The Madison County journal. (Hull, Ga.) 1989-current, February 12, 2009, Image 19

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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. FEBRUARY 12. 2009 - PAGE 7B 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 contained in a Security Deed given by BRANDY N. LUMPKIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2007, recorded in Deed Book 1051, Page 146, Madison County, Georgia Records, as last transferred to Countrywide Home Loans Servicing, LP 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 THIRTY THOUSAND AND 0/100 DOLLARS ($130,000.00), 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 March, 2009, the following described property: 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: Countrywide Home Loans, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 1-888-219-7773. 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 Brandy N. Lumpkin or a tenant or tenants and said property is more commonly known as 91 Wrigley Court, 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. Countrywide Home Loans Servicing, LP as Attorney in Fact for Brandy N. Lumpkin McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ms8 3/3/09 Our file no. 5185909-FT7 EXHIBIT A All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the 382nd GMD, Madison County, Georgia, being known and designated as Lot 14, Jacob’s Field Subdivision, Phase I, and being more particularly described according to a Plat of survey entitled “Survey for Brad Howard” dated November 8, 2004, by Carroll Surveying, Inc., Stacy C. Carroll, RLS, recorded in Plat Book B139, Pages 3A-6A, Madison County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 825, Page 198, said records. The obligation to pay the debt described in the afore mentioned security deed and secured by the above described property has been assumed by Countrywide Home Loans Servicing, LP. (FE5,12,19,25B/12062-70T1P) 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 STEVE BOLIN aka STEVE M. BOLIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 19, 2001, in the amount of $202,400.00, and recorded in Deed Book 0406, Page 214, 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 March, 2009, dur ing the legal hours of sale, at the Courthouse door in Madison County, sell at pub lic outcry to the highest bid der for cash, the property 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 1616th District, G.M., Madison County, Georgia, contain ing 4.67 acres, more or less, Vineyard Creek Estates, and being more particularly shown on a Survey entitled Survey for Wayne D. and Sue N. Tilson and Winfred Beck, dated March 31, 1989, by James M. Paul, Registered Land Surveyor, and recorded in Plat Book 26, Page 281, 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. There is situate on said Tract a Dwelling known as 244 Katie Beth Road, Comer, Georgia, according to the present system of numbering houses in Madison County, Georgia. which has the property address of 244 Katie Beth Road, Comer, Georgia, together with all fixtures and other personal property con veyed 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 Steve Bolin aka Steve M. Bolin and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the under signed will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Steve Bolin aka Steve M. Bolin Anthony DeMarlo, Attorney/ kcarr McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-00422 /FHLMC 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. (FE5,12,19,25B/1325-60) gpn11 Notice of Sale Notice of Sale Under Power 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. By virtue of the power of sale contained in a Deed to Secure Debt given by CORNELIUS HALL to MERCHANTS & FARMERS BANK dated September 25, 1997, recorded in Deed Book 87, Pages 74-77; an Additional Loan Agreement dated March 12, 1998, recorded in Deed Book 117, Page 171; an Additional Loan Agreement dated September 18, 1998, recorded in Deed Book 155, Page 42; an Additional Loan Agreement dated April 1, 1999, record ed in Deed Book 205, Page 72; and an Additional Loan Agreement dated November 20, 1999, recorded in Deed Book 245, Page 113; all recorded in the Office of the Clerk of the Superior Court of Madison County, Georgia, conveying the after-described property to secure a Note in the original principal sum of EIGHTY-FIVE THOUSAND, THREE HUNDRED, EIGHTY- TWO AND 10/100 DOLLARS ($85,382.10), with interest thereon as set forth therein, there will be sold at pub lic 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 March, 2009, the following described property: All that tract or parcel of land situate, lying and being in the 382nd G.M. District, Madison County, Georgia, containing 6.086 acres, more or less, being on the westerly side of county paved road known as McCarty-Dodd Road, and being more particularly shown and delineated on a plat entitled “SURVEY FOR: CORNELIUS & YOLANDA HALL,” prepared by Ray N. Woods, Registered Surveyor, dated September 5, 1997, recorded in Plat Book 35, Page 47, Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein. Subject to easements, restrictions and reservations of record not coupled with a right of reverter and taxes for the current year. Said property is commonly known as 517 McCarty Dodd Road, Colbert, Georgia 30628. The debt secured by said Deed to Secure Debt and Additional Loan Agreements 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 Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s 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 dis closed by an accurate survey and inspection of the prop erty, any assessments, liens, encumbrances, zoning ordi nances, restrictions, cove nants, all outstanding bills for public utilities which consti tute liens upon said property, and matters of record supe rior to the Deed to Secure Debt first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Cornelius Hall or tenant(s). This 29th day of January, 2009. Merchants & Farmers Bank As Attorney in Fact for Cornelius Hall Law Office of Lane Fitzpatrick Post Office Box 660 Danielsville, Georgia 30633 706-795-3305 (FE5,12.19,26B/12830-60) 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 a Security Deed executed by LARRY BOLTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 7, 2005, and recorded in Deed Book 854, Page 19, Madison County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association, as Trustee for Credit Suisse HEAT 2006- 1, by Assignment securing a Note in the original principal amount of $114,240.00, 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, March 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 lot or parcel of land, together with all improve ments thereon, situate, lying and being in the 382nd District, G.M. of Madison County, Georgia, being known as Lot 2 of Woodland Crossing, containing 1.647, acres, more or less, lying on the Westerly side of Sorrow- Patterson Road (County Road No. 229), and being more particularly shown and delin eated as Lot 2, 1.647 acres, according to that plat enti tled “Survey For: Woodland Crossing”, dated October 20, 1997, prepared by Paul & Evans Land Surveying, Inc., Thomas R. Paul, Registered Surveyor, and recorded at Plat Book 37, Page 92, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein. Subject to those Protective Covenants for Woodland Crossing, recorded in Deed Book 105, Page 114-116, and amended in Deed Book 108, Page 3-5, Madison County, Records. Said property is known as 681 Sorrow Patterson Road, Colbert, GA 30628, together with all fixtures and personal property attached to and constituting a part of said property, 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 ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. 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 attorney’s fees in accordance with the terms of the Note secured by said Deed. Said property will be sold as the property of Larry Bolton, the property, to the best information, knowledge and belief of the undersigned, being presently in the pos session of Larry Bolton, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. US Bank National Association, as Trustee for Credit Suisse HEAT 2006-1 as Attorney-in-Fact for Larry Bolton File no. 07-1925 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 (770) 220-2730/LW www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COL LECTOR. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PUR POSE. [FC-NOS] (FE5,12,19.26B/1323-70T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County By virtue of power of sale contained in Consumer Deed to Secure Debt dated June 4, 2004, from WERNER WAYNE CASEY to ATHENS FIRST BANK & TRUST COMPANY, now known as AFB&T, record ed in Deed Book 00702, Page 0036, in the Office of the Clerk of the Superior Court of Madison County, Georgia and re-recorded in Deed Book 00850, page 0232 in said Clerk’s Office (herein after “Security Deed”), said Security Deed securing a note dated January 14, 2008 in the original principal amount of $85,647.44 with interest from date at the rate speci fied in the note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the high est bidder for cash before the Courthouse door in Madison County, Georgia, within the legal hours of sale on the first Tuesday in March, 2009, the following described property (together with and including all buildings and improve ments now or hereafter exist ing thereon, and all fixtures now or hereafter attached to or used in connection there with), to-wit: ALL THAT TRACT OR PARCEL OF LAND situate lying and being in Madison County, Georgia, and being more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof. EXHIBIT “A” All that tract or parcel of land situate, lying and being in the 203rd G.M.D., Madison County, Georgia, being known and desig nated as 0.439 acres, more or less, as shown on a plat entitled “Survey for Charlie A. Seymour”, dated March 9, 2000, by James M. Paul Engineering & Surveying, said plat being recorded in Plat Book B-43, Page 5, in the Office of the Clerk of the Superior Court of Madison County, Georgia, and being incorporated herein by refer ence for a more particular description. THE residence situated upon the above referenced property is known and des ignated as 52 Fourth Street according to the present sys tem of numbering houses in Carlton, Madison County, Georgia. Reference is made to Certificate of Name Change from Athens First Bank & Trust Company to AFB&T recorded in Deed Book01157, page 0192 in said Clerk’s Office. The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, nonpayment of amounts due on said loan when due, and the loan having matured by its terms and not been paid. Said default not being cured, and the debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of the sale, including accrued attor ney’s fees. Said property will be sold by AFB&T, formerly known as Athens First Bank & Trust Company, as attorney in fact for Werner Wayne Casey, subject to any outstanding ad valorem taxes and/or assess ments, and matters of record, if any, having priority over the Security Deed. To the best of the knowledge and belief of AFB&T, formerly known as Athens First Bank & Trust Company, the person in possession of the property known as 52 Fourth Street, Carlton, Georgia 30627-1445 is Werner Wayne Casey or persons claiming under him. The name, address and telephone number of the individual or entity who has full authority to negotiate, amend and modify all terms of the Security Deed is Ms. Lori Martin, Vice President, AFB&T, Mailing address: AFB&T, Attention: Lori Martin, Post Office Box 1747, Athens, Georgia 30603; Physical Address: AFB&T, Attention: Lori Martin, 150 West Hancock Avenue, Athens, Georgia 30601; Telephone number: (706) 357-7015, provided however, AFB&T is not required to negotiate, amend or modify the terms of the Security Deed. Said property will be sold and deed executed by the undersigned to the purchas er and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Security Deed containing said power. AFB&T, formerly known as Athens First Bank & Trust Company, as Attorney in Fact for Werner Wayne Casey DARREL BEGNAUD BEGNAUD & MARSHALL, LLP Post Office Box 8085 Athens, Georgia 30603 (FE5,12,19.26B/313-70T4P) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia Athens-Clarke County Because of a default under a Note dated August 8, 2004, in the original princi pal amount of $27,844.96, said Note being secured by a Deed to Secure Debt with Power of Sale executed by D. LUCY CHANDLER to FIRST AMERICAN BANK AND TRUST COMPANY, recorded in Deed Book 189, Page 130, in the offices of the Clerk of the Superior Court of Madison County, Georgia, said defaults being continued and not having been made good, the under signed First American Bank and Trust Company, pursu ant to said Deed and the Notes secured thereby, has declared the entire amount of the indebtedness secured by said Deed immediately due, payable and collectible; and, pursuant to the power of sale contained in said Deed, will, on the first Tuesday in March, 2009, being March 3, 2009, within the legal hours of sale before the courthouse door in Madison County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Deed, to wit: See Exhibit “A” This debt secured by said Deed to Secure Debt being in default, and the holder hav ing declared the balance of the indebtedness due, this sale will be made for the purpose of paying the same, and the proceeds thereof will be applied to the pay ment of said indebtedness and all charges and expens es in connection with fore closure .including attorney’s fees(notice of intent to collect attorney’s fees having been given), and the balance, if any to be applied as provided by law. Said property is being sold subject to all matters of record superior to said Deed to Secure Debt, all unpaid taxes, assessments and/or restrictions of record, if any. To the best of the under signed’s knowledge, informa tion and belief, equitable title to this property is held by, and this property is in possession of D. Lucy Chandler, Lucy Chandler Kidd, and Steve Ray Kidd, and/or tenants claim ing under them. The property address is 1900 COMER RD, COMER, GEORGIA 30629. This 30th day of January, 2009. First American Bank and Trust Company As Attorney in Fact For D. Lucy Chandler EXHIBIT “A” ALL THAT TRACT OR PARCEL OF LAND, togeth er with all improvements thereon, situate, lying and being on County Road 159 in the 383rd District, G.M., Madison County, Georgia, containing 7.00 acres, more or less, as shown by plat and survey entitled “Survey For: A. LEWIS BURDETTE”, prepared by James Paul, GRLS, dated June 10, 1994, as recorded in Plat Book 29, Page 550, Madison County, Georgia records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property. LESS AND EXCEPT: ALL THAT TRACT OR PARCEL continued on following page