The Madison County journal. (Hull, Ga.) 1989-current, January 22, 2009, Image 10

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PAGE 10A - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. JANUARY 22. 2009 Public Notices Continued 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 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 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 status 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 particu larly shown and delineated 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 incor porated 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 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 outcry to the highest bidder for cash, the prop erty described in said deed to-wit: All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the 382nd District, G.M., Madison County, Georgia, containing 3.05 acres, more or less, and being designated 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 conveyed. 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 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 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 EMBRICKto NEW CENTURY 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 outcry 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 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 Jennifer Embrick 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. Deutsche Bank National Trust as Trustee of MASTR 2007-01 Attorney in Fact for Jennifer Embrick Anthony DeMarlo, Attorney/ awilby McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 08-17887 /CONV 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/1325-60) gpn11 Notice of Sale Notice of Sale Under Power By virtue of the power of sale contained in the Security Deed from THE HUDSON TRIO, LLC (“Grantor”) to HOMESTEAD BANK, later known as SECURITY BANK OF GWINNETT COUNTY on November 14, 2005, record ed on January 4, 2006, in the Superior Court of Madison County, GA at Deed Book 872, Page 146, as amended by the Modification of Deed to Secure Debt executed April 20, 2007 and record ed at Deed Book 1015, Page 173, Madison County Records, and assigned to FORSYTH COMMUNITY BANK, A DIVISION OF THE BUCKHEAD COMMUNITY BANK, F/K/A FIRST NATIONAL BANK OF FORSYTH COUNTY (“Grantee”) dated September 16, 2008, recorded in Deed Book 1142, Page 37, Madison County Records, the follow ing realty will be auctioned: All that tract or parcel of land lying and being in the 382nd GMD of Madison County, Georgia, and being designated as Tract 1, con taining 208.39 acres, Tract 2, containing 5.46 acres and Tract 3, containing 0.95 acre, according to that Plat of Survey prepared for Star Home Builders, by JD Wood Surveying, Inc. certified by Jerry D. Wood, GA RLS 2999, dated 11/07/05 and recorded in Plat Book B152, Page 6A, Madison County, Records, which plat is incorporated herein for a more complete description of the property. Said Security Deed con veyed title to the subject realty as collateral for a debt originally in the amount of $2,721,000.00, then increased to $3,380,000.00 by said Modification to Security Deed, together with all interest from date of exe cution at the rate provided therein on the unpaid balance until paid. Pursuant to the terms of the Security Deed, the realty will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Madison County, GA, with in the legal hours of sale on the first Tuesday of February, 2009. The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, Grantor has failed to pay the principal and interest when due. 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. To the best knowledge of Grantee, the property is in the possession of the Grantor. It will be sold subject to any outstanding restrictions, pro tective covenants, ad valor em taxes and assessments and subject to the Covenant Regarding Installation of Underground electrical Service to a Residential Subdivision recorded at Deed Book 1057, Page 105, Madison County records and subject to the general utility easement to Georgia Power Company recorded at Deed Book 896, Page 109, Madison County Records. The Buckhead Community Bank d/b/a The Forsyth Community Bank As Attorney- in-Fact for The Hudson Trio, LLC. E. Dale Dewberry Bach, Dewberry & Hipes, LLC Suite 150, Brookside Two 3655 Brookside Parkway Alpharetta, GA 30022 (770) 664-4087 (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 KELLY A. GOMEZ to WELLS FARGO BANK, N.A., dated October 21, 2005, recorded in Deed Book 850, Page 199, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY- SEVEN THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($87,200.00), 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 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 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 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 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 Kelly A. Gomez and Margarito Gomez-Trujillo or a tenant or tenants and said property is more commonly known as 144 Northridge Place, 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 status of the loan with the holder of the security deed. as Attorney in Fact for McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cls1 2/3/09 Our file no. 53128808-FT5 EXHIBIT A All that tract or parcel of land, with all improve ments thereon, situate, lying and being in the City of Danielsville, 204th G.M. District, Madison County, Georgia, being Lot 23, Block B, Northridge Subdivision, and being more particular ly shown on a plat entitled “Survey for Isabel Roberts & Kevin D. Fowler’, dated October 20, 1998, by Ray N. Woods, GRLS #2049, said plat being recorded in Plat Book 39, Page 108, Madison County, Georgia Records, said plat being incorporat ed herein by reference for a complete description of the tract herein described. There is situate on said tract a dwell ing known as 144 Northridge Place, Danielsville, GA 30633 according to the present sys tem of numbering houses in Madison County, Georgia, records. Said tract is sub ject to protective covenants as recorded in Deed Book J-8, Page 694, Madison County, Georgia Records, as amended; a thirty foot mini mum building setback line; and a twenty foot sanitary sewer easement along the rear property line, both as shown on said plat. (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 ELFATIH E. MOHMED AHMED to WELLS FARGO HOME MORTGAGE, INC. dated July 26, 2001, and recorded in Deed Book 358, Page 10, Madison County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $64,980.00, 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 outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land situate, lying and being in the 382nd District, G.M., Madison County, Georgia designated as Lot 48 of Madison Acres, Phase One, Section Three, encompassing 0.918 acres, more or less, as shown on a plat of survey entitled “Survey for Thomas Edward Wright”, prepared by Ray N. Woods, certified by Ray N. Woods, Georgia Registered Surveyor No. 2049, dated September 7, 1995 and being of record in the Office of the Clerk of the Superior Court for Madison County, Georgia in Plat Book 34, Page 142, which plat and the recording thereof are by reference incorporated here in for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile 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. Said property is known as 68 Madison Boulevard, Colbert, GA 30628, together with all fixtures and personal property attached to and con stituting a part of said prop erty, 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 authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning continued on following page