to be appointed Administrator of the estate of VICKIE DENISE JORDAN, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before November 2nd, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(OC8,15,22,29P4)
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 JANICE C. WRIGHT to WELLS FARGO HOME MORTGAGE INC., dated March 26, 2004, recorded in Deed Book 684, Page 187, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND NINETY-EIGHT AND 0/100 DOLLARS ($86,098.00), 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: 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 Janice C. Wright or a tenant or tenants and said property is more commonly known as 883 Rousey Duncan 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 Janice C. Wright
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 11/3/09
Our file no. 52553209-FT5
EXHIBIT A
All that tract or parcel of land, with improvements thereon, lying and being in the 591st G.M. District of Madison County, Georgia, Containing 2.99 acres, more or less, and being bounded now or formerly as follows: On the northeast by County Dirt Road No. 13, centerline being property line; and on the southeast, southwest and northwest by property of John Duncan.
Said tract of land being more particularly described according to a plat of survey prepared by Dean H. Teasley, Registered Land Surveyor, dated October 9, 1985, which plat, recorded in Plat Book 22, Page 525, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
This conveyance is made subject to all zoning ordinances, easements, rights of way for public roads and public utilities and any restrictions of record affecting said described property. Tax Map/Parcel: 88 69
(OC8,15,22,28B/12062-70T1P)
gpn11
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 RICHARD TRAVIS SIMS and MARY LOU SIMS to WELLS FARGO BANK, N.A., dated August 22, 2008, recorded in Deed Book 1132, Page 200, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND SEVEN HUNDRED SIXTY-FOUR AND 0/100 DOLLARS ($79,764.00), 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: 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 Richard Travis Sims and Mary Lou Sims or a tenant or tenants and said property is more commonly known as 522 Laurel Ave., 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Richard Travis Sims and Mary Lou Sims
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52428309-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, lying and being in the City of Comer, Madison County, Georgia, lying on the east side of the home lot of the late A. W. Chandler and bounded on the north by the Danielsville and Carlton public road and on the west by the Chandler lot and on the south by lands now or formerly of J.C. Kidd and on the east by lands of W. E. McConnell formerly Gholston Bros.; beginning at a stake on the corner of McConnell lands and running thence west along said public road 135 feet to a stake; thence south 180 feet to a stake on the J. C. Kidd line; thence east 135 feet to a stake on McConnell’s line; thence north 180 feet to the beginning corner. Containing 24,300.00 square feet, more or less, the same being a portion of the home lot of the late A. W. Chandler home place. Together with all improvements situated or located on the above described property.
(OC8,15,22,29B/12062-70T1P)
gpn11
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 OTIS R. MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, recorded in Deed Book 1049, Page 64, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. by assignment recorded in Deed Book 1161, Page 247, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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 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: 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 Otis R. Minish and AKA Randy Minish or a tenant or tenants and said property is more commonly known as 1688 Lucky Jones Rd., 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. as Attorney in Fact for Otis R. Minish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vd0 11/3/09
Our file no. 532509-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 383rd GMD of Madison County, Georgia, containing 2.80 acres more or less, and being designated as Tract No. 2, as per plat recorded in Plat Book 26, Page 317, records of Madison County, Georgia, which plat is by reference incorporated herein and made a part hereof.
(OC8,15,22,29B/12062-60T1P)
Gpn16
Public Hearing Notice
The Madison County Planning & Zoning Commission will hold public hearings on Tuesday, November 17, 2009, at 6:30 p.m., and the Madison County Board of Commissioners will hold public hearings on Monday December 7, 2009, at 6:30 p.m. The hearings are held at the Government Complex located at 91 Albany Ave., Danielsville. For additional information contact Madison County Planning & Zoning at 706-795-6340. The following matters will be heard:
1. Danny Vaughn for his daughter Toni Vaughn request to rezone 8.492 ac. from A-2 to RR to subdivide into 3 parcels. This property is located on Map 15 Parcel 102-01 on Sailors Rd. in District 1.
2. Chairman Wayne Douglas change to Section 9.1.3.1 of the Zoning Ordinance to be amended for medical hardship.
3. Chairman Wayne Douglas change to Section 9.1.3.6 of the Zoning Ordinance to be amended for medical hardship.
4. Chairman Wayne Douglas change to Section 7.12.7.2 of the Zoning Ordinance to be amended on stream and river setbacks.
5. Chairman Wayne Douglas; codification of the Madison Co. Zoning Ordinance and the Subdivision Regulations.
(OC29B/464PO21969-20)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate WILLOW CHASE APARTMENTS OF LAVONIA, INCORPORATED will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. (O.C.G.A. Sec. 14-2-201.1). The initial registered office of the corporation will be located at 290 Millbrook Circle, Hull, Georgia 30646, and its initial registered agent at such address is Tina Hart.
(OC29,NV5P2)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate J.H. CONSTRUCTION AND DEVELOPMENT, INCORPORATED will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. (O.C.G.A. Sec. 14-2-201.1). The initial registered office of the corporation will be located at 290 Millbrook Circle, Hull, Georgia 30646, and its initial registered agent at such address is Joey Hart.
(OC29,NV5P2)
Gpn02
Public Notice
Notice is hereby given that the owner of INGLES MARKETS #450 located at 9161 Hwy. 29 South, Hull, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC29,NV5P2)
Gpn02
Public Notice
Notice is hereby given that the owner of GOLDEN PANTRY #37 located at 8874 Hwy. 29 S., Hull, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of QUICK PICK located at 7066 Hwy. 72 West, Colbert, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of DANIELSVILLE BP located at 694 Hwy. 29 North, Danielsville, made application to the City of Danielsville for a Malt Beverage and Wine License. The hearing on such application will be held at the next regular meeting of the Council more than thirty (30) days after the first publication notice dated October 22, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of DANIELSVILLE CORNER STORE located at 500 General Daniel Ave. North, Danielsville, made application to the City of Danielsville for a Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Council more than thirty (30) days after the first publication notice dated October 22, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of POCI GROCERY located at 870 Poca Rd., Danielsville, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn07
Pisczak Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Julius Joseph Pisczak
All debtors and creditors of the Estate of JULIUS JOSEPH PISCZAK, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 12, 2009
By: Jacqueline E. Kozee
1041 Eagles Ridge Ct.
Lawrenceville, GA 30043
(OC22,29,NV5,12P4)
Gpn10
Notice
of Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of: J.T.C.
Case No. 073-09HJ-189
Sex: Male
Age: 4 Years
DOB: 09-29-05
A Child
MOTHER: Angela Castelli Salinas
Legal Father: Rogelio Perez Salinas a/k/a Rogelio Salinas Perez
Putative Father: JUAN BEJINA a/k/a Juan Bejena a/k/a Juan Benea or in the alternative an unknown putative father
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, and Juan Bejina, a/k/a Juan Bejena, a/k/a Juan Benea, or in the alternative, an unknown putative father, and anyone claiming to have a parental interest in the above.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29,NV5,12P4)
Gpn10
Notice of
Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of:
O.L.S.-C. a/k/a O.S.
Case No. 073-09HJ-188
Sex: Male
Age: 5 years
DOB: 10/09/03
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29NV5,12P4)
Gpn10
Notice
of Summons
In the Juvenile Courtof Hart County
State of Georgia
In the Interest of:
K.R.S.C. a/k/a K.C.S.
Case No. 073-09HJ-187
Sex: Female
Age: 7 years
DOB: 09-03-02
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of
Hart County, Georgia
(OC22,29,NV5,12P4)
Gpn14
Public Notice
Destruction of Records for Students with Disabilities
The Madison County School District, Department of Student Services, announces its intention to destroy specific data. Records will be destroyed that were collected, maintained, or used in the provision of a free appropriate public education for students with disabilities in Madison County Schools. This notice is in compliance with the system’s comprehensive plan for special education required by I.D.E.A.
Records on students who received special education services for students with disabilities and became twenty-seven (27) years old or older between June 1, 2008, and June 1, 2009, or deceased between June 1, 2008, and June 1, 2009, are no longer needed for educational planning purposes. These records may be needed by the student or parent for Social Security or other reasons. The system plans to destroy these records on December 1, 2009, unless there has been a request for a due process hearing, under P.L. 94-142 or I.D.E.A. or a complaint filed with the Office of Civil Rights, under section 504 of the Rehabilitation Act of 1973.
If you, as the student or parents of the student, desire copies of these records prior to destruction, contact the office of Student Services at (706) 795-0120. You will be required to produce identification or provide verification data.
(OC15,22,29,NV5B/020-30)
Gpn07
Dumas Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Murland B. Dumas
All debtors and creditors of the Estate of MURLAND B. DUMAS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 6, 2009
By: Jennifer Rakosnik
1040 Ridgefield Way
Bishop, GA 30621
(OC15,22,29,NV5P4)
Gpn07
Rogers Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Joel Patrick Rogers
All debtors and creditors of the Estate of JOEL PATRICK ROGERS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 30, 2009
By: Anne M. Rogers
1855 Old Kincaid Rd.
Colbert, GA 30628
(OC8,15,22,29P4)
Gpn18
Jordan Estate
Georgia, Madison County Probate Court
Notice
To: All interested parties
WILLIAM JORDAN has petitioned to be appointed Administrator of the estate of VICKIE DENISE JORDAN, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before November 2nd, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(OC8,15,22,29P4)
Madison County Public Notices 10-22-09 pt 1
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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)
gpn11
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)
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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)
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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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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 53-56, 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-12, 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 12-A Rose Hill Subdivision, 355 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
(OC8,15,22,29B/1034-60P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated April 26, 2007, executed by JOEL A. FLOYD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 1014, Page 91, Madison County, Georgia Deed Records, and securing a Note in the original principal amount of $400,000.00, said Security Deed and Note last having been assigned to Saxon Mortgage Services, 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 November, 2009, to-wit: November 3, 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, with all improvements thereon, lying and being in the 1616th G.M. District of Madison County, Georgia, containing 11.52 acres, more or less being more particularly shown and delineated on a plat of survey entitled, “Survey for Joel A. Floyd”, dated April 30, 1996 prepared by Chattooga Land Surveying Company, Randall G. Miller, RLS No. 2432, recorded in Plat Book B183, Page 3A, Madison County, Georgia Clerk of Superior Court Records.
Also conveyed that certain non-exclusive easement for the purpose of ingress and egress and utilities running from the above described property in a westerly direction over, across and through other property of Floyd, and thence turning and running in a Southerly direction approximately 2,071 feet over, across and through lands now or formerly of Mosseri, Farren, Clark and Guest to the Northerly side of David’s Home Church Road, which easement is at all times 20 feet in width and which easement shown on plats of record are all by reference incorporated herein.
The above described property is conveyed subject to that certain 20 foot roadway easement along and within the Southerly boundary line of subject property running from property now or formerly of Kraft Paper Company in a Southeasterly direction to the property of Floyd.
The aforedescribed real property is also known as 593 Hickory Nut Lane, Comer, Georgia 30629, 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 Joel A. Floyd 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.
SAXON MORTGAGE SERVICES, INC. as Attorney-in-Fact for JOEL A. FLOYD
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street,
Suite 1001
Savannah, Georgia 31401
(912) 233-9700
481898v1
007820-000004
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.
(OC8,15,22,29B/1328-70T4P)
[Full Story »]
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)
gpn11
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)
gpn11
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)
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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)
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 53-56, 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-12, 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 12-A Rose Hill Subdivision, 355 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
(OC8,15,22,29B/1034-60P)
gpn11
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 April 26, 2007, executed by JOEL A. FLOYD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 1014, Page 91, Madison County, Georgia Deed Records, and securing a Note in the original principal amount of $400,000.00, said Security Deed and Note last having been assigned to Saxon Mortgage Services, 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 November, 2009, to-wit: November 3, 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, with all improvements thereon, lying and being in the 1616th G.M. District of Madison County, Georgia, containing 11.52 acres, more or less being more particularly shown and delineated on a plat of survey entitled, “Survey for Joel A. Floyd”, dated April 30, 1996 prepared by Chattooga Land Surveying Company, Randall G. Miller, RLS No. 2432, recorded in Plat Book B183, Page 3A, Madison County, Georgia Clerk of Superior Court Records.
Also conveyed that certain non-exclusive easement for the purpose of ingress and egress and utilities running from the above described property in a westerly direction over, across and through other property of Floyd, and thence turning and running in a Southerly direction approximately 2,071 feet over, across and through lands now or formerly of Mosseri, Farren, Clark and Guest to the Northerly side of David’s Home Church Road, which easement is at all times 20 feet in width and which easement shown on plats of record are all by reference incorporated herein.
The above described property is conveyed subject to that certain 20 foot roadway easement along and within the Southerly boundary line of subject property running from property now or formerly of Kraft Paper Company in a Southeasterly direction to the property of Floyd.
The aforedescribed real property is also known as 593 Hickory Nut Lane, Comer, Georgia 30629, 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 Joel A. Floyd 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.
SAXON MORTGAGE SERVICES, INC. as Attorney-in-Fact for JOEL A. FLOYD
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street,
Suite 1001
Savannah, Georgia 31401
(912) 233-9700
481898v1
007820-000004
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.
(OC8,15,22,29B/1328-70T4P)
[Full Story »]
Madison County Public Notices 10-22-09 pt 2
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On July 20, 2007, FLORA E. STOWERS executed a Deed to Secure Debt to JIMMY L. MAULDIN securing a note of even date for THIRTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($37,500.00), said security deed being recorded in Deed Book 1038, Pages 225-229, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Jimmy L. Mauldin, there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Madison County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in November, the same being November 3, 2009, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 591st District, G. M. Madison County, Georgia CONTAINING 1.00 ACRE, more or less, and being bounded, now or formerly as follows: On the North and East by property of Emma Sue Osley; on the South by property of Bruce; on the West by right-of-way of Georgia Highway No. 281.
Said tract being more particularly described in that certain Plat of Survey dated November 20, 1967, by John H. Wood, Jr. Georgia Registered Land Surveyor, “Survey For: From-Emma Sue Osley To-Gene & Bertha Dutton: filed for record in Plat Book 10, Page 99, Public Land Records maintained in the Office of the Clerk of the Superior Court for Madison County, Georgia, Reference is hereby made to the aforesaid Plat of Survey and the record thereof for the purpose of locating the boundaries and dimensions of said tract and for all other purposes.
This being the same property as conveyed by Warranty Deed from Barbara D. Starks formerly known as Barbara D. Stowers to Bobby B. Stowers and Flora E. Stowers, dated October 23, 1987, and recorded in Deed Book O-8, Page 463, Public Records of Madison County, Georgia.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Flora E. Stowers and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Flora E. Stowers.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtor is Jimmy L. Mauldin, 6670 West Avenue, Lavonia, Georgia 30553, Phone Number 706-356-8839.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Jimmy L. Mauldin.
Dated this 10th day of September, 2009.
Jimmy L. Mauldin, Attorney-in-fact for Flora E. Stowers
Janney E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for Jimmy L. Mauldin
(OC8,15,22,29P4)
gpn11
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 JANICE C. WRIGHT to WELLS FARGO HOME MORTGAGE INC., dated March 26, 2004, recorded in Deed Book 684, Page 187, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND NINETY-EIGHT AND 0/100 DOLLARS ($86,098.00), 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: 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 Janice C. Wright or a tenant or tenants and said property is more commonly known as 883 Rousey Duncan 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 Janice C. Wright
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 11/3/09
Our file no. 52553209-FT5
EXHIBIT A
All that tract or parcel of land, with improvements thereon, lying and being in the 591st G.M. District of Madison County, Georgia, Containing 2.99 acres, more or less, and being bounded now or formerly as follows: On the northeast by County Dirt Road No. 13, centerline being property line; and on the southeast, southwest and northwest by property of John Duncan.
Said tract of land being more particularly described according to a plat of survey prepared by Dean H. Teasley, Registered Land Surveyor, dated October 9, 1985, which plat, recorded in Plat Book 22, Page 525, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
This conveyance is made subject to all zoning ordinances, easements, rights of way for public roads and public utilities and any restrictions of record affecting said described property. Tax Map/Parcel: 88 69
(OC8,15,22,28B/12062-70T1P)
gpn11
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 RICHARD TRAVIS SIMS and MARY LOU SIMS to WELLS FARGO BANK, N.A., dated August 22, 2008, recorded in Deed Book 1132, Page 200, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND SEVEN HUNDRED SIXTY-FOUR AND 0/100 DOLLARS ($79,764.00), 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: 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 Richard Travis Sims and Mary Lou Sims or a tenant or tenants and said property is more commonly known as 522 Laurel Ave., 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Richard Travis Sims and Mary Lou Sims
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52428309-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, lying and being in the City of Comer, Madison County, Georgia, lying on the east side of the home lot of the late A. W. Chandler and bounded on the north by the Danielsville and Carlton public road and on the west by the Chandler lot and on the south by lands now or formerly of J.C. Kidd and on the east by lands of W. E. McConnell formerly Gholston Bros.; beginning at a stake on the corner of McConnell lands and running thence west along said public road 135 feet to a stake; thence south 180 feet to a stake on the J. C. Kidd line; thence east 135 feet to a stake on McConnell’s line; thence north 180 feet to the beginning corner. Containing 24,300.00 square feet, more or less, the same being a portion of the home lot of the late A. W. Chandler home place. Together with all improvements situated or located on the above described property.
(OC8,15,22,29B/12062-70T1P)
gpn11
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 OTIS R. MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, recorded in Deed Book 1049, Page 64, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. by assignment recorded in Deed Book 1161, Page 247, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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 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: 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 Otis R. Minish and AKA Randy Minish or a tenant or tenants and said property is more commonly known as 1688 Lucky Jones Rd., 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. as Attorney in Fact for Otis R. Minish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vd0 11/3/09
Our file no. 532509-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 383rd GMD of Madison County, Georgia, containing 2.80 acres more or less, and being designated as Tract No. 2, as per plat recorded in Plat Book 26, Page 317, records of Madison County, Georgia, which plat is by reference incorporated herein and made a part hereof.
(OC8,15,22,29B/12062-60T1P)
Gpn02
Public Notice
Notice is hereby given that the owner of GOLDEN PANTRY #37 located at 8874 Hwy. 29 S., Hull, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of QUICK PICK located at 7066 Hwy. 72 West, Colbert, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of DANIELSVILLE BP located at 694 Hwy. 29 North, Danielsville, made application to the City of Danielsville for a Malt Beverage and Wine License. The hearing on such application will be held at the next regular meeting of the Council more than thirty (30) days after the first publication notice dated October 22, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of DANIELSVILLE CORNER STORE located at 500 General Daniel Ave. North, Danielsville, made application to the City of Danielsville for a Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Council more than thirty (30) days after the first publication notice dated October 22, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of POCI GROCERY located at 870 Poca Rd., Danielsville, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn07
Pisczak Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Julius Joseph Pisczak
All debtors and creditors of the Estate of JULIUS JOSEPH PISCZAK, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 12, 2009
By: Jacqueline E. Kozee
1041 Eagles Ridge Ct.
Lawrenceville, GA 30043
(OC22,29,NV5,12P4)
Gpn10
Notice
of Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of: J.T.C.
Case No. 073-09HJ-189
Sex: Male
Age: 4 Years
DOB: 09-29-05
A Child
MOTHER: Angela Castelli Salinas
Legal Father: Rogelio Perez Salinas a/k/a Rogelio Salinas Perez
Putative Father: JUAN BEJINA a/k/a Juan Bejena a/k/a Juan Benea or in the alternative an unknown putative father
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, and Juan Bejina, a/k/a Juan Bejena, a/k/a Juan Benea, or in the alternative, an unknown putative father, and anyone claiming to have a parental interest in the above.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29,NV5,12P4)
Gpn10
Notice of
Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of:
O.L.S.-C. a/k/a O.S.
Case No. 073-09HJ-188
Sex: Male
Age: 5 years
DOB: 10/09/03
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29NV5,12P4)
Gpn10
Notice
of Summons
In the Juvenile Courtof Hart County
State of Georgia
In the Interest of:
K.R.S.C. a/k/a K.C.S.
Case No. 073-09HJ-187
Sex: Female
Age: 7 years
DOB: 09-03-02
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of
Hart County, Georgia
(OC22,29,NV5,12P4)
Gpn14
Public Notice
Destruction of Records for Students with Disabilities
The Madison County School District, Department of Student Services, announces its intention to destroy specific data. Records will be destroyed that were collected, maintained, or used in the provision of a free appropriate public education for students with disabilities in Madison County Schools. This notice is in compliance with the system’s comprehensive plan for special education required by I.D.E.A.
Records on students who received special education services for students with disabilities and became twenty-seven (27) years old or older between June 1, 2008, and June 1, 2009, or deceased between June 1, 2008, and June 1, 2009, are no longer needed for educational planning purposes. These records may be needed by the student or parent for Social Security or other reasons. The system plans to destroy these records on December 1, 2009, unless there has been a request for a due process hearing, under P.L. 94-142 or I.D.E.A. or a complaint filed with the Office of Civil Rights, under section 504 of the Rehabilitation Act of 1973.
If you, as the student or parents of the student, desire copies of these records prior to destruction, contact the office of Student Services at (706) 795-0120. You will be required to produce identification or provide verification data.
(OC15,22,29,NV5B/020-30)
Gpn17
Public Sale
Public Sale: The contents of Unit #A101 at Comer Storage, belonging to HATTIE ANDERSON and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A104 at Comer Storage, belonging to ROXANNE WILLIAMSON and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A108 at Comer Storage, belonging to TRUDY ALFORD and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A125 at Comer Storage, belonging to DAVID SOUTHERN and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
(OC15,22B/567-20T1)
Gpn07
Dumas Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Murland B. Dumas
All debtors and creditors of the Estate of MURLAND B. DUMAS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 6, 2009
By: Jennifer Rakosnik
1040 Ridgefield Way
Bishop, GA 30621
(OC15,22,29,NV5P4)
Gpn07
Rogers Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Joel Patrick Rogers
All debtors and creditors of the Estate of JOEL PATRICK ROGERS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 30, 2009
By: Anne M. Rogers
1855 Old Kincaid Rd.
Colbert, GA 30628
(OC8,15,22,29P4)
Gpn18
Jordan Estate
Georgia, Madison County Probate Court
Notice
To: All interested parties
WILLIAM JORDAN has petitioned to be appointed Administrator of the estate of VICKIE DENISE JORDAN, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before November 2nd, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(OC8,15,22,29P4)
Gpn07
Hill Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Kerry Hill
All debtors and creditors of the Estate of KERRY HILL, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 03, 2009
By: Julie Hill
98 Northwood Circle
Colbert, GA 30628
(OC1,8,15,22P4)
Gpn12
Legal Notice
Notice to Dispose of Certain Unclaimed Property
Madison County
Sheriff’s Office
The public is hereby on notice that the MADISON County Sheriff’s Office intends to dispose of certain property described as follows: One (1) GMC SONOMA, VIN: 1GTCS14R7P8503896; One (1) Black Pickup, VIN: CE149B824830; One (1) Red GMC SONOMA, VIN: 1GTCS14R9M8526236; One (1) home made car trailer, no tag or VIN; One (1) black TOYOTA pick up, VIN: RN42091533.
All of the above property will be disposed of by the Madison County Sheriff’s Office pursuant to Georgia Law.
This legal notice will run for four consecutive weeks. Anyone claiming an interest in the property shall contact Investigator Inv. Jimmy Patton County Sheriff’s Office at 706-795-6200 and state the extent of your interest in any or all of the property. You must be able to present the property identification number(s) if applicable. Further, a large part of the property at issue was taken during investigations and you may be subject to questioning about the property and the facts surrounding the seizure of said property. Items not claimed by the owners will be disposed of by Georgia Law.
SO ORDERED this September 21, 2009.
John H. Bailey, Jr.
Superior Court Judge, Chief Judge
Northern Judicial Circuit
Jimmy Webb
Asst. District Attorney
Georgia Bar Number 744320
Jimmy Webb
Assistant District Attorney
Post Office Box 843
Danielsville, GA 30633
(OC1,8,15,22B/16457-30)
Gpn15
Name Change
Notice of Petition
to Change Name
In the Superior Court
of Madison County
State of Georgia
Civil Action File No. 09MV913-M
In Re the Name Change of: JENNY SAY
Rule NISI
The within and foregoing Petition to Change Name of Minor Child is hereby scheduled to come for a hearing before this Court on the 17th day of November, 2009, at 9:30 a.m., at the Madison County Courthouse, Danielsville, Georgia.
This 22nd day of September, 2009.
By: Eulha Hamby
Deputy Clerk Madison County Superior Court
(OC1,8,15,22P4)
Gpn07
Seymour Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Annie Sue Seymour
All debtors and creditors of the Estate of ANNIE SUE SEYMOUR, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This August 24, 2009
By: Marion Brown
2264 Hill Street
Comer, GA 30629
(OC1,8,15,22P4)
Gpn07
Anglin Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of George Paul Anglin Sr.
All debtors and creditors of the Estate of GEORGE PAUL ANGLIN SR., deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 22, 2009
By: Elizabeth Anglin
1734 Sorrow Patterson Rd.
Colbert, GA 30628
(OC1,8,15,22P4)
Notice of Sale Under Power
State of Georgia
County of Madison
On July 20, 2007, FLORA E. STOWERS executed a Deed to Secure Debt to JIMMY L. MAULDIN securing a note of even date for THIRTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($37,500.00), said security deed being recorded in Deed Book 1038, Pages 225-229, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Jimmy L. Mauldin, there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Madison County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in November, the same being November 3, 2009, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 591st District, G. M. Madison County, Georgia CONTAINING 1.00 ACRE, more or less, and being bounded, now or formerly as follows: On the North and East by property of Emma Sue Osley; on the South by property of Bruce; on the West by right-of-way of Georgia Highway No. 281.
Said tract being more particularly described in that certain Plat of Survey dated November 20, 1967, by John H. Wood, Jr. Georgia Registered Land Surveyor, “Survey For: From-Emma Sue Osley To-Gene & Bertha Dutton: filed for record in Plat Book 10, Page 99, Public Land Records maintained in the Office of the Clerk of the Superior Court for Madison County, Georgia, Reference is hereby made to the aforesaid Plat of Survey and the record thereof for the purpose of locating the boundaries and dimensions of said tract and for all other purposes.
This being the same property as conveyed by Warranty Deed from Barbara D. Starks formerly known as Barbara D. Stowers to Bobby B. Stowers and Flora E. Stowers, dated October 23, 1987, and recorded in Deed Book O-8, Page 463, Public Records of Madison County, Georgia.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Flora E. Stowers and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Flora E. Stowers.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtor is Jimmy L. Mauldin, 6670 West Avenue, Lavonia, Georgia 30553, Phone Number 706-356-8839.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Jimmy L. Mauldin.
Dated this 10th day of September, 2009.
Jimmy L. Mauldin, Attorney-in-fact for Flora E. Stowers
Janney E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for Jimmy L. Mauldin
(OC8,15,22,29P4)
gpn11
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 JANICE C. WRIGHT to WELLS FARGO HOME MORTGAGE INC., dated March 26, 2004, recorded in Deed Book 684, Page 187, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND NINETY-EIGHT AND 0/100 DOLLARS ($86,098.00), 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: 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 Janice C. Wright or a tenant or tenants and said property is more commonly known as 883 Rousey Duncan 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 Janice C. Wright
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 11/3/09
Our file no. 52553209-FT5
EXHIBIT A
All that tract or parcel of land, with improvements thereon, lying and being in the 591st G.M. District of Madison County, Georgia, Containing 2.99 acres, more or less, and being bounded now or formerly as follows: On the northeast by County Dirt Road No. 13, centerline being property line; and on the southeast, southwest and northwest by property of John Duncan.
Said tract of land being more particularly described according to a plat of survey prepared by Dean H. Teasley, Registered Land Surveyor, dated October 9, 1985, which plat, recorded in Plat Book 22, Page 525, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
This conveyance is made subject to all zoning ordinances, easements, rights of way for public roads and public utilities and any restrictions of record affecting said described property. Tax Map/Parcel: 88 69
(OC8,15,22,28B/12062-70T1P)
gpn11
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 RICHARD TRAVIS SIMS and MARY LOU SIMS to WELLS FARGO BANK, N.A., dated August 22, 2008, recorded in Deed Book 1132, Page 200, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND SEVEN HUNDRED SIXTY-FOUR AND 0/100 DOLLARS ($79,764.00), 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: 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 Richard Travis Sims and Mary Lou Sims or a tenant or tenants and said property is more commonly known as 522 Laurel Ave., 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Richard Travis Sims and Mary Lou Sims
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52428309-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, lying and being in the City of Comer, Madison County, Georgia, lying on the east side of the home lot of the late A. W. Chandler and bounded on the north by the Danielsville and Carlton public road and on the west by the Chandler lot and on the south by lands now or formerly of J.C. Kidd and on the east by lands of W. E. McConnell formerly Gholston Bros.; beginning at a stake on the corner of McConnell lands and running thence west along said public road 135 feet to a stake; thence south 180 feet to a stake on the J. C. Kidd line; thence east 135 feet to a stake on McConnell’s line; thence north 180 feet to the beginning corner. Containing 24,300.00 square feet, more or less, the same being a portion of the home lot of the late A. W. Chandler home place. Together with all improvements situated or located on the above described property.
(OC8,15,22,29B/12062-70T1P)
gpn11
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 OTIS R. MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, recorded in Deed Book 1049, Page 64, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. by assignment recorded in Deed Book 1161, Page 247, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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 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: 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 Otis R. Minish and AKA Randy Minish or a tenant or tenants and said property is more commonly known as 1688 Lucky Jones Rd., 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. as Attorney in Fact for Otis R. Minish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vd0 11/3/09
Our file no. 532509-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 383rd GMD of Madison County, Georgia, containing 2.80 acres more or less, and being designated as Tract No. 2, as per plat recorded in Plat Book 26, Page 317, records of Madison County, Georgia, which plat is by reference incorporated herein and made a part hereof.
(OC8,15,22,29B/12062-60T1P)
Gpn02
Public Notice
Notice is hereby given that the owner of GOLDEN PANTRY #37 located at 8874 Hwy. 29 S., Hull, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of QUICK PICK located at 7066 Hwy. 72 West, Colbert, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of DANIELSVILLE BP located at 694 Hwy. 29 North, Danielsville, made application to the City of Danielsville for a Malt Beverage and Wine License. The hearing on such application will be held at the next regular meeting of the Council more than thirty (30) days after the first publication notice dated October 22, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of DANIELSVILLE CORNER STORE located at 500 General Daniel Ave. North, Danielsville, made application to the City of Danielsville for a Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Council more than thirty (30) days after the first publication notice dated October 22, 2009.
(OC22,29P2)
Gpn02
Public Notice
Notice is hereby given that the owner of POCI GROCERY located at 870 Poca Rd., Danielsville, GA, has made application to the Board of Commissioners of Madison County, Georgia, for a Class B Malt Beverage and Wine License. The hearing on such application will be held at the Regular Business Meeting of the Madison County Board of Commissioners on December 7, 2009.
(OC22,29P2)
Gpn07
Pisczak Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Julius Joseph Pisczak
All debtors and creditors of the Estate of JULIUS JOSEPH PISCZAK, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 12, 2009
By: Jacqueline E. Kozee
1041 Eagles Ridge Ct.
Lawrenceville, GA 30043
(OC22,29,NV5,12P4)
Gpn10
Notice
of Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of: J.T.C.
Case No. 073-09HJ-189
Sex: Male
Age: 4 Years
DOB: 09-29-05
A Child
MOTHER: Angela Castelli Salinas
Legal Father: Rogelio Perez Salinas a/k/a Rogelio Salinas Perez
Putative Father: JUAN BEJINA a/k/a Juan Bejena a/k/a Juan Benea or in the alternative an unknown putative father
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, and Juan Bejina, a/k/a Juan Bejena, a/k/a Juan Benea, or in the alternative, an unknown putative father, and anyone claiming to have a parental interest in the above.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29,NV5,12P4)
Gpn10
Notice of
Summons
In the Juvenile Court
of Hart County
State of Georgia
In the Interest of:
O.L.S.-C. a/k/a O.S.
Case No. 073-09HJ-188
Sex: Male
Age: 5 years
DOB: 10/09/03
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia, at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of Hart County, Georgia
(OC22,29NV5,12P4)
Gpn10
Notice
of Summons
In the Juvenile Courtof Hart County
State of Georgia
In the Interest of:
K.R.S.C. a/k/a K.C.S.
Case No. 073-09HJ-187
Sex: Female
Age: 7 years
DOB: 09-03-02
A Child
Mother: ANGELA LYNN CASTELLI
Legal Father: ROGELIO PEREZ SALINAS, a/k/a Rogelio Salinas Perez
TO WHOM IT MAY CONCERN, Rogelio Perez Salinas, a/k/a Rogelio Salinas Perez, AND anyone claiming to have a parental interest in the above-named minor child. The mother of the child is Angela Lynn Castelli.
YOU ARE FURTHER NOTIFIED that the above-styled action seeking the termination of the parental rights of the parents of the above-named child was filed against you in the Juvenile Court of Hart County on or about the 6th day of October, 2009, and that by reason of an order for service by publication entered by the Court on or about the 6th day of October, 2009;
You are hereby commanded and required to appear before the Juvenile Court of Hart County, Georgia, located at Hart County Courthouse, Courthouse Square, Hartwell, Georgia at 9:30 o’clock a.m. on the 18th day of December, 2009.
YOU ARE FURTHER NOTIFIED that the hearing is for the purpose of determining whether or not said parental rights should be terminated and the effect of a termination of the parental rights order is without limit as to duration and terminates all of the parent’s rights and obligations to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise participate in the proceedings related to the adoption and/or the placement of this child.
To any putative father: You are hereby advised and given notice that you lose all rights to the above-named child and will not be entitled to object to the termination of your rights to the above-named child unless, within 30 days of receipt of this notice, you file: (1) A Petition to Legitimate the above-named child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the Petition to Legitimate the above-named child with the Court in which this action is pending. The effect of an order terminating parental rights under O.C.G.A. Title 15, Chapter 11, Article 2 is without limit as to duration and terminates all the parent’s rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent or parents whose rights are terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
A copy of the petition may be obtained from the Clerk of the Juvenile Court at the Hart County Courthouse, 185 W. Franklin Street, Hartwell, Georgia, during regular business hours, exclusive of holidays. A free copy shall be available to the parents. Upon request, the copy will be mailed to the requester. The child is in the present legal and physical custody of the Hart County Department of Family and Children Services.
The general nature of the allegations are: abandonment, neglect and deprivation.
YOU ARE FURTHER NOTIFIED that while responsive pleadings are not mandatory, they are permissible, and you are encouraged to file with the clerk of this court and serve upon Petitioner’s attorney, Nadine D. Bailey, 1 Huntington Road, Suite 806, Athens, GA 30606, an answer or other responsive pleading within thirty (30) days of the date of the order for service by publication.
All concerned parties are informed that they are entitled to have an attorney represent them; and if a party is entitled to counsel during the proceedings, the Court will appoint counsel at no cost if the party is unable without undue financial hardship to employ counsel.
WITNESS THE HONORABLE J. Christopher NeSmith, Judge of said Court.
This 6th day of October, 2009.
By: Frankie Gray, Clerk, Juvenile Court of
Hart County, Georgia
(OC22,29,NV5,12P4)
Gpn14
Public Notice
Destruction of Records for Students with Disabilities
The Madison County School District, Department of Student Services, announces its intention to destroy specific data. Records will be destroyed that were collected, maintained, or used in the provision of a free appropriate public education for students with disabilities in Madison County Schools. This notice is in compliance with the system’s comprehensive plan for special education required by I.D.E.A.
Records on students who received special education services for students with disabilities and became twenty-seven (27) years old or older between June 1, 2008, and June 1, 2009, or deceased between June 1, 2008, and June 1, 2009, are no longer needed for educational planning purposes. These records may be needed by the student or parent for Social Security or other reasons. The system plans to destroy these records on December 1, 2009, unless there has been a request for a due process hearing, under P.L. 94-142 or I.D.E.A. or a complaint filed with the Office of Civil Rights, under section 504 of the Rehabilitation Act of 1973.
If you, as the student or parents of the student, desire copies of these records prior to destruction, contact the office of Student Services at (706) 795-0120. You will be required to produce identification or provide verification data.
(OC15,22,29,NV5B/020-30)
Gpn17
Public Sale
Public Sale: The contents of Unit #A101 at Comer Storage, belonging to HATTIE ANDERSON and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A104 at Comer Storage, belonging to ROXANNE WILLIAMSON and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A108 at Comer Storage, belonging to TRUDY ALFORD and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A125 at Comer Storage, belonging to DAVID SOUTHERN and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
(OC15,22B/567-20T1)
Gpn07
Dumas Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Murland B. Dumas
All debtors and creditors of the Estate of MURLAND B. DUMAS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 6, 2009
By: Jennifer Rakosnik
1040 Ridgefield Way
Bishop, GA 30621
(OC15,22,29,NV5P4)
Gpn07
Rogers Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Joel Patrick Rogers
All debtors and creditors of the Estate of JOEL PATRICK ROGERS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 30, 2009
By: Anne M. Rogers
1855 Old Kincaid Rd.
Colbert, GA 30628
(OC8,15,22,29P4)
Gpn18
Jordan Estate
Georgia, Madison County Probate Court
Notice
To: All interested parties
WILLIAM JORDAN has petitioned to be appointed Administrator of the estate of VICKIE DENISE JORDAN, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before November 2nd, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(OC8,15,22,29P4)
Gpn07
Hill Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Kerry Hill
All debtors and creditors of the Estate of KERRY HILL, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 03, 2009
By: Julie Hill
98 Northwood Circle
Colbert, GA 30628
(OC1,8,15,22P4)
Gpn12
Legal Notice
Notice to Dispose of Certain Unclaimed Property
Madison County
Sheriff’s Office
The public is hereby on notice that the MADISON County Sheriff’s Office intends to dispose of certain property described as follows: One (1) GMC SONOMA, VIN: 1GTCS14R7P8503896; One (1) Black Pickup, VIN: CE149B824830; One (1) Red GMC SONOMA, VIN: 1GTCS14R9M8526236; One (1) home made car trailer, no tag or VIN; One (1) black TOYOTA pick up, VIN: RN42091533.
All of the above property will be disposed of by the Madison County Sheriff’s Office pursuant to Georgia Law.
This legal notice will run for four consecutive weeks. Anyone claiming an interest in the property shall contact Investigator Inv. Jimmy Patton County Sheriff’s Office at 706-795-6200 and state the extent of your interest in any or all of the property. You must be able to present the property identification number(s) if applicable. Further, a large part of the property at issue was taken during investigations and you may be subject to questioning about the property and the facts surrounding the seizure of said property. Items not claimed by the owners will be disposed of by Georgia Law.
SO ORDERED this September 21, 2009.
John H. Bailey, Jr.
Superior Court Judge, Chief Judge
Northern Judicial Circuit
Jimmy Webb
Asst. District Attorney
Georgia Bar Number 744320
Jimmy Webb
Assistant District Attorney
Post Office Box 843
Danielsville, GA 30633
(OC1,8,15,22B/16457-30)
Gpn15
Name Change
Notice of Petition
to Change Name
In the Superior Court
of Madison County
State of Georgia
Civil Action File No. 09MV913-M
In Re the Name Change of: JENNY SAY
Rule NISI
The within and foregoing Petition to Change Name of Minor Child is hereby scheduled to come for a hearing before this Court on the 17th day of November, 2009, at 9:30 a.m., at the Madison County Courthouse, Danielsville, Georgia.
This 22nd day of September, 2009.
By: Eulha Hamby
Deputy Clerk Madison County Superior Court
(OC1,8,15,22P4)
Gpn07
Seymour Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Annie Sue Seymour
All debtors and creditors of the Estate of ANNIE SUE SEYMOUR, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This August 24, 2009
By: Marion Brown
2264 Hill Street
Comer, GA 30629
(OC1,8,15,22P4)
Gpn07
Anglin Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of George Paul Anglin Sr.
All debtors and creditors of the Estate of GEORGE PAUL ANGLIN SR., deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 22, 2009
By: Elizabeth Anglin
1734 Sorrow Patterson Rd.
Colbert, GA 30628
(OC1,8,15,22P4)
Madison County Public Notices 10-22-09 pt 1
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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)
gpn11
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)
gpn11
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)
gpn11
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)
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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)
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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)
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 53-56, 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-12, 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 12-A Rose Hill Subdivision, 355 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
(OC8,15,22,29B/1034-60P)
[Full Story »]
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)
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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)
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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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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 53-56, 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-12, 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 12-A Rose Hill Subdivision, 355 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
(OC8,15,22,29B/1034-60P)
[Full Story »]
Madison County Public Notices 10-15-09 pt 2
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt dated March 14, 2008, recorded in Deed Book 1101, Pages 37-40, in the Office of the Clerk of Superior Court of Madison County, Georgia, FLORA STOWERS conveyed the real estate described therein to Gerald Carey 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, Gerald Carey, 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 November, 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:
A strip of land, together with all improvements thereon, located on the East Side of Highway No. 281, beginning at the intersection of the East line of said Highway No. 281, and the North line of the old Bazz Bruce Homeplace for a point of beginning and extending East along the North line of the old Bazz Bruce homeplace a distance of 330 feet to what will be the Northeast corner of the said tract; thence South a distance of 300 feet to a point to be known as the Southeast corner of said tract; thence West and parallel with the North line of said tract a distance of 330 feet to the intersection of the East line of said Highway No. 281; thence North and parallel with the East line of said tract a distance of 300 feet to the place or point of beginning, containing a tract of land 300 feet from North to South by 330 feet from East to West, as shown by the drawing as follows, located in Madison County, State of Georgia.
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.
As required by § 44-14-162.2(a) of the Official Code of Georgia Annotated, you are hereby notified that the individual who has full authority to negotiate, amend and modify all terms of the mortgage instrument referred to above is Gerald Carey, 1280 Highway 145, Royston, GA 30662, phone number 706-245-6354, but lender is not required to negotiate, amend or modify the mortgage instrument.
The subject property is more commonly known as 2931 Wildcat Bridge Road, Royston, GA 30662. To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Flora Stowers, or a tenant or tenants.
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 said Deed to Secure Debt containing said power.
This 1st day of October, 2009.
GERALD CAREY, AS ATTORNEY-IN-FACT FOR FLORA STOWERS
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
(OC8,15,22,29B/185-80)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of MADISON.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ROBERT S. WILLIAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE HOME LOANS, INC., dated 01/26/2007, and Recorded on 02/27/2007 as Book No. 00993 and Page Nos. 0098-0113, MADISON County, Georgia Records, as last assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS, CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-7, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $365,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the MADISON County Courthouse 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, containing 5.50 acres, more or less, situate, lying and being on the northwesterly side of Lake Deerfield Drive, in the 204th District, G.M., of Madison County, Georgia, being shown and described as Tract No. 21, 5.50 acres, according to a plat of survey entitled, “Survey and Plat for: C. Michael Alewine,” prepared by F&M Land Surveyors, certified by F.B., Flournoy, Georgia Registered Surveyor, dated November 2, 1999, and recorded in Plat Book B-43, Page 2, in the Office of the Clerk of Superior Court of Madison County, Georgia, which said plat and the record thereof reference incorporation herein. For title reference see deed in Book 00753, Page 049.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 625 LAKE DEERFIELD RD, HULL, GEORGIA 30646 is/are: ROBERT S. WILLIAMS or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 Bank of New York Mellon FKS The Bank of New York, as trustee for the Certificateholders, CWABS, Inc., asset-backed certificates, series 2007-7 as Attorney in Fact for ROBERT S. WILLIAMS.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090031411572
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(OC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On July 20, 2007, FLORA E. STOWERS executed a Deed to Secure Debt to JIMMY L. MAULDIN securing a note of even date for THIRTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($37,500.00), said security deed being recorded in Deed Book 1038, Pages 225-229, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Jimmy L. Mauldin, there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Madison County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in November, the same being November 3, 2009, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 591st District, G. M. Madison County, Georgia CONTAINING 1.00 ACRE, more or less, and being bounded, now or formerly as follows: On the North and East by property of Emma Sue Osley; on the South by property of Bruce; on the West by right-of-way of Georgia Highway No. 281.
Said tract being more particularly described in that certain Plat of Survey dated November 20, 1967, by John H. Wood, Jr. Georgia Registered Land Surveyor, “Survey For: From-Emma Sue Osley To-Gene & Bertha Dutton: filed for record in Plat Book 10, Page 99, Public Land Records maintained in the Office of the Clerk of the Superior Court for Madison County, Georgia, Reference is hereby made to the aforesaid Plat of Survey and the record thereof for the purpose of locating the boundaries and dimensions of said tract and for all other purposes.
This being the same property as conveyed by Warranty Deed from Barbara D. Starks formerly known as Barbara D. Stowers to Bobby B. Stowers and Flora E. Stowers, dated October 23, 1987, and recorded in Deed Book O-8, Page 463, Public Records of Madison County, Georgia.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Flora E. Stowers and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Flora E. Stowers.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtor is Jimmy L. Mauldin, 6670 West Avenue, Lavonia, Georgia 30553, Phone Number 706-356-8839.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Jimmy L. Mauldin.
Dated this 10th day of September, 2009.
Jimmy L. Mauldin, Attorney-in-fact for Flora E. Stowers
Janney E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for Jimmy L. Mauldin
(OC8,15,22,29P4)
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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 JESUS V. DOMINGUEZ and LINDA S. DOMINGUEZ to WELLS FARGO BANK, N.A, dated December 22, 2003, recorded in Deed Book 665, Page 205, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THIRTY-EIGHT THOUSAND AND 0/100 DOLLARS ($38,000.00), 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 November, 2009, the following described property:
All that tract or parcel of land, together with all improvement thereon, situate, lying and being in the 382nd District GM, Madison County Georgia and being known as Lot 18, Block B, Kingston Greens Subdivision, as more particularly shown on a survey entitled survey for Jesus V. Dominguez and Linda S. Dominguez, dated November 17, 1993, by Piedmont Surveying Co., Sherald G. Sharp, Registered Surveyor, and recorded in Plat Book 29, Page 353, 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).
Wells Fargo Bank N.A. can be contacted at 1-800-662-3806 or by writing to PO Box 10328, Des Moines, IA 50306-0328, 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 Jesus V. Dominguez and Linda S. Dominguez or a tenant or tenants and said property is more commonly known as 299 Kingston Rd., 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.
Wells Fargo Bank, N.A as Attorney in Fact for Jesus V. Dominguez and Linda S. Dominguez
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/rk2 11/3/09
Our file no. 1624709-FT5
(OC8,15,22,29B/12062-60T1P)
gpn11
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 JANICE C. WRIGHT to WELLS FARGO HOME MORTGAGE INC., dated March 26, 2004, recorded in Deed Book 684, Page 187, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND NINETY-EIGHT AND 0/100 DOLLARS ($86,098.00), 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: 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 Janice C. Wright or a tenant or tenants and said property is more commonly known as 883 Rousey Duncan 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 Janice C. Wright
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 11/3/09
Our file no. 52553209-FT5
EXHIBIT A
All that tract or parcel of land, with improvements thereon, lying and being in the 591st G.M. District of Madison County, Georgia, Containing 2.99 acres, more or less, and being bounded now or formerly as follows: On the northeast by County Dirt Road No. 13, centerline being property line; and on the southeast, southwest and northwest by property of John Duncan.
Said tract of land being more particularly described according to a plat of survey prepared by Dean H. Teasley, Registered Land Surveyor, dated October 9, 1985, which plat, recorded in Plat Book 22, Page 525, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
This conveyance is made subject to all zoning ordinances, easements, rights of way for public roads and public utilities and any restrictions of record affecting said described property. Tax Map/Parcel: 88 69
(OC8,15,22,28B/12062-70T1P)
gpn11
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 RICHARD TRAVIS SIMS and MARY LOU SIMS to WELLS FARGO BANK, N.A., dated August 22, 2008, recorded in Deed Book 1132, Page 200, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND SEVEN HUNDRED SIXTY-FOUR AND 0/100 DOLLARS ($79,764.00), 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: 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 Richard Travis Sims and Mary Lou Sims or a tenant or tenants and said property is more commonly known as 522 Laurel Ave., 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Richard Travis Sims and Mary Lou Sims
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52428309-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, lying and being in the City of Comer, Madison County, Georgia, lying on the east side of the home lot of the late A. W. Chandler and bounded on the north by the Danielsville and Carlton public road and on the west by the Chandler lot and on the south by lands now or formerly of J.C. Kidd and on the east by lands of W. E. McConnell formerly Gholston Bros.; beginning at a stake on the corner of McConnell lands and running thence west along said public road 135 feet to a stake; thence south 180 feet to a stake on the J. C. Kidd line; thence east 135 feet to a stake on McConnell’s line; thence north 180 feet to the beginning corner. Containing 24,300.00 square feet, more or less, the same being a portion of the home lot of the late A. W. Chandler home place. Together with all improvements situated or located on the above described property.
(OC8,15,22,29B/12062-70T1P)
gpn11
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 OTIS R. MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, recorded in Deed Book 1049, Page 64, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. by assignment recorded in Deed Book 1161, Page 247, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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 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: 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 Otis R. Minish and AKA Randy Minish or a tenant or tenants and said property is more commonly known as 1688 Lucky Jones Rd., 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. as Attorney in Fact for Otis R. Minish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vd0 11/3/09
Our file no. 532509-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 383rd GMD of Madison County, Georgia, containing 2.80 acres more or less, and being designated as Tract No. 2, as per plat recorded in Plat Book 26, Page 317, records of Madison County, Georgia, which plat is by reference incorporated herein and made a part hereof.
(OC8,15,22,29B/12062-60T1P)
Gpn14
Public Notice
Destruction of Records for Students with Disabilities
The Madison County School District, Department of Student Services, announces its intention to destroy specific data. Records will be destroyed that were collected, maintained, or used in the provision of a free appropriate public education for students with disabilities in Madison County Schools. This notice is in compliance with the system’s comprehensive plan for special education required by I.D.E.A.
Records on students who received special education services for students with disabilities and became twenty-seven (27) years old or older between June 1, 2008, and June 1, 2009, or deceased between June 1, 2008, and June 1, 2009, are no longer needed for educational planning purposes. These records may be needed by the student or parent for Social Security or other reasons. The system plans to destroy these records on December 1, 2009, unless there has been a request for a due process hearing, under P.L. 94-142 or I.D.E.A. or a complaint filed with the Office of Civil Rights, under section 504 of the Rehabilitation Act of 1973.
If you, as the student or parents of the student, desire copies of these records prior to destruction, contact the office of Student Services at (706) 795-0120. You will be required to produce identification or provide verification data.
(OC15,22,29,NV5B/020-30)
Gpn17
Public Sale
Public Sale: The contents of Unit #A101 at Comer Storage, belonging to HATTIE ANDERSON and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A104 at Comer Storage, belonging to ROXANNE WILLIAMSON and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A108 at Comer Storage, belonging to TRUDY ALFORD and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A125 at Comer Storage, belonging to DAVID SOUTHERN and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
(OC15,22B/567-20T1)
Gpn07
Dumas Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Murland B. Dumas
All debtors and creditors of the Estate of MURLAND B. DUMAS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 6, 2009
By: Jennifer Rakosnik
1040 Ridgefield Way
Bishop, GA 30621
(OC15,22,29,NV5P4)
Gpn07
Rogers Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Joel Patrick Rogers
All debtors and creditors of the Estate of JOEL PATRICK ROGERS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 30, 2009
By: Anne M. Rogers
1855 Old Kincaid Rd.
Colbert, GA 30628
(OC8,15,22,29P4)
gpn06
Notice
of Organization
Notice is given that Articles of Organization which will form YARBROUGH MONUMENT COMPANY, LLC, have been delivered to the Secretary of State for filing in accordance with the Georgia Limited Liability Company Act. The initial registered office of the limited liability company will be located at 159 Sixth Street, Carlton, GA 30627, and its initial registered agent at such address is Ashley Yarbrough.
This 28 day of September, 2009.
Patricia S. Bryant, LLC
Suite 900, 8 N Oliver St.
Elberton, GA 30635
(OC8,15P2)
Gpn18
Jordan Estate
Georgia, Madison County Probate Court
Notice
To: All interested parties
WILLIAM JORDAN has petitioned to be appointed Administrator of the estate of VICKIE DENISE JORDAN, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before November 2nd, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(OC8,15,22,29P4)
Gpn07
Hill Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Kerry Hill
All debtors and creditors of the Estate of KERRY HILL, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 03, 2009
By: Julie Hill
98 Northwood Circle
Colbert, GA 30628
(OC1,8,15,22P4)
Gpn12
Legal Notice
Notice to Dispose of Certain Unclaimed Property
Madison County
Sheriff’s Office
The public is hereby on notice that the MADISON County Sheriff’s Office intends to dispose of certain property described as follows: One (1) GMC SONOMA, VIN: 1GTCS14R7P8503896; One (1) Black Pickup, VIN: CE149B824830; One (1) Red GMC SONOMA, VIN: 1GTCS14R9M8526236; One (1) home made car trailer, no tag or VIN; One (1) black TOYOTA pick up, VIN: RN42091533.
All of the above property will be disposed of by the Madison County Sheriff’s Office pursuant to Georgia Law.
This legal notice will run for four consecutive weeks. Anyone claiming an interest in the property shall contact Investigator Inv. Jimmy Patton County Sheriff’s Office at 706-795-6200 and state the extent of your interest in any or all of the property. You must be able to present the property identification number(s) if applicable. Further, a large part of the property at issue was taken during investigations and you may be subject to questioning about the property and the facts surrounding the seizure of said property. Items not claimed by the owners will be disposed of by Georgia Law.
SO ORDERED this September 21, 2009.
John H. Bailey, Jr.
Superior Court Judge, Chief Judge
Northern Judicial Circuit
Jimmy Webb
Asst. District Attorney
Georgia Bar Number 744320
Jimmy Webb
Assistant District Attorney
Post Office Box 843
Danielsville, GA 30633
(OC1,8,15,22B/16457-30)
Gpn15
Name Change
Notice of Petition
to Change Name
In the Superior Court
of Madison County
State of Georgia
Civil Action File No. 09MV913-M
In Re the Name Change of: JENNY SAY
Rule NISI
The within and foregoing Petition to Change Name of Minor Child is hereby scheduled to come for a hearing before this Court on the 17th day of November, 2009, at 9:30 a.m., at the Madison County Courthouse, Danielsville, Georgia.
This 22nd day of September, 2009.
By: Eulha Hamby
Deputy Clerk Madison County Superior Court
(OC1,8,15,22P4)
Gpn07
Seymour Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Annie Sue Seymour
All debtors and creditors of the Estate of ANNIE SUE SEYMOUR, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This August 24, 2009
By: Marion Brown
2264 Hill Street
Comer, GA 30629
(OC1,8,15,22P4)
Gpn07
Anglin Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of George Paul Anglin Sr.
All debtors and creditors of the Estate of GEORGE PAUL ANGLIN SR., deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 22, 2009
By: Elizabeth Anglin
1734 Sorrow Patterson Rd.
Colbert, GA 30628
(OC1,8,15,22P4)
Gpn15
Name Change
Notice of Petition
to Change Name
Notice is hereby given that on September 16, 2009, LHEA MARIE MIRACLE, filed a petition in the Superior Court of Madison County to change her name to LHEA MARIE BRAY. Any interested or affected party may appear and file objection with the Superior Court of Madison County, P.O. Box 247, Danielsville, Georgia 30633, no later than thirty (30) days from the filing of the Petition.
(SE24,OC1,8,15P4)
Gpn07
McNair Estate
Notice to Debtors
and Creditors
Georgia, Madison County
All creditors of the Estate of JACKIE O. MCNAIR, deceased, are hereby notified to render an account of their demands to the undersigned, and all debtors are required to make immediate payment.
This 9th day of September, 2009.
Joanne B. McNair, Executrix of the Estate of Jackie O. McNair
363 Wesley Chapel Rd.
Danielsville, GA 30633
Albert L. Stone, Jr.
Attorney at Law
P.O. Box 321
Danielsville, GA 30633
(706) 795-3214
(SE24,OC1,8,15P4)
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt dated March 14, 2008, recorded in Deed Book 1101, Pages 37-40, in the Office of the Clerk of Superior Court of Madison County, Georgia, FLORA STOWERS conveyed the real estate described therein to Gerald Carey 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, Gerald Carey, 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 November, 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:
A strip of land, together with all improvements thereon, located on the East Side of Highway No. 281, beginning at the intersection of the East line of said Highway No. 281, and the North line of the old Bazz Bruce Homeplace for a point of beginning and extending East along the North line of the old Bazz Bruce homeplace a distance of 330 feet to what will be the Northeast corner of the said tract; thence South a distance of 300 feet to a point to be known as the Southeast corner of said tract; thence West and parallel with the North line of said tract a distance of 330 feet to the intersection of the East line of said Highway No. 281; thence North and parallel with the East line of said tract a distance of 300 feet to the place or point of beginning, containing a tract of land 300 feet from North to South by 330 feet from East to West, as shown by the drawing as follows, located in Madison County, State of Georgia.
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.
As required by § 44-14-162.2(a) of the Official Code of Georgia Annotated, you are hereby notified that the individual who has full authority to negotiate, amend and modify all terms of the mortgage instrument referred to above is Gerald Carey, 1280 Highway 145, Royston, GA 30662, phone number 706-245-6354, but lender is not required to negotiate, amend or modify the mortgage instrument.
The subject property is more commonly known as 2931 Wildcat Bridge Road, Royston, GA 30662. To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Flora Stowers, or a tenant or tenants.
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 said Deed to Secure Debt containing said power.
This 1st day of October, 2009.
GERALD CAREY, AS ATTORNEY-IN-FACT FOR FLORA STOWERS
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
(OC8,15,22,29B/185-80)
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 a Deed to Secure Debt given by ROBERT S. WILLIAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE HOME LOANS, INC., dated 01/26/2007, and Recorded on 02/27/2007 as Book No. 00993 and Page Nos. 0098-0113, MADISON County, Georgia Records, as last assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS, CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-7, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $365,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the MADISON County Courthouse 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, containing 5.50 acres, more or less, situate, lying and being on the northwesterly side of Lake Deerfield Drive, in the 204th District, G.M., of Madison County, Georgia, being shown and described as Tract No. 21, 5.50 acres, according to a plat of survey entitled, “Survey and Plat for: C. Michael Alewine,” prepared by F&M Land Surveyors, certified by F.B., Flournoy, Georgia Registered Surveyor, dated November 2, 1999, and recorded in Plat Book B-43, Page 2, in the Office of the Clerk of Superior Court of Madison County, Georgia, which said plat and the record thereof reference incorporation herein. For title reference see deed in Book 00753, Page 049.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 625 LAKE DEERFIELD RD, HULL, GEORGIA 30646 is/are: ROBERT S. WILLIAMS or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 Bank of New York Mellon FKS The Bank of New York, as trustee for the Certificateholders, CWABS, Inc., asset-backed certificates, series 2007-7 as Attorney in Fact for ROBERT S. WILLIAMS.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090031411572
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(OC8,15,22,29P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On July 20, 2007, FLORA E. STOWERS executed a Deed to Secure Debt to JIMMY L. MAULDIN securing a note of even date for THIRTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($37,500.00), said security deed being recorded in Deed Book 1038, Pages 225-229, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Jimmy L. Mauldin, there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Madison County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in November, the same being November 3, 2009, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 591st District, G. M. Madison County, Georgia CONTAINING 1.00 ACRE, more or less, and being bounded, now or formerly as follows: On the North and East by property of Emma Sue Osley; on the South by property of Bruce; on the West by right-of-way of Georgia Highway No. 281.
Said tract being more particularly described in that certain Plat of Survey dated November 20, 1967, by John H. Wood, Jr. Georgia Registered Land Surveyor, “Survey For: From-Emma Sue Osley To-Gene & Bertha Dutton: filed for record in Plat Book 10, Page 99, Public Land Records maintained in the Office of the Clerk of the Superior Court for Madison County, Georgia, Reference is hereby made to the aforesaid Plat of Survey and the record thereof for the purpose of locating the boundaries and dimensions of said tract and for all other purposes.
This being the same property as conveyed by Warranty Deed from Barbara D. Starks formerly known as Barbara D. Stowers to Bobby B. Stowers and Flora E. Stowers, dated October 23, 1987, and recorded in Deed Book O-8, Page 463, Public Records of Madison County, Georgia.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Flora E. Stowers and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Flora E. Stowers.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtor is Jimmy L. Mauldin, 6670 West Avenue, Lavonia, Georgia 30553, Phone Number 706-356-8839.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Jimmy L. Mauldin.
Dated this 10th day of September, 2009.
Jimmy L. Mauldin, Attorney-in-fact for Flora E. Stowers
Janney E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for Jimmy L. Mauldin
(OC8,15,22,29P4)
gpn11
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 JESUS V. DOMINGUEZ and LINDA S. DOMINGUEZ to WELLS FARGO BANK, N.A, dated December 22, 2003, recorded in Deed Book 665, Page 205, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THIRTY-EIGHT THOUSAND AND 0/100 DOLLARS ($38,000.00), 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 November, 2009, the following described property:
All that tract or parcel of land, together with all improvement thereon, situate, lying and being in the 382nd District GM, Madison County Georgia and being known as Lot 18, Block B, Kingston Greens Subdivision, as more particularly shown on a survey entitled survey for Jesus V. Dominguez and Linda S. Dominguez, dated November 17, 1993, by Piedmont Surveying Co., Sherald G. Sharp, Registered Surveyor, and recorded in Plat Book 29, Page 353, 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).
Wells Fargo Bank N.A. can be contacted at 1-800-662-3806 or by writing to PO Box 10328, Des Moines, IA 50306-0328, 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 Jesus V. Dominguez and Linda S. Dominguez or a tenant or tenants and said property is more commonly known as 299 Kingston Rd., 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.
Wells Fargo Bank, N.A as Attorney in Fact for Jesus V. Dominguez and Linda S. Dominguez
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/rk2 11/3/09
Our file no. 1624709-FT5
(OC8,15,22,29B/12062-60T1P)
gpn11
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 JANICE C. WRIGHT to WELLS FARGO HOME MORTGAGE INC., dated March 26, 2004, recorded in Deed Book 684, Page 187, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND NINETY-EIGHT AND 0/100 DOLLARS ($86,098.00), 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: 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 Janice C. Wright or a tenant or tenants and said property is more commonly known as 883 Rousey Duncan 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 Janice C. Wright
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 11/3/09
Our file no. 52553209-FT5
EXHIBIT A
All that tract or parcel of land, with improvements thereon, lying and being in the 591st G.M. District of Madison County, Georgia, Containing 2.99 acres, more or less, and being bounded now or formerly as follows: On the northeast by County Dirt Road No. 13, centerline being property line; and on the southeast, southwest and northwest by property of John Duncan.
Said tract of land being more particularly described according to a plat of survey prepared by Dean H. Teasley, Registered Land Surveyor, dated October 9, 1985, which plat, recorded in Plat Book 22, Page 525, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
This conveyance is made subject to all zoning ordinances, easements, rights of way for public roads and public utilities and any restrictions of record affecting said described property. Tax Map/Parcel: 88 69
(OC8,15,22,28B/12062-70T1P)
gpn11
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 RICHARD TRAVIS SIMS and MARY LOU SIMS to WELLS FARGO BANK, N.A., dated August 22, 2008, recorded in Deed Book 1132, Page 200, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND SEVEN HUNDRED SIXTY-FOUR AND 0/100 DOLLARS ($79,764.00), 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: 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 Richard Travis Sims and Mary Lou Sims or a tenant or tenants and said property is more commonly known as 522 Laurel Ave., 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Richard Travis Sims and Mary Lou Sims
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52428309-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, lying and being in the City of Comer, Madison County, Georgia, lying on the east side of the home lot of the late A. W. Chandler and bounded on the north by the Danielsville and Carlton public road and on the west by the Chandler lot and on the south by lands now or formerly of J.C. Kidd and on the east by lands of W. E. McConnell formerly Gholston Bros.; beginning at a stake on the corner of McConnell lands and running thence west along said public road 135 feet to a stake; thence south 180 feet to a stake on the J. C. Kidd line; thence east 135 feet to a stake on McConnell’s line; thence north 180 feet to the beginning corner. Containing 24,300.00 square feet, more or less, the same being a portion of the home lot of the late A. W. Chandler home place. Together with all improvements situated or located on the above described property.
(OC8,15,22,29B/12062-70T1P)
gpn11
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 OTIS R. MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, recorded in Deed Book 1049, Page 64, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. by assignment recorded in Deed Book 1161, Page 247, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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 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: 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 Otis R. Minish and AKA Randy Minish or a tenant or tenants and said property is more commonly known as 1688 Lucky Jones Rd., 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. as Attorney in Fact for Otis R. Minish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vd0 11/3/09
Our file no. 532509-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 383rd GMD of Madison County, Georgia, containing 2.80 acres more or less, and being designated as Tract No. 2, as per plat recorded in Plat Book 26, Page 317, records of Madison County, Georgia, which plat is by reference incorporated herein and made a part hereof.
(OC8,15,22,29B/12062-60T1P)
Gpn14
Public Notice
Destruction of Records for Students with Disabilities
The Madison County School District, Department of Student Services, announces its intention to destroy specific data. Records will be destroyed that were collected, maintained, or used in the provision of a free appropriate public education for students with disabilities in Madison County Schools. This notice is in compliance with the system’s comprehensive plan for special education required by I.D.E.A.
Records on students who received special education services for students with disabilities and became twenty-seven (27) years old or older between June 1, 2008, and June 1, 2009, or deceased between June 1, 2008, and June 1, 2009, are no longer needed for educational planning purposes. These records may be needed by the student or parent for Social Security or other reasons. The system plans to destroy these records on December 1, 2009, unless there has been a request for a due process hearing, under P.L. 94-142 or I.D.E.A. or a complaint filed with the Office of Civil Rights, under section 504 of the Rehabilitation Act of 1973.
If you, as the student or parents of the student, desire copies of these records prior to destruction, contact the office of Student Services at (706) 795-0120. You will be required to produce identification or provide verification data.
(OC15,22,29,NV5B/020-30)
Gpn17
Public Sale
Public Sale: The contents of Unit #A101 at Comer Storage, belonging to HATTIE ANDERSON and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A104 at Comer Storage, belonging to ROXANNE WILLIAMSON and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A108 at Comer Storage, belonging to TRUDY ALFORD and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
Public Sale: The contents of Unit #A125 at Comer Storage, belonging to DAVID SOUTHERN and consisting of household goods, will be sold to the highest bidder at 100 E. South Ave., Comer, Ga., from 10:00 a.m. to 12:00 noon on October 31, 2009.
(OC15,22B/567-20T1)
Gpn07
Dumas Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Murland B. Dumas
All debtors and creditors of the Estate of MURLAND B. DUMAS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This October 6, 2009
By: Jennifer Rakosnik
1040 Ridgefield Way
Bishop, GA 30621
(OC15,22,29,NV5P4)
Gpn07
Rogers Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Joel Patrick Rogers
All debtors and creditors of the Estate of JOEL PATRICK ROGERS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 30, 2009
By: Anne M. Rogers
1855 Old Kincaid Rd.
Colbert, GA 30628
(OC8,15,22,29P4)
gpn06
Notice
of Organization
Notice is given that Articles of Organization which will form YARBROUGH MONUMENT COMPANY, LLC, have been delivered to the Secretary of State for filing in accordance with the Georgia Limited Liability Company Act. The initial registered office of the limited liability company will be located at 159 Sixth Street, Carlton, GA 30627, and its initial registered agent at such address is Ashley Yarbrough.
This 28 day of September, 2009.
Patricia S. Bryant, LLC
Suite 900, 8 N Oliver St.
Elberton, GA 30635
(OC8,15P2)
Gpn18
Jordan Estate
Georgia, Madison County Probate Court
Notice
To: All interested parties
WILLIAM JORDAN has petitioned to be appointed Administrator of the estate of VICKIE DENISE JORDAN, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before November 2nd, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(OC8,15,22,29P4)
Gpn07
Hill Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Kerry Hill
All debtors and creditors of the Estate of KERRY HILL, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 03, 2009
By: Julie Hill
98 Northwood Circle
Colbert, GA 30628
(OC1,8,15,22P4)
Gpn12
Legal Notice
Notice to Dispose of Certain Unclaimed Property
Madison County
Sheriff’s Office
The public is hereby on notice that the MADISON County Sheriff’s Office intends to dispose of certain property described as follows: One (1) GMC SONOMA, VIN: 1GTCS14R7P8503896; One (1) Black Pickup, VIN: CE149B824830; One (1) Red GMC SONOMA, VIN: 1GTCS14R9M8526236; One (1) home made car trailer, no tag or VIN; One (1) black TOYOTA pick up, VIN: RN42091533.
All of the above property will be disposed of by the Madison County Sheriff’s Office pursuant to Georgia Law.
This legal notice will run for four consecutive weeks. Anyone claiming an interest in the property shall contact Investigator Inv. Jimmy Patton County Sheriff’s Office at 706-795-6200 and state the extent of your interest in any or all of the property. You must be able to present the property identification number(s) if applicable. Further, a large part of the property at issue was taken during investigations and you may be subject to questioning about the property and the facts surrounding the seizure of said property. Items not claimed by the owners will be disposed of by Georgia Law.
SO ORDERED this September 21, 2009.
John H. Bailey, Jr.
Superior Court Judge, Chief Judge
Northern Judicial Circuit
Jimmy Webb
Asst. District Attorney
Georgia Bar Number 744320
Jimmy Webb
Assistant District Attorney
Post Office Box 843
Danielsville, GA 30633
(OC1,8,15,22B/16457-30)
Gpn15
Name Change
Notice of Petition
to Change Name
In the Superior Court
of Madison County
State of Georgia
Civil Action File No. 09MV913-M
In Re the Name Change of: JENNY SAY
Rule NISI
The within and foregoing Petition to Change Name of Minor Child is hereby scheduled to come for a hearing before this Court on the 17th day of November, 2009, at 9:30 a.m., at the Madison County Courthouse, Danielsville, Georgia.
This 22nd day of September, 2009.
By: Eulha Hamby
Deputy Clerk Madison County Superior Court
(OC1,8,15,22P4)
Gpn07
Seymour Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Annie Sue Seymour
All debtors and creditors of the Estate of ANNIE SUE SEYMOUR, deceased, late of Danielsville, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This August 24, 2009
By: Marion Brown
2264 Hill Street
Comer, GA 30629
(OC1,8,15,22P4)
Gpn07
Anglin Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of George Paul Anglin Sr.
All debtors and creditors of the Estate of GEORGE PAUL ANGLIN SR., deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 22, 2009
By: Elizabeth Anglin
1734 Sorrow Patterson Rd.
Colbert, GA 30628
(OC1,8,15,22P4)
Gpn15
Name Change
Notice of Petition
to Change Name
Notice is hereby given that on September 16, 2009, LHEA MARIE MIRACLE, filed a petition in the Superior Court of Madison County to change her name to LHEA MARIE BRAY. Any interested or affected party may appear and file objection with the Superior Court of Madison County, P.O. Box 247, Danielsville, Georgia 30633, no later than thirty (30) days from the filing of the Petition.
(SE24,OC1,8,15P4)
Gpn07
McNair Estate
Notice to Debtors
and Creditors
Georgia, Madison County
All creditors of the Estate of JACKIE O. MCNAIR, deceased, are hereby notified to render an account of their demands to the undersigned, and all debtors are required to make immediate payment.
This 9th day of September, 2009.
Joanne B. McNair, Executrix of the Estate of Jackie O. McNair
363 Wesley Chapel Rd.
Danielsville, GA 30633
Albert L. Stone, Jr.
Attorney at Law
P.O. Box 321
Danielsville, GA 30633
(706) 795-3214
(SE24,OC1,8,15P4)
Madison County Public Notices 10-15-09 pt 1
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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)
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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)
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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)
[Full Story »]
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)
gpn11
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)
gpn11
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)
gpn11
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)
[Full Story »]
Madison County Public Notices 10-08-09 pt 2
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 JOHNNY SLOTERBECK to WELLS FARGO BANK, NA, dated July 21, 2004, recorded in Deed Book 720, Page 82, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THREE THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($103,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of 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: 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 Johnny Sloterbeck or a tenant or tenants and said property is more commonly known as 322 Christian Strickland R, 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.
Wells Fargo Bank, NA as Attorney in Fact for Johnny Sloterbeck
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/afm 11/3/09
Our file no. 52711909-FT7
EXHIBIT A
All that tract or parcel of land, lying and being in the 205th GM District, Madison County Georgia, being 0.988 acre and being shown and delineated on a plat of survey entitled “Survey for Johnny Beth Sloterbeck” dated September 22, 2003, prepared by Paul & Evans Land Surveying, Inc. and recorded in the Office of the Clerk of the Superior Court of Madison County, Georgia, in Plat Book B-111, Page 1 reference being hereby made to said plat for a more complete description of the property.
(OC8,15,22,29B/12062-60T1P)
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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 RONALD JAMES FOSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 11, 2007, in the amount of $195,000.00, and recorded in Deed Book 1074, Page 103, Madison County, Georgia Records, as last transferred to OneWest Bank FSB by assignment, the undersigned, OneWest Bank FSB 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:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 438 District, G.M., Madison County, Georgia, containing 5.00 acres, more or less, and being more particularly shown on a survey entitled Survey for Robert Wooten, in Plat Book 18, Page 689, 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.
which has the property address of 10286 Wildcat Bridge Road, 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 Ronald James Foss 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.
OneWest Bank FSB Attorney in Fact for Ronald James Foss
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21730 /FNMA
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/1325-50)
gpn11
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 MORGAN and KATHY W. CONNELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 4, 2008, recorded in Deed Book 1151, Page 152, Madison County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY THOUSAND FIVE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($90,557.00), 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Morgan and Kathy W. Connell or a tenant or tenants and said property is more commonly known as 615 Sanford Rd., 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.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Timothy Morgan and Kathy W. Connell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52810409-FT4
EXHIBIT A
All that tract or parcel of land lying and being in Madison County, Georgia, 262 G.M. District, located on a road 2 miles southeast of Sanford Community bounded now as follows: On the northeast by highway leading from Sanford to Hull, Georgia, on the northwest by Hellican Springs Road. Said property being cut from the northeastern corner of James A. Benton property from a plat prepared by W.N. Danner, Jr., surveyor, dated June, 1945, and being the property as per plat prepared by C.B. Ayers, surveyor, dated May 16, 1958, starting at an iron pin on the highway right-of-way being the northeast corner thence running north 46 degrees 1/2 west 150 feet to the center of Hellican Springs Road; thence down the center of Hellican Springs Road south 41 degrees west 290 feet to a point in the road; thence south 46 degrees 1/2 minutes east 150 feet to a pin; thence north 41 degrees east 290 feet to the beginning corner containing one acre, more or less. Reference is made to Deed Book Z-3, Page 356, Madison County Superior Court Clerk’s Deed Records.
(OC8,15,22,29B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated November 10, 2006, from DENNIS COWART to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for EQUIFIRST CORPORATION, recorded on November 20, 2006, in Deed Book 965 at Page 36, in the office of the Clerk of the Superior Court of Madison County, Georgia, and said Deed to Secure Debt having been given to secure a note dated November 10, 2009, in the amount of $180,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Madison County, Georgia, on November 3, 2009, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 203rd District, G.M., Madison County, Georgia, containing 5.00 acres, more or less, and being more particularly shown and designated as Tract 1 on a plat of survey entitled, Survey for Dennis Cowart, dated January 17, 2001, by Paul and Evans Land Surveying, Inc., Thomas R. Paul, Registered Land Surveyor, recorded in Plat Book B-62, Page 1, Madison County, Georgia Records, which plat and record are by reference incorporated herein.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Dennis Cowart. The property, being commonly known as 49777 Highway 72 E, Carlton, GA 30627 in Madison County, will be sold as the property of Dennis Cowart, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 as Attorney in Fact for Dennis Cowart
100 Galleria Parkway,
Suite 900
Atlanta, GA 30339
Phone: (866) 690-0418
By: James E. Albertelli, Esq. For the Firm
THIS 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
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, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, 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 November, 2009, to-wit: November 3, 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 30633, 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.
OCWEN LOAN SERVICING, LLC 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
482175v1
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.
(OC8,15,22,29B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt dated March 14, 2008, recorded in Deed Book 1101, Pages 37-40, in the Office of the Clerk of Superior Court of Madison County, Georgia, FLORA STOWERS conveyed the real estate described therein to Gerald Carey 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, Gerald Carey, 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 November, 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:
A strip of land, together with all improvements thereon, located on the East Side of Highway No. 281, beginning at the intersection of the East line of said Highway No. 281, and the North line of the old Bazz Bruce Homeplace for a point of beginning and extending East along the North line of the old Bazz Bruce homeplace a distance of 330 feet to what will be the Northeast corner of the said tract; thence South a distance of 300 feet to a point to be known as the Southeast corner of said tract; thence West and parallel with the North line of said tract a distance of 330 feet to the intersection of the East line of said Highway No. 281; thence North and parallel with the East line of said tract a distance of 300 feet to the place or point of beginning, containing a tract of land 300 feet from North to South by 330 feet from East to West, as shown by the drawing as follows, located in Madison County, State of Georgia.
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.
As required by § 44-14-162.2(a) of the Official Code of Georgia Annotated, you are hereby notified that the individual who has full authority to negotiate, amend and modify all terms of the mortgage instrument referred to above is Gerald Carey, 1280 Highway 145, Royston, GA 30662, phone number 706-245-6354, but lender is not required to negotiate, amend or modify the mortgage instrument.
The subject property is more commonly known as 2931 Wildcat Bridge Road, Royston, GA 30662. To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Flora Stowers, or a tenant or tenants.
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 said Deed to Secure Debt containing said power.
This 1st day of October, 2009.
GERALD CAREY, AS ATTORNEY-IN-FACT FOR FLORA STOWERS
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
(OC8,15,22,29B/185-80)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of MADISON.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ROBERT S. WILLIAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE HOME LOANS, INC., dated 01/26/2007, and Recorded on 02/27/2007 as Book No. 00993 and Page Nos. 0098-0113, MADISON County, Georgia Records, as last assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS, CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-7, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $365,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the MADISON County Courthouse 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, containing 5.50 acres, more or less, situate, lying and being on the northwesterly side of Lake Deerfield Drive, in the 204th District, G.M., of Madison County, Georgia, being shown and described as Tract No. 21, 5.50 acres, according to a plat of survey entitled, “Survey and Plat for: C. Michael Alewine,” prepared by F&M Land Surveyors, certified by F.B., Flournoy, Georgia Registered Surveyor, dated November 2, 1999, and recorded in Plat Book B-43, Page 2, in the Office of the Clerk of Superior Court of Madison County, Georgia, which said plat and the record thereof reference incorporation herein. For title reference see deed in Book 00753, Page 049.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 625 LAKE DEERFIELD RD, HULL, GEORGIA 30646 is/are: ROBERT S. WILLIAMS or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 Bank of New York Mellon FKS The Bank of New York, as trustee for the Certificateholders, CWABS, Inc., asset-backed certificates, series 2007-7 as Attorney in Fact for ROBERT S. WILLIAMS.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090031411572
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(OC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On July 20, 2007, FLORA E. STOWERS executed a Deed to Secure Debt to JIMMY L. MAULDIN securing a note of even date for THIRTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($37,500.00), said security deed being recorded in Deed Book 1038, Pages 225-229, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Jimmy L. Mauldin, there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Madison County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in November, the same being November 3, 2009, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 591st District, G. M. Madison County, Georgia CONTAINING 1.00 ACRE, more or less, and being bounded, now or formerly as follows: On the North and East by property of Emma Sue Osley; on the South by property of Bruce; on the West by right-of-way of Georgia Highway No. 281.
Said tract being more particularly described in that certain Plat of Survey dated November 20, 1967, by John H. Wood, Jr. Georgia Registered Land Surveyor, “Survey For: From-Emma Sue Osley To-Gene & Bertha Dutton: filed for record in Plat Book 10, Page 99, Public Land Records maintained in the Office of the Clerk of the Superior Court for Madison County, Georgia, Reference is hereby made to the aforesaid Plat of Survey and the record thereof for the purpose of locating the boundaries and dimensions of said tract and for all other purposes.
This being the same property as conveyed by Warranty Deed from Barbara D. Starks formerly known as Barbara D. Stowers to Bobby B. Stowers and Flora E. Stowers, dated October 23, 1987, and recorded in Deed Book O-8, Page 463, Public Records of Madison County, Georgia.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Flora E. Stowers and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Flora E. Stowers.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtor is Jimmy L. Mauldin, 6670 West Avenue, Lavonia, Georgia 30553, Phone Number 706-356-8839.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Jimmy L. Mauldin.
Dated this 10th day of September, 2009.
Jimmy L. Mauldin, Attorney-in-fact for Flora E. Stowers
Janney E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for Jimmy L. Mauldin
(OC8,15,22,29P4)
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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 JESUS V. DOMINGUEZ and LINDA S. DOMINGUEZ to WELLS FARGO BANK, N.A, dated December 22, 2003, recorded in Deed Book 665, Page 205, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THIRTY-EIGHT THOUSAND AND 0/100 DOLLARS ($38,000.00), 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 November, 2009, the following described property:
All that tract or parcel of land, together with all improvement thereon, situate, lying and being in the 382nd District GM, Madison County Georgia and being known as Lot 18, Block B, Kingston Greens Subdivision, as more particularly shown on a survey entitled survey for Jesus V. Dominguez and Linda S. Dominguez, dated November 17, 1993, by Piedmont Surveying Co., Sherald G. Sharp, Registered Surveyor, and recorded in Plat Book 29, Page 353, 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).
Wells Fargo Bank N.A. can be contacted at 1-800-662-3806 or by writing to PO Box 10328, Des Moines, IA 50306-0328, 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 Jesus V. Dominguez and Linda S. Dominguez or a tenant or tenants and said property is more commonly known as 299 Kingston Rd., 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.
Wells Fargo Bank, N.A as Attorney in Fact for Jesus V. Dominguez and Linda S. Dominguez
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/rk2 11/3/09
Our file no. 1624709-FT5
(OC8,15,22,29B/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 JANICE C. WRIGHT to WELLS FARGO HOME MORTGAGE INC., dated March 26, 2004, recorded in Deed Book 684, Page 187, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND NINETY-EIGHT AND 0/100 DOLLARS ($86,098.00), 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: 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 Janice C. Wright or a tenant or tenants and said property is more commonly known as 883 Rousey Duncan 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 Janice C. Wright
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 11/3/09
Our file no. 52553209-FT5
EXHIBIT A
All that tract or parcel of land, with improvements thereon, lying and being in the 591st G.M. District of Madison County, Georgia, Containing 2.99 acres, more or less, and being bounded now or formerly as follows: On the northeast by County Dirt Road No. 13, centerline being property line; and on the southeast, southwest and northwest by property of John Duncan.
Said tract of land being more particularly described according to a plat of survey prepared by Dean H. Teasley, Registered Land Surveyor, dated October 9, 1985, which plat, recorded in Plat Book 22, Page 525, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
This conveyance is made subject to all zoning ordinances, easements, rights of way for public roads and public utilities and any restrictions of record affecting said described property. Tax Map/Parcel: 88 69
(OC8,15,22,28B/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 RICHARD TRAVIS SIMS and MARY LOU SIMS to WELLS FARGO BANK, N.A., dated August 22, 2008, recorded in Deed Book 1132, Page 200, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND SEVEN HUNDRED SIXTY-FOUR AND 0/100 DOLLARS ($79,764.00), 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: 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 Richard Travis Sims and Mary Lou Sims or a tenant or tenants and said property is more commonly known as 522 Laurel Ave., 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Richard Travis Sims and Mary Lou Sims
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52428309-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, lying and being in the City of Comer, Madison County, Georgia, lying on the east side of the home lot of the late A. W. Chandler and bounded on the north by the Danielsville and Carlton public road and on the west by the Chandler lot and on the south by lands now or formerly of J.C. Kidd and on the east by lands of W. E. McConnell formerly Gholston Bros.; beginning at a stake on the corner of McConnell lands and running thence west along said public road 135 feet to a stake; thence south 180 feet to a stake on the J. C. Kidd line; thence east 135 feet to a stake on McConnell’s line; thence north 180 feet to the beginning corner. Containing 24,300.00 square feet, more or less, the same being a portion of the home lot of the late A. W. Chandler home place. Together with all improvements situated or located on the above described property.
(OC8,15,22,29B/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 OTIS R. MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, recorded in Deed Book 1049, Page 64, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. by assignment recorded in Deed Book 1161, Page 247, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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 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: 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 Otis R. Minish and AKA Randy Minish or a tenant or tenants and said property is more commonly known as 1688 Lucky Jones Rd., 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. as Attorney in Fact for Otis R. Minish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vd0 11/3/09
Our file no. 532509-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 383rd GMD of Madison County, Georgia, containing 2.80 acres more or less, and being designated as Tract No. 2, as per plat recorded in Plat Book 26, Page 317, records of Madison County, Georgia, which plat is by reference incorporated herein and made a part hereof.
(OC8,15,22,29B/12062-60T1P)
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Rogers Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Joel Patrick Rogers
All debtors and creditors of the Estate of JOEL PATRICK ROGERS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 30, 2009
By: Anne M. Rogers
1855 Old Kincaid Rd.
Colbert, GA 30628
(OC8,15,22,29P4)
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Notice
of Organization
Notice is given that Articles of Organization which will form YARBROUGH MONUMENT COMPANY, LLC, have been delivered to the Secretary of State for filing in accordance with the Georgia Limited Liability Company Act. The initial registered office of the limited liability company will be located at 159 Sixth Street, Carlton, GA 30627, and its initial registered agent at such address is Ashley Yarbrough.
This 28 day of September, 2009.
Patricia S. Bryant, LLC
Suite 900, 8 N Oliver St.
Elberton, GA 30635
(OC8,15P2)
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Jordan Estate
Georgia, Madison County Probate Court
Notice
To: All interested parties
WILLIAM JORDAN has petitioned to be appointed Administrator of the estate of VICKIE DENISE JORDAN, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before November 2nd, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(OC8,15,22,29P4)
[Full Story »]
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 JOHNNY SLOTERBECK to WELLS FARGO BANK, NA, dated July 21, 2004, recorded in Deed Book 720, Page 82, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THREE THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($103,400.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of 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: 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 Johnny Sloterbeck or a tenant or tenants and said property is more commonly known as 322 Christian Strickland R, 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.
Wells Fargo Bank, NA as Attorney in Fact for Johnny Sloterbeck
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/afm 11/3/09
Our file no. 52711909-FT7
EXHIBIT A
All that tract or parcel of land, lying and being in the 205th GM District, Madison County Georgia, being 0.988 acre and being shown and delineated on a plat of survey entitled “Survey for Johnny Beth Sloterbeck” dated September 22, 2003, prepared by Paul & Evans Land Surveying, Inc. and recorded in the Office of the Clerk of the Superior Court of Madison County, Georgia, in Plat Book B-111, Page 1 reference being hereby made to said plat for a more complete description of the property.
(OC8,15,22,29B/12062-60T1P)
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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 RONALD JAMES FOSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 11, 2007, in the amount of $195,000.00, and recorded in Deed Book 1074, Page 103, Madison County, Georgia Records, as last transferred to OneWest Bank FSB by assignment, the undersigned, OneWest Bank FSB 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:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 438 District, G.M., Madison County, Georgia, containing 5.00 acres, more or less, and being more particularly shown on a survey entitled Survey for Robert Wooten, in Plat Book 18, Page 689, 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.
which has the property address of 10286 Wildcat Bridge Road, 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 Ronald James Foss 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.
OneWest Bank FSB Attorney in Fact for Ronald James Foss
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21730 /FNMA
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/1325-50)
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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 MORGAN and KATHY W. CONNELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 4, 2008, recorded in Deed Book 1151, Page 152, Madison County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY THOUSAND FIVE HUNDRED FIFTY-SEVEN AND 0/100 DOLLARS ($90,557.00), 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: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. 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 Morgan and Kathy W. Connell or a tenant or tenants and said property is more commonly known as 615 Sanford Rd., 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.
BAC Home Loans Servicing, LP Fka Countrywide Home Loans Servicing LP as Attorney in Fact for Timothy Morgan and Kathy W. Connell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52810409-FT4
EXHIBIT A
All that tract or parcel of land lying and being in Madison County, Georgia, 262 G.M. District, located on a road 2 miles southeast of Sanford Community bounded now as follows: On the northeast by highway leading from Sanford to Hull, Georgia, on the northwest by Hellican Springs Road. Said property being cut from the northeastern corner of James A. Benton property from a plat prepared by W.N. Danner, Jr., surveyor, dated June, 1945, and being the property as per plat prepared by C.B. Ayers, surveyor, dated May 16, 1958, starting at an iron pin on the highway right-of-way being the northeast corner thence running north 46 degrees 1/2 west 150 feet to the center of Hellican Springs Road; thence down the center of Hellican Springs Road south 41 degrees west 290 feet to a point in the road; thence south 46 degrees 1/2 minutes east 150 feet to a pin; thence north 41 degrees east 290 feet to the beginning corner containing one acre, more or less. Reference is made to Deed Book Z-3, Page 356, Madison County Superior Court Clerk’s Deed Records.
(OC8,15,22,29B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated November 10, 2006, from DENNIS COWART to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for EQUIFIRST CORPORATION, recorded on November 20, 2006, in Deed Book 965 at Page 36, in the office of the Clerk of the Superior Court of Madison County, Georgia, and said Deed to Secure Debt having been given to secure a note dated November 10, 2009, in the amount of $180,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Madison County, Georgia, on November 3, 2009, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 203rd District, G.M., Madison County, Georgia, containing 5.00 acres, more or less, and being more particularly shown and designated as Tract 1 on a plat of survey entitled, Survey for Dennis Cowart, dated January 17, 2001, by Paul and Evans Land Surveying, Inc., Thomas R. Paul, Registered Land Surveyor, recorded in Plat Book B-62, Page 1, Madison County, Georgia Records, which plat and record are by reference incorporated herein.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Dennis Cowart. The property, being commonly known as 49777 Highway 72 E, Carlton, GA 30627 in Madison County, will be sold as the property of Dennis Cowart, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 as Attorney in Fact for Dennis Cowart
100 Galleria Parkway,
Suite 900
Atlanta, GA 30339
Phone: (866) 690-0418
By: James E. Albertelli, Esq. For the Firm
THIS 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
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, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, 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 November, 2009, to-wit: November 3, 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 30633, 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.
OCWEN LOAN SERVICING, LLC 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
482175v1
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.
(OC8,15,22,29B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt dated March 14, 2008, recorded in Deed Book 1101, Pages 37-40, in the Office of the Clerk of Superior Court of Madison County, Georgia, FLORA STOWERS conveyed the real estate described therein to Gerald Carey 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, Gerald Carey, 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 November, 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:
A strip of land, together with all improvements thereon, located on the East Side of Highway No. 281, beginning at the intersection of the East line of said Highway No. 281, and the North line of the old Bazz Bruce Homeplace for a point of beginning and extending East along the North line of the old Bazz Bruce homeplace a distance of 330 feet to what will be the Northeast corner of the said tract; thence South a distance of 300 feet to a point to be known as the Southeast corner of said tract; thence West and parallel with the North line of said tract a distance of 330 feet to the intersection of the East line of said Highway No. 281; thence North and parallel with the East line of said tract a distance of 300 feet to the place or point of beginning, containing a tract of land 300 feet from North to South by 330 feet from East to West, as shown by the drawing as follows, located in Madison County, State of Georgia.
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.
As required by § 44-14-162.2(a) of the Official Code of Georgia Annotated, you are hereby notified that the individual who has full authority to negotiate, amend and modify all terms of the mortgage instrument referred to above is Gerald Carey, 1280 Highway 145, Royston, GA 30662, phone number 706-245-6354, but lender is not required to negotiate, amend or modify the mortgage instrument.
The subject property is more commonly known as 2931 Wildcat Bridge Road, Royston, GA 30662. To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Flora Stowers, or a tenant or tenants.
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 said Deed to Secure Debt containing said power.
This 1st day of October, 2009.
GERALD CAREY, AS ATTORNEY-IN-FACT FOR FLORA STOWERS
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
(OC8,15,22,29B/185-80)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of MADISON.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ROBERT S. WILLIAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE HOME LOANS, INC., dated 01/26/2007, and Recorded on 02/27/2007 as Book No. 00993 and Page Nos. 0098-0113, MADISON County, Georgia Records, as last assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS, CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-7, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $365,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the MADISON County Courthouse 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, containing 5.50 acres, more or less, situate, lying and being on the northwesterly side of Lake Deerfield Drive, in the 204th District, G.M., of Madison County, Georgia, being shown and described as Tract No. 21, 5.50 acres, according to a plat of survey entitled, “Survey and Plat for: C. Michael Alewine,” prepared by F&M Land Surveyors, certified by F.B., Flournoy, Georgia Registered Surveyor, dated November 2, 1999, and recorded in Plat Book B-43, Page 2, in the Office of the Clerk of Superior Court of Madison County, Georgia, which said plat and the record thereof reference incorporation herein. For title reference see deed in Book 00753, Page 049.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 625 LAKE DEERFIELD RD, HULL, GEORGIA 30646 is/are: ROBERT S. WILLIAMS or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 Bank of New York Mellon FKS The Bank of New York, as trustee for the Certificateholders, CWABS, Inc., asset-backed certificates, series 2007-7 as Attorney in Fact for ROBERT S. WILLIAMS.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090031411572
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(OC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On July 20, 2007, FLORA E. STOWERS executed a Deed to Secure Debt to JIMMY L. MAULDIN securing a note of even date for THIRTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($37,500.00), said security deed being recorded in Deed Book 1038, Pages 225-229, Madison County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to Jimmy L. Mauldin, there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Madison County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in November, the same being November 3, 2009, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 591st District, G. M. Madison County, Georgia CONTAINING 1.00 ACRE, more or less, and being bounded, now or formerly as follows: On the North and East by property of Emma Sue Osley; on the South by property of Bruce; on the West by right-of-way of Georgia Highway No. 281.
Said tract being more particularly described in that certain Plat of Survey dated November 20, 1967, by John H. Wood, Jr. Georgia Registered Land Surveyor, “Survey For: From-Emma Sue Osley To-Gene & Bertha Dutton: filed for record in Plat Book 10, Page 99, Public Land Records maintained in the Office of the Clerk of the Superior Court for Madison County, Georgia, Reference is hereby made to the aforesaid Plat of Survey and the record thereof for the purpose of locating the boundaries and dimensions of said tract and for all other purposes.
This being the same property as conveyed by Warranty Deed from Barbara D. Starks formerly known as Barbara D. Stowers to Bobby B. Stowers and Flora E. Stowers, dated October 23, 1987, and recorded in Deed Book O-8, Page 463, Public Records of Madison County, Georgia.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of Flora E. Stowers and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Flora E. Stowers.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtor is Jimmy L. Mauldin, 6670 West Avenue, Lavonia, Georgia 30553, Phone Number 706-356-8839.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Jimmy L. Mauldin.
Dated this 10th day of September, 2009.
Jimmy L. Mauldin, Attorney-in-fact for Flora E. Stowers
Janney E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for Jimmy L. Mauldin
(OC8,15,22,29P4)
gpn11
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 JESUS V. DOMINGUEZ and LINDA S. DOMINGUEZ to WELLS FARGO BANK, N.A, dated December 22, 2003, recorded in Deed Book 665, Page 205, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THIRTY-EIGHT THOUSAND AND 0/100 DOLLARS ($38,000.00), 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 November, 2009, the following described property:
All that tract or parcel of land, together with all improvement thereon, situate, lying and being in the 382nd District GM, Madison County Georgia and being known as Lot 18, Block B, Kingston Greens Subdivision, as more particularly shown on a survey entitled survey for Jesus V. Dominguez and Linda S. Dominguez, dated November 17, 1993, by Piedmont Surveying Co., Sherald G. Sharp, Registered Surveyor, and recorded in Plat Book 29, Page 353, 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).
Wells Fargo Bank N.A. can be contacted at 1-800-662-3806 or by writing to PO Box 10328, Des Moines, IA 50306-0328, 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 Jesus V. Dominguez and Linda S. Dominguez or a tenant or tenants and said property is more commonly known as 299 Kingston Rd., 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.
Wells Fargo Bank, N.A as Attorney in Fact for Jesus V. Dominguez and Linda S. Dominguez
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/rk2 11/3/09
Our file no. 1624709-FT5
(OC8,15,22,29B/12062-60T1P)
gpn11
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 JANICE C. WRIGHT to WELLS FARGO HOME MORTGAGE INC., dated March 26, 2004, recorded in Deed Book 684, Page 187, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-SIX THOUSAND NINETY-EIGHT AND 0/100 DOLLARS ($86,098.00), 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: 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 Janice C. Wright or a tenant or tenants and said property is more commonly known as 883 Rousey Duncan 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 Janice C. Wright
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 11/3/09
Our file no. 52553209-FT5
EXHIBIT A
All that tract or parcel of land, with improvements thereon, lying and being in the 591st G.M. District of Madison County, Georgia, Containing 2.99 acres, more or less, and being bounded now or formerly as follows: On the northeast by County Dirt Road No. 13, centerline being property line; and on the southeast, southwest and northwest by property of John Duncan.
Said tract of land being more particularly described according to a plat of survey prepared by Dean H. Teasley, Registered Land Surveyor, dated October 9, 1985, which plat, recorded in Plat Book 22, Page 525, Madison County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
This conveyance is made subject to all zoning ordinances, easements, rights of way for public roads and public utilities and any restrictions of record affecting said described property. Tax Map/Parcel: 88 69
(OC8,15,22,28B/12062-70T1P)
gpn11
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 RICHARD TRAVIS SIMS and MARY LOU SIMS to WELLS FARGO BANK, N.A., dated August 22, 2008, recorded in Deed Book 1132, Page 200, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND SEVEN HUNDRED SIXTY-FOUR AND 0/100 DOLLARS ($79,764.00), 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: 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 Richard Travis Sims and Mary Lou Sims or a tenant or tenants and said property is more commonly known as 522 Laurel Ave., 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Richard Travis Sims and Mary Lou Sims
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52428309-FT5
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, lying and being in the City of Comer, Madison County, Georgia, lying on the east side of the home lot of the late A. W. Chandler and bounded on the north by the Danielsville and Carlton public road and on the west by the Chandler lot and on the south by lands now or formerly of J.C. Kidd and on the east by lands of W. E. McConnell formerly Gholston Bros.; beginning at a stake on the corner of McConnell lands and running thence west along said public road 135 feet to a stake; thence south 180 feet to a stake on the J. C. Kidd line; thence east 135 feet to a stake on McConnell’s line; thence north 180 feet to the beginning corner. Containing 24,300.00 square feet, more or less, the same being a portion of the home lot of the late A. W. Chandler home place. Together with all improvements situated or located on the above described property.
(OC8,15,22,29B/12062-70T1P)
gpn11
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 OTIS R. MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, recorded in Deed Book 1049, Page 64, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. by assignment recorded in Deed Book 1161, Page 247, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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 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: 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 Otis R. Minish and AKA Randy Minish or a tenant or tenants and said property is more commonly known as 1688 Lucky Jones Rd., 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. as Attorney in Fact for Otis R. Minish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vd0 11/3/09
Our file no. 532509-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 383rd GMD of Madison County, Georgia, containing 2.80 acres more or less, and being designated as Tract No. 2, as per plat recorded in Plat Book 26, Page 317, records of Madison County, Georgia, which plat is by reference incorporated herein and made a part hereof.
(OC8,15,22,29B/12062-60T1P)
Gpn07
Rogers Estate
Notice to Debtors
and Creditors
State of Georgia
Madison County
Re: Estate of Joel Patrick Rogers
All debtors and creditors of the Estate of JOEL PATRICK ROGERS, deceased, late of Colbert, Madison County, Georgia, are hereby notified to render their demands and payments to the Personal Representative(s) of the estate, according to law, and all persons indebted to said Estate are required to make immediate payment to the Personal Representative(s).
This September 30, 2009
By: Anne M. Rogers
1855 Old Kincaid Rd.
Colbert, GA 30628
(OC8,15,22,29P4)
gpn06
Notice
of Organization
Notice is given that Articles of Organization which will form YARBROUGH MONUMENT COMPANY, LLC, have been delivered to the Secretary of State for filing in accordance with the Georgia Limited Liability Company Act. The initial registered office of the limited liability company will be located at 159 Sixth Street, Carlton, GA 30627, and its initial registered agent at such address is Ashley Yarbrough.
This 28 day of September, 2009.
Patricia S. Bryant, LLC
Suite 900, 8 N Oliver St.
Elberton, GA 30635
(OC8,15P2)
Gpn18
Jordan Estate
Georgia, Madison County Probate Court
Notice
To: All interested parties
WILLIAM JORDAN has petitioned to be appointed Administrator of the estate of VICKIE DENISE JORDAN, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before November 2nd, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Cody Cross, Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(OC8,15,22,29P4)
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