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PAGE 8B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. FEBRUARY 26. 2009
Public Notices Continued
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: Select Portfolio
Servicing, 3815 S West
Temple, Salt Lake City,
UT 84115, 888-349-8955.
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 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 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.
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.foreclosu rehotline,
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 approxi
mately 1 mile easterly from
the Seagraves Mill County
Road as measured along
the center of the County
unpaved road, and run
ning 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 cen
ter of the road north 82
Degrees 45 Minutes west
210 feet to the corner of
beginning;
Said tract of land is par
ticularly shown and delin
eated on a Plat entitled “sur
vey for: Robert S. Johnson,
Jr.” prepared by John H.
Wood, Jr., County Land
Surveyor, dated August 22,
1969, recorded 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 under
signed, LaSalle Bank, N.A.
as Trustee for the MLMITrust
Series 2006-MLN1 pursu
ant 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
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, prepared 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 ordi
nances, 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,
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 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 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 nomi
nee 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 principal amount of
$87,500.00, with interest at
the rate specified therein,
there will be sold by the
undersigned at public out
cry 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 run
ning 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
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).
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
subjectto (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 limited to, assessments,
liens, encumbrances, zon
ing ordinances, easements,
restrictions, 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
confirmation and audit of
the status 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 proce
dures regarding the rescis
sion of judicial and nonju
dicial sales in the State of
Georgia, the Deed Under
Power and other foreclo
sure documents may not be
provided until final confirma
tion and audit of the status
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 attorney in fact
for Scott Brown
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
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.
FC08-1238
(FE5,12,19.25P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
By virtue of the Power
of Sale contained in that
Security Deed from
RIGOBERTO TINOCO
and PAM GARRISON to
REGIONS BANK, dated
June 14, 2002, recorded in
Deed Book 463, Page 204,
as modified by that certain
Modification of Security
Deed dated April 8, 2003,
recorded in Deed Book 557,
Page 13, as further modified
by that certain Modification
of Security Deed, dated
October 10, 2003, recorded
in Deed Book 639, Page
48, as further modified by
that certain Modification
of Security Deed dated
December 10, 2004, record
ed in Deed Book 772, Page
215, as affected by that
certain Affidavit of Mistaken
Cancellation of Security
Deed by Regions Bank,
dated November 19, 2008,
recorded in Deed Book
1148, Page 126, Madison
County, there will be sold
at public outcry before the
Courthouse door in said
County by Regions Bank,
during the legal hours of
sale on the first Tuesday in
March, 2009, to the highest
bidder for cash, the follow
ing described property, as
follows:
All that tract or parcel of
land lying and being in the
383rd District, G.M., Madison
County, Georgia, and being
that 3.00 acres, more or
less, designated as Lot 7
on a plat of survey prepared
for Eugene Montgomery by
Max Lewallen, Registered
Surveyor, dated February
27, 1989, recorded at Plat
Book 25, Page 194, in the
Office of the Clerk of the
Superior Court of Madison
County, Georgia and incor
porated herein and made a
part hereof by reference for
a more detailed description
Upon information and
belief of lender, said property
is commonly known as 3795
Commerce Neese Road,
Danielsville, Georgia
30633.
The said debt secured
by the said Security Deed
being in default, said sale
will be made for the purpose
of paying the same and all
expenses in connection with
this foreclosure including
but not limited to all accrued
and unpaid interest, attor
ney’s fees and expenses
of sale.
Upon the best information
and belief of Lender, the
above-described property
is in the possession of the
Borrower, and/or tenants of
Borrower or other persons
or entities in possession
with the consent or acquies
cence of Borrower.
Said property will be sold
as the property of Rigoberto
J. Tinoco, and subject to any
outstanding ad valorem real
property taxes (including
taxes which are a lien, but
not yet due and payable),
any matter which might be
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zon
ing ordinances, restric
tions, covenants and mat
ters of record superior to
the Security Deed first set
out above. The sale will be
conducted subject to con
firmation that the sale is
not prohibited under the U.
S. Bankruptcy Code and to
final confirmation and audit
of the status of the loan with
the holder of the security
deed.
Regions Bank, as attor
ney in fact for Rigoberto J.
Tinoco
MICHAEL D. PAYNE,
Attorney for Regions Bank
McCullough, Payne &
Haan, LLC
171 17th Street, N.W.,
Suite 975
Atlanta, Georgia 30363
(404) 873-1386
(FE5,12,19,25P4)
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 KEITH M. HARBIN to
MORTGAGE ELECTRONIC
REGISTRATION
SYSTEMS, INC. dated
August 2, 2000, in the
amount of $343,800.00,
and recorded in Deed
Book 276, Page 106,
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 pursu
ant 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
property described in said
deed to-wit:
All that tract or parcel
of land, together with all
improvements thereon,
situate, lying and being in
the 382nd District, G.M. of
Madison County, Georgia,
containing 2.00 acres,
more or less, lying West
of Stone Creek Drive, and
being designated as Block
A, Lot 12, and more particu
larly described by survey
entitled Survey for: Stone
Creek Subdivision, pre
pared by Cornerstone Land
Surveying, James R. Smith,
Registered Surveyor, dated
April 2, 1999, and recorded
in Plat Book 37, Page 124,
in the Office of the Clerk
of the Superior Court of
Madison County, Georgia,
said plat and record thereof
being incorporated herein
by reference.
which has the proper
ty address of 439 Stone
Creek Drive, Hull, 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 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 attorneys’
fees in accordance with the
terms of the note secured
by said deed.
Said property will be sold
as the property of Keith M.
Harbin 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.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Keith M.
Harbin
Anthony DeMarlo,
Attorney/lseymore
McCurdy & Candler,
L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-23559 /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.
(FE5,12,19,26B/1325-50)
Gpn16
Public
Hearing Notice
The Madison County
Planning & Zoning
Commission will hold public
hearings on Tuesday, March
17, 2009, at 6:30 p.m., and
the Madison County Board
of Commissioners will hold
public hearings on Monday,
April 6, 2009, at 6:30 p.m.
The hearings are held at
the Government Complex
located at 91 Albany Ave,
Danielsville. For additional
information contact Madison
County Planning & Zoning at
706-795-6340. The follow
ing matters will be heard:
1. Bobby Gunnells request
to rezone 1.5 ac with an
existing house from his
55.01 ac parcel from A1 to
R1. The property is located
on Poss Rd. on Map 68
Parcel 54 in District 4.
2. James and Connie
Arnold request a Conditional
Use Permit for approx. 4 to
5 ac of their 25.02 ac prop
erty for an inert landfill to
recycle concrete. The prop
erty is located at Nowhere
and Planter Gunnell Rd. in
District 1.
3. Jennifer Howard
for owner Joneal Griffeth
request to rezone a 1.15 ac
parcel from R-1 to B-2 for a
small animal vet clinic. The
property is located on Map
D-1 Parcel 138 on Hwy 98
E. in District 4.
4. Daryl Molliere request
to rezone 5.19 ac from A1
to RR to subdivide 2 exist
ing homes. The property is
located on Map 102 Parcel
83 on Bells Ferry Rd. in
District 2.
5. Planning and Zoning
Chairman Wayne Douglas
with changes to the Zoning
Ordinance.
Section 10: Sign
Ordinance
Section 6.6.3: Occupying
a RV and Camper.
Section 6.6.4: Temporarily
occupying a RV and
Camper.
Section 9.5.1 and 9.5.1.4:
Change Planning Zoning
Commission to Zoning
Administrator
Section 9.5.1.10: Add
music and swimming les
sons as a permitted use.
Section 9.5.2.5: Change
Planning and Zoning
Commission to Zoning
Administrator.
6. Zoning Administrator
Linda Fortson with readop
tion of amendments to the
following;
Section 4.17.4 Designation
the Open Space, in the
Subdivision Regulations.
Section 4.7.11 Permitted
Uses of the Open Space,
in the Subdivision
Regulations.
Section 7.1.2.10 Inert
Landfill.
Section 9.5.1.10 Permitted
Home Occupation.
(FE26B/464P019404-40)
Gpn18
Yarbrough
Estate
Georgia, Madison County
Probate Court
Notice
To: All Interested Parties
The petition of BEVERLY
A. YARBROUGH, for a
year’s support from the
estate of MARSHALL
W. YARBROUGH SR.,
deceased, for decedent’s
surviving spouse, having
been duly filed, all interested
persons are hereby notified
to show cause, if any they
have, on or before March
23, 2009, why said petition
should not be granted.
All objections to the peti
tion must be in writing, set
ting forth the grounds of any
such objections, and must
be filed on or before the
continued on following page