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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. JANUARY 8. 2009 - PAGE 5B
Public Notices Continued
amount and status of the
loan with the holder of the
Security Deed, including but
not limited to, a determina
tion that the borrower has
not reinstated the loan prior
to the foreclosure sale.
Said real property will be
sold subject to any outstand
ing ad valorem taxes (includ
ing taxes which are a lien,
but not yet due and pay
able), the right of redemption
of any taxing authority, any
matters which might be dis
closed by an accurate survey
and inspection of the real
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
Upon information and
belief, said real property
is presently in the posses
sion or control of Jessica L.
Holland 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 Security Deed and the
excess proceeds, if any, will
be distributed as provided
by law.
MORTGAGE
ELECTRONIC
REGISTRATION SYSTEMS,
INC. as Attorney-in-Fact for
JESSICA L. HOLLAND
David W. Adams, Esquire
Ellis, Painter, Ratterree &
Adams LLP
2 East Bryan Street,
Suite 1001
Savannah, Georgia 31401
(912) 233-9700
424551v1
007013-001704
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT ON BEHALF OF
THE ABOVE-REFER
ENCED LENDER AND
ANY INFORMATION WILL
BE USED FOR THAT PUR
POSE.
(JA8,15,22,29B/1328-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the
payment of notes secured by
a deed to secure debt exe
cuted by CBT DIVERSIFIED
ENTERPRISES, LLC,
BRENDA B. CHEEK,
CHRISTOPHER G. CHEEK
and TOMMY V. BROWN to
AGSOUTH FARM CREDIT,
ACA dated March 1, 2006,
recorded in Deed Book
888, Pages 92-98, Madison
County Records, the under
signed has declared the full
unpaid amount of the indebt
edness referred to due and
payable and, acting under
the power of sale contained
in said deed, for the purpose
of paying said indebtedness,
will on the first Tuesday in
February, 2009, during the
legal hours of sale at the
Madison County Courthouse,
sell at public outcry to the
highest bidder for cash, the
lands described in said deed,
to-wit:
PARCEL ONE:
Property Address: West
side of Vineyards Creek
Church Road
Tract A:
All that tract or parcel
of land, together with all
improvements thereon, lying
and being in the 1616th
District, G.M., Madison
County, Georgia, containing
18.12 acres, more or less
and being more particularly
described on a plat of sur
vey prepared by Dean H.
Teasley, Registered Land
Surveyor, dated March 15,
1995, which plat, recorded
in Plat Book 34, Page 104,
Public Records of Madison
County, Georgia is by this
reference incorporated here
in as part hereof.
This is a portion of the
property as conveyed by
Quitclaim Deed from C.
Winfred Beck to Annette S.
Beck, dated June 3, 1990,
recorded in Deed Book
X-9, Page 742-743, Public
Records of Madison County
Records.
Property Address: 2833
Vineyards Creek Church
Road
Tract B:
All that tract or parcel
of land, together with all
improvements thereon, lying
and being in the 1616th
G. M.D., Madison County,
Georgia and being more par
ticularly described as follows:
beginning at an iron pin set
at the Southwest corner of a
1.722 acre tract and continu
ing 160.00 feet to an iron
pin set; continuing North 35
degrees 45 minutes 10 sec
onds east for a distance of
79.78 feet to an iron pin set;
thence north 87 degrees 52
minutes 00 seconds east to
an iron pin set on the north
west corner of a 1.7222 acre
tract now or formerly owned
by Larry Michael Broome
and Mary Frances Broome,
then continuing 140.26 feet
to a point of beginning all as
shown on that Plat of Survey
prepared by Dean Teasley,
dated May 23, 1995 and
recorded in Plat Book 33,
Page 100, Public Records
of Madison County, Georgia,
and delineated thereon as
property of Mr. and Mrs.
Winfred Beck.
The above described par
cels are also shown and
delineated on a plat pre
pared by James M. Paul and
recorded in Plat Book 29,
page 533.
Property Address: West
side of Vineyards Creek
Church Road
PARCEL TWO:
All that tract or par
cel of land, together with
all improvements thereof,
situate, lying and being in
the 1616th District, G.M.,
Madison County, Georgia,
containing 1.63 acres, more
or less, exclusive of the
exception hereinafter set
forth, and being more par
ticularly shown on a survey
entitled, “Survey For: Estate
of H. N. Smith,” dated April
28, 2000, by Dean H. Teasley,
Registered Land Surveyor,
and recorded in Plat Book
B-55, Page 1, in the Office
of the Clerk of the Superior
Court of Madison County,
Georgia, reference to which
is hereby made for a more
particular description of the
property herein conveyed.
LESS & EXCEPT:
All of that portion of the
original 21.67 acres lying and
being on the east side of the
road.
This conveyance shall only
be for the 1.63 acres lying
and being on the west side of
the road and shall not include
any of the property shown on
the plat located on the east
side of the road.
Property Address: East
side of Vineyards Creek
Church Road and West
side of Roy Wood Road
PARCEL THREE:
All that tract or par
cel of land, together with
all improvements thereof,
situate, lying and being in
the 1616th District, G.M.,
Madison County, Georgia,
containing 20.04 acres,
more or less, exclusive of
the exception hereinafter set
forth, and being more particu
larly shown on a survey enti
tled, “Survey For: Estate of
H. N. Smith,” dated April 28,
2000, by Dean H. Teasley,
Registered Land Surveyor,
and recorded in Plat Book
B-55, Page 1, in the Office
of the Clerk of the Superior
Court of Madison County,
Georgia, reference to which
is hereby made for a more
particular description of the
property herein conveyed.
LESS & EXCEPT:
All of that portion of the
original 21.67 acres lying
and being on the west side
of Vineyards Creek Church
Road.
This conveyance shall only
be for the 20.04 acres lying
and being on the east side
of Vineyards Creek Church
Road and shall not include
any of the property shown
on the plat located on the
west side of Vineyards Creek
Church Road.
All of the items of machin
ery, equipment, and fixtures,
whether now existing or here
after acquired, used or useful
in the operation of any and
all poultry houses located,
erected, or to be construct
ed or located, on the above
described real property, the
parties having agreed that
said items are so related
to said real property as to
become a part thereof. Said
items of machinery, equip
ment and fixtures specifically
includes, but is not limited to,
all heating, cooling, plumb
ing, electrical, and ventilation
systems and equipment; and
all feeders, bins, troughs,
foggers, drinkers, curtains
and similar equipment used
in said poultry house opera
tion.
ALSO:
Below is a list of fixtures
and equipment located in
each of three (3) 36 x 400’
broiler houses located on the
property of CBT Diversified
Enterprises, LLC:
New half house curtains
and curtains for cool cells in
all houses
New controllers, breaker
boxes, water meters
New automatic 100 K/W
generator with Perkins 5 9
litre Diesel engine
21 New butterfly 48” tun
nel fans
New 32 stage Choretronic
controllers each house
New 60’x6” cool cells on
both sides of each house
(3) houses, 2 feet from side
of house with concrete pad
between cool cells and
house
20 new brooders in each
house
All new metal baffles in all
houses
All new Choretime plastic
feed pans in all houses
New heavy duty light dim
mers
New Chick-mate feed
drops and new feed trays
New milti-alarm system,
Ag. Alert
4 L.B. White furnaces,
each house
2 rows auger pan feeder
lines
4 rows Ziggity type drink
ers
2 15 tons feed bins each
house
4 Side wall fans each
house
1 90KW Portable
Generator
1 John Deere 1050
Tractor, Serial Number CH
3057T096091
Also, all fixtures and equip
ment similar to that here
inabove described which
may at anytime hereafter by
acquired by CBT Diversified
Enterprises, LLC.
Sale is made subject to all
outstanding state and county
ad valorem taxes.
The undersigned will exe
cute a deed to the purchaser
as authorized by the afore
mentioned debt deed.
This the 29th day of
December, 2008.
AgSouth Farm Credit,
ACA as Attorney in Fact for
CBT Diversified Enterprises,
LLC, Brenda B. Cheek,
Christopher G. Cheek &
Tommy V. Brown
BROWN ROUNTREE PC
P. O. BOX 1988
STATESBORO, GEORGIA
30459
(JA8,15,22,29)
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
NARACE SUKHNUTH to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December 30,
2005, recorded in Deed
Book 873, Page 28, Madison
County, Georgia Records, as
last transferred to National
City Bank by assignment
recorded in Deed Book 1148,
Page 162, Madison County,
Georgia Records, conveying
the after-described proper
ty to secure a Note in the
original principal amount of
ONE HUNDRED THIRTY-
SEVEN THOUSAND SEVEN
HUNDRED FIFTY AND 0/100
DOLLARS ($137,750.00),
with interest thereon as set
forth therein, there will be sold
at public outcry to the highest
bidder for cash before the
Courthouse door of Madison
County, Georgia, within the
legal hours of sale on the first
Tuesday in 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 Narace Sukhnuth
or a tenant or tenants and
said property is more com
monly known as 355 Rogers
Mill 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.
National City Bank as
Attorney in Fact for Narace
Sukhnuth
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 2/3/09
Our file no. 52089408-FT7
EXHIBIT A
First; 355 Rogers Road;
All that tract or parcel
of land, together with all
improvements thereon, lying
and being in the 204th District
GM of Madison County,
Georgia, containing 2 acres,
more or less, on the southerly
side of the paved Rogers Mill
County Road, approximately
0.5 miles southwesterly from
Georgia State Highway No.
98, and particularly described
as follows:
Beginning at a pin on the
southerly right of way line of
the pave Rogers Mill County
Road at the land corner of
lands now or formerly of
Sidney Moore; and running
thence south 28 degrees 40
minutes east 420 feet to a
pin; thence south 62 degrees
40 minutes west 210 feet to a
pin; thence north 28 degrees
40 minutes west 420 feet to
a pin on the southerly right
of way line of the Rogers Mill
paved county road; thence
along the southerly right of
way line of said paved county
road north 62 degrees 40
minutes east 210 feet to the
corner of beginning.
Said tract of land is par
ticularly shown and delin
eated on a plat prepared by
John H. Wood, Jr. County
Surveyor, dated September
9, 1968, recorded in Plat
Book 10, Page 198, Madison
County Records; which plat
and record are by reference
incorporated herein.
Second: 81 Mae Drive:
All that tract or parcel of
land containing 2 acres, more
or less, lying and being in
204th District GM of Madison
County, Georgia, on the east
erly side of a 20 foot street,
now known as Mae Drive
and particularly described as
follows:
Beginning at a pin on the
easterly right of way line of
the 20 foot street at the land
corner of lands now or for
merly of Gurley, which pin is
located 420 feet southeast
erly from the right of way
line of a paved county road;
and running thence north
64 degrees 14 minutes east
210.1 feet to a pin; thence
south 27 degrees 30 min
utes east 242.3 feet to a pin;
thence south 26 degrees 41
minutes east 176.6 feet to a
pin; thence south 64 degrees
14 minutes west 204.6 feet
to a pin on the easterly right
of way line of the 20 foot
street; thence along the east
erly right of way line of the 20
foot street north 27 degrees
54 minutes west 419 feet to
the corner of beginning.
Said tract of land is particu
larly shown and delineated
on a plat prepared by James
Flanders, Surveyor, dated
April 10, 1974, recorded in
Plat Book 16, Page 437,
Madison County Records,
which plat and record are
by reference incorporated
herein.
Together with all and sin
gular the rights, members
and appurtenances thereto
appertaining; also all the
estate, right, title, interest,
claim or demand of the party
of the first part, or said Party’s
representatives, heirs, suc
cessors and assigns, legal,
equitable or otherwise, what
soever, in and to the same.
(JA8,15.22.29B/12062-100T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed
by MERPHIS C. ELLIS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated February 12,
2002, in the amount of
$130,000.00, and recorded
in Deed Book 428, Page 149,
Madison County, Georgia
Records, as last transferred
to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, 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 pursu
ant to the power of sale con
tained in said deed, will on
the first Tuesday in February,
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,
containing 3.05 acres, more
or less, and being designat
ed as Lot No. 23 on a plat
prepared by James M. Paul,
Registered Surveyor, dated
June 10, 1981, and recorded
in Plat Book 19, Page 651,
in The Office of the Clerk of
Superior Court of Madison
County, Georgia, reference
to which is hereby made for
a more particular description
of the property herein con
veyed.
which has the property
address of 117 Pebblebrook
Lane, Hull, Georgia, togeth
er with all fixtures and other
personal property conveyed
by said deed.
The sale will be held sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants 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 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 attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Merphis
C. Ellis and the proceeds of
said sale will be applied to
the payment of said indebt
edness, 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 Merphis
C. Ellis
Anthony DeMarlo, Attorney/
llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-28421 /FNMA
THIS LAW FIRM IS ACT
ING AS A DEBT COLLEC
TOR AND IS ATTEMPTING
TO COLLECT A DEBT.
ANY INFORMATION OB
TAINED WILL BE USED
FOR THAT PURPOSE.
(JA8.15,22,29B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by JENNIFER
EMBRICKtoNEWCENTURY
MORTGAGE COMPANY
dated September 15, 2005,
in the amount of $80,000.00,
and recorded in Deed Book
0838, Page 0223, Madison
County, Georgia Records, as
last transferred to Deutsche
Bank National Trust as
Trustee of MASTR 2007-01
by assignment, the under
signed, Deutsche Bank
National Trust as Trustee of
MASTR 2007-01 pursuant to
said deed and the note there
by 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 in
February, 2009, during the
legal hours of sale, at the
Courthouse door in Madison
County, sell at public out
cry to the highest bidder for
cash, the property described
in said deed to-wit:
All that tract or parcel of
land, togetherwith all improve
ments thereon, lying and
being in the 262nd District,
G.M., Madison County,
Georgia, and being that 1.06
acres, more or less, desig
nated as Lot 5 of the Olen
Swain Subdivision, as more
particularly shown on a plat
of survey prepared for Willie
F. Ellis, Jr. by Max Lewallen,
Registered Surveyor, dated
September 20, 1995, record
ed at Plat Book 33, Page
203, in the Office of the
Clerk of the Superior Court
of Madison County, Georgia,
and incorporated herein and
part hereof by reference for
a more detailed description.
This conveyance is made
subject to restrictions and/
or covenants of record, if
any, easements of record
and existing easements and
rights of way for public roads
and utilities now in use. The
property is known as 1615
Blacks Creek Church Road,
Danielsville, Georgia.
which has the property
address of 1615 Blacks Creek
Church Road, Danielsville,
Georgia, together with all
fixtures and other personal
property conveyed by said
deed.
The sale will be held sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants 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 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 attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Jennifer
continued on following page