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PAGE 4B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. JANUARY 8. 2009 Public Notices gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale con tained in a Security Deed given by SONYA PATRICK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as nominee for Taylor, Bean and Whitaker Mortgage Corp., dated October 16, 2002, recorded in Deed Book 501, Page 136, Madison County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association 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 princi pal amount of SIXTY-FIVE THOUSAND AND 0/100 DOLLARS ($65,000.00), 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 February, 2009, the following described prop erty. All that tract or parcel of land, together with all improvements thereon, con taining 4.097 acres, more or less, situate, lying and being in the 383rd, District, G.M., Madison County, Georgia, being more particularly Shown and designated as Tract 1 on a Plat prepared by Ben McLeroy and Associates, Engineers and Surveyors Inc., Ben McLeroy, registered surveyor, dated August 31, 1976, revised September 2, 1980, revised November 22, 1980, recorded in Plat Book 27, Page 179, Office of The Clerk of The Superior Court of Madison County, Georgia, which Plat and record are by reference incorporated herein; Grantor represents, cov enants and agrees that the Mobile (manufactured) home located on the land is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the Real property. 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 indebted ness 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 attor neys fees (notice of intent to collect attorneys fees having been given). JPMorgan Chase Bank, National Association can be contacted at 866- 926-8937 or by writing to 7255 Baymeadows Way, Jacksonville, FL 32256, 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 sur vey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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 Sonya Patrick or a tenant or tenants and said property is more common ly known as 299 Sawdust Road, Hull, Georgia 30646. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confir mation and audit of the sta tus of the loan with the holder of the security deed. JPMorgan Chase Bank, National Association as Attorney in Fact for Sonya Patrick Morris, Schneider, Prior, Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.msplaw.com/foreclo- sure_sales.asp MSP/jpk 2/3/09 Our file no. 11842508-FT1 (JA8,15,22,29B/12062-60T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by JOSEPH WAYNE PRUITT and SONJA B. PRUITT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,dated February 15,2006, recorded in Deed Book 893, Page 51, Madison County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for Morgan Stanley IXIS Real Estate Capital Trust 2006-1 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 origi nal principal amount of ONE HUNDRED SEVENTY-ONE THOUSAND AND 0/100 DOLLARS ($171,000.00), 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 February, 2009, the following described prop erty: SEE EXHIBITAATTACHED 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 indebted ness 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 attor neys 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 sur vey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Manhattan Mortgage Corporation, 10790 Rancho Bernardo Road, San Diego, CA 92127, 877-838- 1882x52195. Please under stand that the secured credi tor 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 Joseph Wayne Pruitt and Sonja B. Pruitt or a tenant or tenants and said property is more commonly known as 430 Era Carey Road, Danielsville, Georgia 30633. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confir mation and audit of the sta tus of the loan with the holder of the security deed. Deutsche Bank National Trust Company, as Trustee for Morgan Stanley IXIS Real Estate Capital Trust 2006-1 as Attorney in Fact for Joseph Wayne Pruitt and Sonja B. Pruitt McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ssh 2/3/09 Our file no. 53186508-FT3 EXHIBIT A All that tract or parcel of land, together with all improvements thereon, lying and being in the 438th District G.M. of Madison County, Georgia, containing 6.83 acres, more or less, and being more particularly shown and delineated on a plat entitled “Survey for: Joseph W. Pruitt”, prepared by Piedmont Surveying Company, Sherald G. Sharp, registered land surveyor, dated January 16, 2002, recorded in Plat Book B-77, Page 5, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein. Together with a non-exclu- sive easement of ingress and egress over, across and through the 30 foot drive way easement as shown and designated on the above ref erenced plat running from the above described property to the Carey Road as shown and delineated on plat of record. (JA8,15,22,29B/12062-70T1P) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Madison Because of a default in the payment of the indebted ness secured by a Security Deed executed by ERVIN ROSS KESTERSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 22, 2005, and recorded in Deed Book 822, Page 69, Madison County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Citigroup Global Markets Realty Corp., by Assignment securing a Note in the original principal amount of $284,400.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebt edness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, February 3, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public out cry to the highest bidder for cash, the property described in said Deed, to-wit: All that lot, tract or parcel of land situate, lying and being in the 382nd District, G.M. of Madison County, Georgia, and being known and des ignated as Lot 3 containing 2.637 acres, more or less, of South Creek Subdivision, and being more particularly described according to that certain plat of survey entitled “Survey For: South Creek Construction, LLC,” prepared by Carroll Surveying, LLC, certified by Stacey C. Carroll, Georgia Registered Surveyor, and recorded at Plat Book B-121, Pages 002A-004A, in the Office of the Clerk of Superior Court of Madison County, Georgia, which plat and the record thereof are by reference incorporated herein for a more complete description of the property herein conveyed. Said property is known as 70 Kylas Way, Hull, GA 30646, together with all fix tures 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 (includ ing taxes which are a lien, whether or not now due and payable), the right of redemp tion of any taxing author ity, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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 confir mation and audit of the sta tus 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 Ervin Ross Kesterson, the property, to the best information, knowl edge and belief of the under signed, being presently in the possession of Ervin Ross Kesterson, and the proceeds of said sale will be applied to the payment of said indebt edness and all the expenses of said sale, including attor ney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. Citigroup Global Markets Realty Corp. as Attorney- in-Fact for Ervin Ross Kesterson File no. 08-008847 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 (770) 220-2730/KF www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COL LECTOR. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PUR POSE. [FC-NOS] (JA8,15,22,29B/1323-60T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale con tained in a Security Deed given by THERESA K. JONES and KENNETH W. JONES to NATIONAL CITY MORTGAGE CO. DBA ACCUBANC MORTGAGE, dated March 7, 2003, recorded in Deed Book 551, Page 25, Madison County, Georgia Records, conveying the after-described property to secure a Note in the origi nal principal amount of TWO HUNDRED FIFTY-ONE THOUSAND AND 0/100 DOLLARS ($251,000.00), 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 February, 2009, the following described prop erty: SEE EXHIBITAATTACHED 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 indebted ness 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 attor neys 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 sur vey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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: National City Mortgage Co., 3232 Newmark Drive, Miamisburg, OH 45342, 800- 523-8654. Please under stand that the secured credi tor 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 Theresa K. Jones and Kenneth W. Jones or a tenant or tenants and said property is more commonly known as 1234 Hammond Williams Rd., Danielsville, Georgia 30633. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confir mation and audit of the sta tus of the loan with the holder of the security deed. National City Real Estate Services, LLC sbm to National City Mortgage Inc. fka National City Mortgage Co.dba Accubanc Mortgage as Attorney in Fact for Theresa K. Jones and Kenneth W. Jones McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ms8 2/3/09 Our file no. 51100608-FT7 EXHIBIT A All that tract or parcel of land lying and being situ ated in the 382nd GMD of Madison County, Georgia, consisting of Tract 1 con taining 5.741 acres, more or less, and Tract 3 containing 5.437 acres, more or less, as described more specif ically on a plat of survey entitled, “Survey for Donald L. Branyon, Sr.”, dated April 28, 1998, prepared by Paul and Evans Land Surveying, Inc., Gregory J. Evans, Registered Surveyor, and recorded in Plat Book 39, Page 161, Madison County, Georgia Records. (JA8,15,22,29B/12062-60T1P) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Madison Because of a default in the payment of the indebted ness secured by that cer tain Security Deed, dated May 17, 2007, executed by JESSICA L. HOLLAND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 1022, Page 234, Madison County, Georgia Deed Records, and securing a Note in the original princi pal amount of $90,000.00, to Mortgage Electronic Registration Systems, Inc., the current holderthereof, 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 February, 2009, to-wit: February 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, lying and being in the 262nd GMD, containing 0.75 acres, more or less, being more particular ly designated and described as Tract 2, on a plat of sur vey entitled “Survey for: Tim & Jan Epps.” Prepared by James M. Paul Engineering & Surveying, James M. Paul, RLS, No. 1530, dated July 11, 2006, recorded in Plat Book B166, Page 3B, Madison County Records, which plat and record are by reference incorporated herein. The aforedescribed real property is also known as 90 West Hill Street, Commerce, Georgia according to the present system of numbering houses in Madison County, Georgia. This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confir mation and audit as to the TolbertiSbradford Attorneys at law STOP Foreclosures STOP Repossessions STOP Garnishments STOP Tax Levies STOP Creditor Harassment Chapter 13 Repayment (Pay only Filing Fees to Start) Chapter 7 Get a Fresh Start Free Initial Consultation Athens • 706-549-8545 • 320 E. Clayton Street, Suite 514 • Athens, GA 30601 Jefferson • 706-367-5290 • 62 Washington Street • Jefferson, Georgia 30549