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PAGE 8B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. JANUARY 15. 2009
Public Notices Continued
Attorney-in-fact for Philip
Edward Kappesser.
This law firm is acting
as a debt collector at
tempting to collect a debt,
any information obtained
will be used for that pur
pose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
(JA8.15,22,29B/224-50)
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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 cer
tain Security Deed from
ROY G. HIBBITT to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nomi
nee for America's Wholesale
Lender, dated March 1, 2002,
recorded March 8, 2002, in
Deed Book 0432, Page 004,
Madison County, Georgia
Records, said Security Deed
having been given to secure
a Note of even date in the
original principal amount of
Sixty-Seven Thousand Two
Hundred and 00/100 dollars
($67,200.00), with interest
thereon as provided for there
in, said Security Deed having
been last sold, assigned and
transferred to 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 February, 2009, all prop
erty described in said Security
Deed including but not lim
ited to the following described
property:
All that tract or parcel of land
situate, lying and being in the
262nd District, G.M., Madison
County, Georgia, and being
known and designated as Lot
9 of Glenwood Subdivision,
encompassing 1.711 acres,
more or less, as shown on a
plat of survey entitled “Survey
for Brenda G. Hibbitt & Roy G.
Hibbitt”, prepared by Paul &
Evans Land Surveying, Inc.,
certified by Gregory J. Evans,
Georgia Registered Surveyor
No. 2541, dated December
11, 1997, and being of record
in the Office of the Clerk of the
Superior Court for Madison
County, Georgia, in Plat book
35, page 105, which plat and
the recording thereof are by
reference incorporated here
in for a more complete and
detailed description.
The grantor/borrower repre
sents, covenants and agrees
that the mobile home located
on the land is to remain on the
land has been permanently
affixed to the land described
herein so as to become a part
of the real property.
Said property is commonly
known as 300 Country Lane,
Danielsville, GA 30633.
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 attor
neys' fees and all other pay
ments 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 ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills for
public utilities which constitute
liens upon said property; all
restrictive covenants, ease
ments, rights-of-way and any
other matters of record supe
rior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Brenda G. Hibbitt,
Roy G. Hibbitt 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 IN
FORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
COUNTRYWIDE HOME
LOANS SERVICING, LP as
Attorney in Fact for ROY G.
HIBBITT
Lender Contact:
COUNTRYWIDE, Loss
Mitigation Dept., 7105
Corporate Drive, PTX-A-274,
Plano, TX 75024
TELEPHONE NUMBER:
800-669-6087
Attorney Contact: Adorno
& Yoss LLC, 3740 Davinci
Court, Suite 100, Norcross,
GA 30092
TELEPHONE NUMBER:
(888) 890-5309
ADORNO FILE NO.
215400.5189
WWW.ADORNO.COM/
ATLDOCS/SALES.HTML
(JA8,15,22,29B/13997-70)
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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 indebt
edness secured by that cer
tain 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, to Mortgage
Electronic Registration
Systems, 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 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 improve
ments 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 sur
veyor, 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, 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 borrow
er 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 payable),
the right of redemption of any
taxing authority, any matters
which might be disclosed by an
accurate survey and inspec
tion of the real property, any
assessments, liens, encum
brances, 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, includ
ing attorney’s fees, all as pro
vided in said Security Deed
and the excess proceeds, if
any, will be distributed as pro
vided by law.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. 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
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/1328-60T4P)
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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 JOHN
DAVIS to PRIMARY CAPITAL
ADVISORS LC, dated October
23, 2002, recorded in Deed
Book 510, Page 1, Madison
County, Georgia Records, as
last transferred to Wells Fargo
Bank, N.A. 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-EIGHT
THOUSAND AND 0/100
DOLLARS ($68,000.00), 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 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 pro
vided 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 hav
ing 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, 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 prop
erty is John Davis or a tenant
or tenants and said property is
more commonly known as 441
Serenity Lane, 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 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 John
Davis
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/smk 2/3/09
Our file no. 5496905-FT7
EXHIBIT A
All that tract or parcel
of land, together with all
improvements thereon situ
ate, lying and being in the
262nd District, G.M., Madison
County, Georgia, containing
6.580 acres, more or less, as
more particularly shown and
described on a plat of survey
entitled “Survey for Carolyn
Holmes-Portion of A. J. Floyd
Property”, dated December 1,
1981, prepared by Landmark
Engineering Corporation, J.
R. Holland, Registered Land
Surveyor, recorded in Plat
Book 26, Page 81, in the Office
of the Clerk of Superior Court,
Madison County, Georgia, ref
erence being made thereto for
a more particular description.
The dwelling situate on
the above tract of land is
known and designated as 441
Serenity Lane according to the
present system of numbering
houses in Madison County,
Georgia.
(JA8,15.22.29B/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 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
DOROTHY KENTto PREMIER
LENDING CORPORATION,
dated July 8, 1999, record
ed in Deed Book 209, Page
52, Madison County, Georgia
Records, as last transferred
to Wells Fargo Bank, NA 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
FORTY-SIX THOUSAND AND
0/100 DOLLARS ($46,000.00),
with interest thereon as set
forth therein, there will be sold
at public outcry to the high
est 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 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 pro
vided 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 hav
ing 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, 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 prop
erty is Estate of Dorothy Kent
or a tenant or tenants and said
property is more commonly
known as 119 Bellhaven
Lane, 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.
Wells Fargo Bank, NA as
Attorney in Fact for Dorothy
Kent
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/smk 2/3/09
Our file no. 52782508-FT7
EXHIBIT A
All that tract or parcel of land
containing 0.344 of an acre,
more or less, lying and being
in the 382nd District GM of
Madison County, Georgia, on
the southwesterly side of Bell
Haven Lane, and particularly
described as follows:
Beginning at a point on the
southwesterly right of way line
of Belhaven Lane, which pin is
located 615 feet northwesterly
from the centerline of Georgia
Highway No. 106 as measured
along the southwesterly right
of way line of Belhaven Lane;
and running thence south
53.50 degrees west 150.0
feet to a pin; thence north
36.10 degrees west 100.0 feet
to a pin; thence north 53.50
degrees east 150.00 feet to
a pin on the southwesterly
right of way line of Belhaven
Lane; thence along the south
westerly right of way line of
Belhaven Lane south 36.10
degrees east 100.0 feet to the
corner of beginning.
Said tract of land is particu
larly shown and delineated on
a plat prepared by Landmark
Engineering Corporation, J. R.
Holland, surveyor, dated June
19, 1975, recorded in Plat
Book 18, Page 445, Madison
County Records; which plat
and record are by reference
incorporated herein.
(JA8,15.22.29B/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 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
KATHERINE B. GRAY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December
5, 2006, recorded in Deed
Book 970, Page 90, Madison
County, Georgia Records, as
last transferred to Deutsche
Bank National Trust Company,
as Trustee for Morgan Stanley,
MSAC 2007-HE5 by assign-
mentto 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 ONE HUNDRED
SIXTY-FIVE THOUSAND
THREE HUNDRED TWENTY-
FIVE AND 0/100 DOLLARS
($165,325.00), 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 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 pro
vided 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 hav
ing 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, 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:
Saxon Mortgage Services,
Inc., 4709 Mercantile Drive
North, Fort Worth, TX 76137,
888-325-3502. Please under
stand that the secured creditor
is not required by law to nego
tiate, amend, or modify the
terms of the mortgage instru
ment.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Katherine B. Gray
or a tenant or tenants and
said property is more com
monly known as 228 Scarlett
Oak Lane, 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.
Deutsche Bank National
Trust Company, as Trustee for
Morgan Stanley, MSAC 2007-
HE5 as Attorney in Fact for
Katherine B. Gray
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/asw 2/3/09
Our file no. 53094708-FT1
EXHIBIT A
All that tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 205th G.M.D.,
Madison County, Georgia, in
the City of Comer, and being
more particularly shown and
designated as Lot 37 contain
ing 0.775 of an acre, more
or less, on a plat of survey
entitled “Survey for Final Lots
- Final Plat - Phase II, Royal
Oaks Subdivision”, prepared
by Bauknight & Associates,
Inc., W. Slate Bauknight,
Registered Surveyor, dated
June 8, 2006, recorded in Plat
Book B164, Page 8A, Madison
County, Georgia Records,
which plat and record are by
reference incorporated herein.
This property is subject
to protective covenants as
recorded in Deed Book 900,
Page 20, and minimum build
ing setback lines as shown
at Plat Book B164, Page 8A,
Madison County, Georgia
records.
(JA8,15.22.29B/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 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 BRENDA G. WENDT to
SUNSHINE MORTGAGE
CORPORATION, dated
January 17, 2001, recorded
in Deed Book 304, Page 245,
Madison County, Georgia
Records, as last transferred to
Select Portfolio Servicing, Inc.
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
ONE HUNDRED EIGHTEEN
THOUSAND SEVEN
HUNDRED FIFTY AND 0/100
DOLLARS ($118,750.00), 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 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 pro
vided 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 hav
ing 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, 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:
Select Portfolio Servicing,
3815 S West Temple, Salt
Lake City, UT 84115, 888-
349-8955. 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 Brenda G. Wendt
or a tenant or tenants and said
property is more commonly
known as 95 Southwinds
Drive, 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
continued on following page