The Madison County journal. (Hull, Ga.) 1989-current, February 12, 2009, Image 20

Below is the OCR text representation for this newspapers page.

PAGE 8B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. FEBRUARY 12. 2009 Public Notices Continued OF LAND, together with improvements thereon, situ ate, lying and being in the 383rd District, G.M., Madison County, Georgia, containing 2.00 acres, more or less, as shown by plat and survey entitled “Survey For: PAUL T. STRICKLAND, JR.”, pre pared by Cornerstone Land Surveying, certified by James R. Smith, GRLS, dated September 27, 2007 and recorded in Plat Book B194, Page 3A, Madison County, Georgia records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property. M. Barton Rice, Jr., PC. Attorney at Law 1091 Founders Blvd, Ste. A Athens, GA 30606 (706) 548-4862 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. (FE5,12,19,26P4) gpn11 Notice of Sale Notice of Sale Under Power By virtue of the power of sale contained in a Deed to Secure Debt by ROBERT SMITH, JR. toCITIFINANCIAL SERVICES, INC., dated August 15, 2007, and filed for record August 17, 2007 in Deed Book 1046, Page 16, Madison County, Georgia Records, and securing a Note in the original principal amount of $105,448.57, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Madison County, Georgia, between the legal hours of sale on the first Tuesday in March, 2009, by CitiFinancial Services, Inc. as Attorney-in- Fact for Robert Smith, Jr. the following property to-wit: THE FOLLOWING described property: ALL THAT TRACT or parcel of land containing 0.722 of an acre, more or less, together with improvements thereon, situate, lying and being in the 382rd District GM of Madison County, Georgia, and being more particularly shown and designated as Lot 22 on plat of subdivision enti tled “Final Plat for Patterson Place” prepared by Chandler Armentrout and Roebuck, PC, Wallace Long Hambrick, Registered Surveyor, dated June 5,1989, recorded in Plat Book 27, Page 57, Madison County Records, which plat and record are by reference incorporated herein. BEING THE SAME fee simple property conveyed by deed from Catherine Seymour f/k/a Catherine Batson to Robert Smith, Jr., dated 03/09/1999, recorded on 03/15/1999 in Book 184, Page 227, in Madison County Records, State of GA. The above described prop erty is also known as 235 Foote McClellan Road, Colbert, GA 30628. The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured there by, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable. The property will be sold as the property of the afore said grantor subject to the following: all prior restric tive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be dis closed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assess ments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable. To the best of the under signed’s knowledge and belief, possession of the sub ject property is held by Robert Smith, Jr. Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone num ber of the individual or enti ty who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: CitiFinancial Services, Inc. Attn: Loss Mitigation Dept. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Telephone number: 800- 422-1498. The foregoing notwith standing, nothing in O.C.G.A. § 44-14-162.2 shall be con strued to require CitiFinancial Services, Inc. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. CitiFinancial Services, Inc. as Attorney-in-Fact for Robert Smith, Jr. SHUPING, MORSE & ROSS, LLP By: S. Andrew Shuping, Jr. S. Andrew Shuping, Jr. 6259 Riverdale Road, Suite 100 Riverdale, Georgia 30274- 1698 (770) 991-0000 THIS LAW FIRM IS AT TEMPTING TO COLLECT A DEBT. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PUR POSE. (FE5,12,19,26B/119-60) 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 DAVID MCCURLEY to WELLS FARGO HOME MORTGAGE, INC., dated February 24, 2003, recorded in Deed Book 547, Page 19, Madison County, Georgia Records, conveying the after- described property to secure a Note in the original principal amount of ONE HUNDRED FIVE THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($105,750.00), 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 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: 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 David McCurley or a tenant or tenants and said property is more commonly known as 1366 Dove Drake Road, Royston, Georgia 30662. 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. Wells Fargo Bank, NAsbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for David McCurley McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/car 3/3/09 Our file no. 51410007-FT5 EXHIBIT A All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the 591st GMD, Madison County, Georgia, containing 0.86 of an acre, more or less, and being more particularly described according to a plat of sur vey by A.M. Britt, RLS, dated May 6, 1964, recorded in Plat Book 8, Page 78, Madison County Records and incorpo rated herein; being the same property conveyed by deed recorded in Deed Book Y-6, Page 654, said records. (FE5,12,19.25B/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 con tained in a Security Deed given by OTIS R. MINISH and RANDY MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, recorded in Deed Book 1049, Page 64, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association, as Trustee for WFMBS 2007-14 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 EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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: 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 Otis R. Minish and Randy Minish or a tenant or tenants and said property is more commonly known as 1688 Lucky Jones Rd, 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. HSBC Bank USA, National Association, as Trustee for WFMBS 2007-14 as Attorney in Fact for Otis R. Minish and Randy Minish McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/car 3/3/09 Our file no. 532509-FT5 EXHIBIT A All that tract or parcel of land lying and being in the 383rd GMD of Madison County, Georgia, containing 2.80 acres more or less, and being designated as Tract No. 2, as per plat recorded in Plat Book 26, Page 317, records of Madison County, Georgia, which plat is by ref erence incorporated herein and made a part hereof. (FE5,12,19.25B/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 con tained in a Security Deed given by JOYCE P. ALLEN to PREMIER LENDING CORPORATION, dated August 22, 1969, recorded in Deed Book 222, Page 139, Madison County, Georgia Records, as last transferred to The Bank of New York, successor to JPMorgan Chase Bank, as trustee, in trust for the Holders of Structured Asset Securities Corporation Mortgage Pass Through Certificates, Series 2003-BC1 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 SIXTY THOUSAND AND 0/100 DOLLARS ($60,000.00), 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: Select Portfolio Servicing, 3815 S West Temple, Salt Lake City, UT 84115, 888- 349-8955. 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 Joyce P. Allen or a tenant or tenants and said property is more commonly known as 518 Beck 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. The Bank of New York, successor to JPMorgan Chase Bank, as trustee, in trust for the Holders of Structured Asset Securities Corporation Mortgage Pass Through Certificates, Series 2003-BC1 as Attorney in Fact for Joyce P. Allen McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/eja 3/3/09 Our file no. 5212409-FT1 EXHIBIT A All that tract or parcel of land containing 5.05 acres, lying and being in the 383rd District G.M., Madison County, Georgia, and being particularly described as fol lows: Beginning at a point in the center of the County unpaved road at the land corner of lands now or formerly of Don McCarty, which pin is located approximately 1 mile east erly from the Seagraves Mill County Road as measured along the center of the County unpaved road, and running thence (a pin offset 24.8 feet on the first stated line) north 29 Degrees 13 Minutes east 954.2 feet to pin; thence north 61 Degrees 45 Minutes east 400 feet to a pin; thence south 30 Degrees 11 Minutes west 1213.1 feet to a point in the center of the County unpaved road (a pin offset 32.9 feet to the last stated line); thence along the center of the road north 82 Degrees 45 Minutes west 210 feet to the corner of beginning; Said tract of land is particu larly shown and delineated on a Plat entitled “survey for: Robert S. Johnson, Jr.” pre pared by John H. Wood, Jr., County Land Surveyor, dated August 22, 1969, record ed in Plat Book 17, Page 190, Madison County Clerk of Superior Court Records, which Plat and record are by reference incorporated herein. (FE5,12,19,25B/12062-80T1P) 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 NANCY WHITLOCK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 26, 2006, in the amount of $113,600.00, and recorded in Deed Book 925, Page 132, Madison County, Georgia Records, as last transferred to LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006- MLN1 by assignment, the undersigned, LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-MLN1 pur suant 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 con tained in said deed, will on the first Tuesday in March, 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, with improvements thereon, lying and being in the 383rd District, G.M., Madison County, Georgia, containing 5.01 Acres, more or less, and being bounded now or formerly as follows: on the Southwest by right-of- Way of County Road Number 391; on the North by Lands of Minish; on the East by Land of Slayter; on the Southeast by Land of Slayter. Said lands being more particularly described on a Plat of Survey for Dennis M. and Teresa C. Minish, dated October 18, 1996, prepared by Sherald G. Sharp, Registered Land Surveyor, recorded in Plat Book 33, Page 517, Madison County Public Records. Said Plat and the recordation there of are by reference incorpo rated herein and made a part of this legal description. This conveyance is made subject to all zoning ordinanc es, easements, right-of-way for public utilities and any restrictions of record affecting said described property. which has the prop erty address of 1481 Neese Commerce Road, Commerce, 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 Nancy Whitlock 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. LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-MLN1 Attorney in Fact for Nancy Whitlock Anthony DeMarlo, Attorney/ jplanicka McCurdy & Candler, L.L.C. (404)373-1612 www.mccurdycandler.com File No. 08-00163 /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. (FE5,12,19,25B/1325-60) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by SCOTT BROWN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for NOVASTAR MORTGAGE, INC., dated January 7, 2005, and recorded in Deed Book 774, Page 10, Madison County, Georgia Records, as last transferred to The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust 2005-1 by Assignment to be recorded in Madison County, Georgia records, conveying the after-described property to secure a Note of even date in the original prin cipal amount of $87,500.00, with interest at the rate speci fied therein, there will be sold by the undersigned 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, to wit: March 3, 2009, the fol lowing described property: Beginning at a pin on the northeasterly right of way line of the paved county road known as Poca Friendship Church Road at the land corner of Lands of Leroy Fitzpatrick: and running thence along the right of way of the said road S41 06E 142.6 feet to a pin: thence N79 29E 104.0 feet to a pin: thence N21.36W 171.7 feet to a pin: thence S61.48W 150.7 feet to the corner of beginning. Said tract of land is particularly shown and delineated on a plat prepared by John H. Wood, Jr., County Surveyor, dated February 2, 1978, recorded in Plat Book 18, Page 444, Madison County Records, Tax ID #0037116. The debt secured by said Deed to Secure Debt 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 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 provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to col lect attorney’s fees having been given). To the best knowledge and belief of the undersigned, the party (or parties) in posses sion of the subject property known as 822 Poca Road, Danielsville, GA 30633 is (are): Jerry Scott Brown or tenant or tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be dis closed by an accurate survey and inspection of the prop erty, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not lim ited to, assessments, liens, encumbrances, zoning ordi nances, easements, restric tions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final con- continued on following page