The Madison County journal. (Hull, Ga.) 1989-current, February 26, 2009, Image 8

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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. FEBRUARY 26. 2009 - PAGE 7B Public Notices gpn 11 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, recorded 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 prop erty 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 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: 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 common ly 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 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). 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, zon ing ordinances, restrictions, covenants, all outstanding bills for public utilities which constitute liens upon said property, and matters of record superior 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, trans ferred 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 there by secured has declared the entire amount of said indebtedness due and pay able 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 prop erty 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 delineated as Lot 2, 1.647 acres, according to that plat entitled “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 redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspec tion of the property, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The sale will be con ducted subject (1) to con firmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation 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 under signed, being presently in the possession of Larry Bolton, and the proceeds of said sale will be applied to the payment of said indebt edness and all the expenses of said sale, including attor ney’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. swertfeg er.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 State of Georgia Athens-Clarke County Because of a default under a Note dated August 8, 2004, in the original prin cipal 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 hav ing been made good, the undersigned First American Bank and Trust Company, pursuant to said Deed and the Notes secured there by, has declared the entire amount of the indebted ness secured by said Deed immediately due, payable and collectible; and, pursu ant to the power of sale con tained 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 having declared the bal ance 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 payment of said indebted ness and all charges and expenses in connection with foreclosure .including attor ney’s fees(notice of intent to collect attorney’s fees hav ing 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, infor mation and belief, equita ble 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 claiming under them. The property address is 454 SAWDUST RD., HULL, GEORGIA 30646 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 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.”, prepared 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 record ing thereof are hereby incor porated herein by reference for a more detailed descrip tion of the property. M. Barton Rice, Jr., P.C. 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 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 DAVID MCCURLEY to WELLS FARGO HOME MORTGAGE, INC., dated February 24, 2003, record ed in Deed Book 547, Page 19, Madison County, Georgia Records, convey ing 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 inter est thereon as set forth therein, there will be sold at public outcry to the high est 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 A ATTACHED 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 indebt edness as and when due and in the manner provided in the Note and Security Deed. The debt remain ing 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 hav ing 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, zon ing ordinances, restrictions, covenants, 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 under signed, the party in pos session 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 con ducted subject (1) to con firmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation 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.foreclosu rehotline, 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, situate, lying and being in the 591st GMD, Madison County, Georgia, containing 0.86 of an acre, more or less, and being more par ticularly described accord ing to a plat of survey by A.M. Britt, RLS, dated May 6, 1964, recorded in Plat Book 8, Page 78, Madison County Records and incor porated 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 contained in a Security Deed given by OTIS R. MINISH and AKA RANDY MINISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 14, 2007, record ed 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 A ATTACHED 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 indebt edness as and when due and in the manner provided in the Note and Security Deed. The debt remain ing 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 hav ing 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, zon ing ordinances, restrictions, covenants, 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 common ly known as 1688 Lucky Jones Rd, Hull, Georgia 30646. The sale will be con ducted subject (1) to con firmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation 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 AKA and Randy Minish McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosu rehotline, 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 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 con tained 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 A ATTACHED 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, continued on following page