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PAGE 8B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. FEBRUARY 19. 2009
Public Notices Continued
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 indebt
edness secured thereby, this
sale will be made for the pur
pose 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 entity
who shall have the full author
ity to negotiate, amend or
modify all terms of the above
described mortgage is as fol
lows:
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.
Linder and by virtue of the
Power of Sale contained
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 EXHIBIT AATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, failure
to pay the indebtedness 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 pro
vided in Security Deed and
by law, including attorneys
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 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 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, NA sbm
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 origi
nal 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 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 EXHIBIT AATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, failure
to pay the indebtedness 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 pro
vided in Security Deed and
by law, including attorneys
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 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 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 reference
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
Notice of Sale
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
JOYCE P. ALLEN to PREMIER
LENDING CORPORATION,
dated September 24, 1999,
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 EXHIBIT AATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, failure
to pay the indebtedness 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 pro
vided in Security Deed and
by law, including attorneys
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 Ann Hanley
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, suc
cessor 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 particular
ly described as follows:
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 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 public
outcry to the highest bidder for
cash, the property 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, pre
pared by Sherald G. Sharp,
Registered Land Surveyor,
recorded in Plat Book 33,
Page 517, Madison County
Public Records. Said Plat and
the recordation thereof are by
reference incorporated 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 begin
ning. Said tract of land is par
ticularly 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 collect
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 disclosed by an accurate
survey and inspection of the
property, 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
firmation and audit of the sta
tus of the loan with the holder
of the security deed.
Pursuant to O.C.G.A.
Section 9-13-172.1, which
allows for certain procedures
regarding the rescission of
judicial and nonjudicial sales
in the State of Georgia, the
Deed Under Power and other
foreclosure documents may
not be provided until final con
firmation and audit of the sta
tus of the loan as provided in
the preceding paragraph.
The Bank of New York
Mellon, as Successor Trustee
under NovaStar Mortgage
Funding Trust 2005-1 as attor
ney in fact for Scott Brown
Richard B. Maner, PC.
5775 Glenridge Drive
continued on following page