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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