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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