The Madison County journal. (Hull, Ga.) 1989-current, January 22, 2009, Image 9

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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. JANUARY 22. 2009 - PAGE 9A 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 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. 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 status 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 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: 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 status 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 enti tled “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 driveway easement as shown and des ignated on the above refer enced 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 indebt edness 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 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 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 amount and status of the loan with the holder of the Security Deed, including but not lim ited to, a determination that the borrower has not rein stated 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 possession or control of Jessica L. Holland 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 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 ref erence incorporated herein as part hereof. This is a portion of the prop erty as conveyed by Ouitclaim 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, togetherwith all improve ments thereon, lying and being in the 1616th G.M.D., Madison County, Georgia and being more particularly described as follows: begin ning at an iron pin set at the Southwest corner of a 1.722 acre tract and continuing 160.00 feet to an iron pin set; continuing North 35 degrees 45 minutes 10 seconds 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 northwest corner of a 1.7222 acre tract now or formerly owned by Larry Michael Broome and Mary Frances Broome, then con tinuing 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 delin eated on a plat prepared 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 parcel of land, together with all improvements thereof, situ ate, lying and being in the 1616th District, G.M., Madison County, Georgia, contain ing 1.63 acres, more or less, exclusive of the exception hereinafter set forth, and being more particularly 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 con veyed. 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 parcel of land, together with all improvements thereof, situ ate, 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 particularly 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 con veyed. 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, fog- gers, drinkers, curtains and similar equipment used in said poultry house operation. 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” tunnel 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, convey ing the after-described prop erty to secure a Note in the original principal amount of ONE HUNDRED THIRTY- SEVEN THOUSAND SEVEN HUNDRED FIFTY AND 0/100 continued on following page