Newspaper Page Text
THE MADISON COUNTY (GA) JOURNAL. THURSDAY. MARCH 12. 2009 - PAGE 9B
Public Notices Continued
INC. dated March 5, 2008, in
the amount of $142,565.00,
and recorded in Deed Book
01095, Page 0099, Madison
County, Georgia Records, as
last transferred to Mortgage
Electronic Registration
Systems, Inc. by assignment,
the undersigned, Mortgage
Electronic Registration
Systems, Inc. pursuant to
said deed and the note there
by secured, has declared the
entire amount of said indebt
edness due and payable and
pursuant to the power of sale
contained in said deed, will
on the first Tuesday in April,
2009, during the legal hours
of sale, at the Courthouse
door in Madison County, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said deed
to-wit:
All that tract or parcel
of land lying and being in
the 204th GMD of Madison
County, Georgia, being des
ignated as Lot 5 of Pintail
Estates Subdivision accord
ing to that Plat of Survey
recorded in Plat Book B148,
Pages 1A-3A, Madison
County, Georgia records,
which Plat is incorporated
herein and made a part here
of by reference thereto for
a more complete descrip
tion of the property conveyed
herein.
which has the property
address of 739 Crawford
W. Long St., Danielsville,
Georgia, together 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 con
firmation 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 Bradford
J. Murphy and Rebecca L.
Murphy 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 Bradford
J. Murphy and Rebecca L.
Murphy
Anthony DeMarlo, Attorney/
kjenrette
McCurdy & Candler,
L.L.C.
(404)373-1612
www.mccurdycandler.com
File No. 09-02345 /FHA
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.
(MA12,19,26,AP2B/1325-50)
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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
WERNER W. CASEY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated May 17, 2006, in
the amount of $124,000.00,
and recorded in Deed Book
912, Page 0209, Madison
County, Georgia Records, as
last transferred to Mortgage
Electronic Registration
Systems, Inc. by assignment,
the undersigned, Mortgage
Electronic Registration
Systems, Inc. pursuant to
said deed and the note there
by secured, has declared the
entire amount of said indebt
edness due and payable and
pursuant to the power of sale
contained in said deed, will
on the first Tuesday in April,
2009, during the legal hours
of sale, at the Courthouse
door in Madison County, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said deed
to-wit:
TRACT ONE:
All that tract or parcel of
land, with improvements
thereon, lying and being in
the 205th G.M. District of
Madison County, Georgia, in
the corporate limits of the
City of Comer, containing
one acre, more or less, and
being formerly known as the
School House Lot, located in
the Northeaster part of the
City of Comer, and being
bounded now or formerly
as follows: On the South
and East by property of J.P.
Gholston; on the North by
property ofA.J. Jackson; and
on the West by Hodgson
Street (now known as Oak
Street).
This property is the
same property described
in a Warranty Deed form
the Estate of W.P Rowe to
Made Smith Gordon, dated
February 11, 1942, record
ed in Deed Book E-3, at
Page 220, in the Office of the
Clerk of the Superior Court
of Madison County, Georgia,
said deed being expressly
by reference incorporated
into and made a part of this
description.
TRACT TWO:
All that tract or parcel of
land, with improvements
thereon, lying and being in
the 205th G.M. District of
Madison County, Georgia, in
the corporate limits of the
City of Comer, fronting on
Hodgson Streetfora distance
of 60 fee, and running back
to the property of Mrs. D.E.
Graham a distance of 200
feet, bounded now or former
ly as follows: on the West by
Hodgson Street (now knows
as Oak Street); on the South
by First Avenue (now known
as Sunset Avenue, and also
known as Georgia Highway
72); on the East by property
of Mrs. D.E. Graham; and on
the North by property of the
W.P. Rowe estate.
This property is the same
property described in a
Warranty Deed form Paul
Hammond and Bernice
Hammond to Maude Smith
Gordon, dated August 5,
1938, recorded in Deed
Book E-3, at Page 219, in
the Office of the Clerk of the
Superior Court of Madison
County, Georgia, said deed
being expressly by reference
incorporated into and made
a part of this description.
LESS AND EXCEPT:
All that tract or parcel of
land, with improvements
thereon, lying and being in
the 205th G.M. District of
Madison County, Georgia, in
the corporate limits of the
City of Comer, located on
the Northern side of Sunset
Avenue (Georgia Highway
No. 72), and being more par
ticularly described in a plat of
survey prepared by John H.
Wood, Jr., Madison County
Surveyor, dated August 30,
1973, recorded in Plat Book
16, at Page 261, in the Office
of the Clerk of the Superior
Court of Madison County,
Georgia, said plat and the
recording thereof being
expressly by reference incor
porated into and made a part
of this description.
This property is bounded
now or formerly as follows,
as shown on said plat: On
the North by property of W.P.
Martin; on the East by prop
erty of Felix Graham; on the
South by a 60-feet-wide right-
of-way for Georgia Highway
No. 72; and on the West by
property of C.L. Gordon.
This property is the
same property described
in a Warranty Deed form
Maude S. Gordon to James
Edwin Seigler and Erma Sue
Seigler, dated May 13, 1970,
recorded in Deed Book
H-5, at Page 123, in the
Office of the Clerk of the
Superior Court of Madison
County, Georgia. This prop
erty is also the same prop
erty described in a Quitclaim
Deed from Maude S. Gordon
and C.L. Gordon to James
Edwin Seigler and Erma Sue
Seigler, dated November
6, 1973, recorded in Deed
Book E-5, at Page 124, in
the Office of the Clerk of the
Superior Court of Madison
County, Georgia.
ALSO LESS AND
EXCEPT:
All that tract or parcel of
land, with improvements
thereon, lying and being in
the 205th G.M. District of
Madison County, Georgia, in
the corporate limits of the
City of Comer, containing
20,870 square feet, more or
less, and being more particu
larly described as follows:
Beginning at a corner on
W.P. Martin Lot and run
ning along the street that
leads from the highway to
the Danielsville and Carlton
Road in a Southern direc
tion for a distance of 88 feet
to a stake; thence East for
a distance of 210 feet to a
stake on the line of Mrs. D.E.
Graham; thence North for a
distance of 106 feet to the
corner of J.L. Reynolds lot;
thence West for a distance
of 210 feet to the beginning
corner on the street above
mentioned.
This property is bounded
now or formerly as follows,
as shown on said plat; On
the West by the street above
mentioned; on the South by
property of Ms. C.L. Gordon;
on the East by property of
Mrs. D.E. Graham and the
property of J.L. Reynolds;
and on the North by prop
erty of J.L. Reynolds and the
property of W.P. Martin.
This property is the same
property described in a
Warranty Deed from Mrs.
C.L. Gordon to Mrs. Paul
C. Hammonds, dated July
26, 1945, recorded in Deed
Book L-3, at Page 337, in
the Office of the Clerk of the
Superior Court of Madison
County, Georgia.
The above-described tracts
of property constitute the
same property described in
a Warranty Deed from Lillie
Grace Fleeman to Werner
W. Casey, dated April 7,
2004, recorded in Deed
Book 682, at Pages 178-
179, in the Office of the Clerk
of the Superior Court of the
Superior Court of Madison
County, Georgia, said deed
being expressly by reference
incorporated into and made
a part of this description.
It is the intention of the par
ties to create a perpetual or
indefinite security interest in
the real property described
herein pursuant to O.C.G.A.
§ 44-14-80(a)(2) and to agree
that title shall not revert to the
Grantor herein for a period of
20 years from the date of this
conveyance.
which has the property
address of 2024 Oak Street,
Comer, Georgia, together
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 con
firmation 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 Werner W.
Casey and Emily Casey and
the proceeds of said sale will
be applied to the payment
of said indebtedness, 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 aforemen
tioned Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Werner
W. Casey
Anthony DeMarlo, Attorney/
kjenrette
McCurdy & Candler,
L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-24524 /FNMA
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.
(MM2,19,26,AP2B/1325-
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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 execut
ed by JAMES M. TOOLE
and JAMIE D. TOOLE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated September 28,
2007, in the amount of
$142,759.00, and recorded in
Deed Book 1057, Page 249,
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 pur
suant to the power of sale
contained in said deed, will
on the first Tuesday in April,
2009, during the legal hours
of sale, at the Courthouse
door in Madison County, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said deed
to-wit:
All that tract or par
cel of land, together with
all improvements thereon,
situate, lying and being in
the 382nd District, G.M.,
Madison County, Georgia,
being Lot 6 of Saddle Ridge
Subdivision as shown on that
certain plat of survey entitled
Survey for: Saddle Ridge,
dated January 30, 2002, pre
pared by Paul & Evans Land
Surveying, Inc., Gregory
J. Evans, Registered Land
Surveyor, and recorded in
Plat Book B-79, Page 6, in
the Office of the Clerk of
Superior Court, Madison
County, Georgia, referenc
es being made thereto for
a more complete descrip
tion of the property herein
described.
The residence situate on
the above described tract of
land is known and desig
nated as 185 Hannah Drive,
according to the present sys
tem of numbering residences
in Madison County, Georgia.
which has the property
address of 185 Hannah
Drive, Colbert, 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 conducted
subject (1) to confirmation
that the sale is not prohibited
under the U.S. Bankruptcy
Code and (2) to final con
firmation 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 James M.
Toole and Jamie D. Toole
and the proceeds of said
sale will be applied to the
payment of said indebted
ness, 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 James
M. Toole and Jamie D. Toole
Anthony DeMarlo, Attorney/
ajackson
McCurdy & Candler,
L.L.C.
(404)373-1612
www.mccurdycandler.com
File No. 09-02357 /FHA
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.
(MM2,19,26,AP2B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of a Power of
Sale contained in that certain
Security Deed from ISRAEL
CALDERON AGUILAR to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nominee
for HOMESTAR FINANCIAL
CORPORATION, dated
March 31, 2008, recorded
April 10, 2008, in Deed Book
01103, Page 0100-0110,
Madison County, Georgia
Records, said Security Deed
having been given to secure
a Note of even date in the
original principal amount of
EIGHTY-ONE THOUSAND
THREE HUNDRED FIFTY-
SEVEN AND 00/100
DOLLARS ($81,357.00), with
interest thereon as provided
for therein, said Security
Deed having been last sold,
assigned and transferred to
US Bank, N.A., 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 April,
2009, all property described
in said Security Deed includ
ing but not limited to the fol
lowing described property:
All that tract or parcel of
land, together with improve
ments thereon, situate, lying
and being in the 382nd GMD,
Madison County, Georgia,
being 1.17 acres according to
a plat of survey entitled “sur
vey for Dorothy Burroughs”
dated 12/9/83 and record
ed in Plat Book 22, Page
403, of the Madison County
Records. Which plat and the
record thereof is referred to
herein for a more complete
and detailed description.
Also included is an ingress/
egress easement shown on
survey for Dorothy Burroughs
by James M. Paul engineer
ing & surveying by James
M. Paul dated 6/26/92 and
filed 8/6/92 in Plat Book 28,
Page 551, Madison County,
Georgia Records.
Said property is common
ly known as 453 Swamp
Guinea Road, Colbert, GA
30628.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due because of default under
the terms of said Security
Deed and Note, including
but not limited to the nonpay
ment of the indebtedness as
and when due. The indebt
edness remaining in default,
this sale will be made for the
purpose of paying the same,
all expenses of the sale,
including attorneys' fees and
all other payments provided
for under the terms of the
Security Deed and Note.
Said property will be sold
subject to the following items
which may affect the title to
said property: all zoning ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection
of the property; any out
standing taxes, including but
not limited to ad valorem
taxes, which constitute liens
upon said property; special
assessments; all outstand
ing bills for public utilities
which constitute liens upon
said property; all restric
tive covenants, easements,
rights-of-way and any other
matters of record superior to
said Security Deed. To the
best of the knowledge and
belief of the undersigned, the
party in possession of the
property is Israel Calderon
Aguilar or tenants(s).
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 con
firmation and audit of the
status of the loan with the
holder of the Security Deed.
THE ABOVE LAW FIRM
IS ACTING AS A DEBT
COLLECTOR. ANY IN
FORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
US BANK, N.A. as
Attorney in Fact for ISRAEL
CALDERON AGUILAR
Lender Contact: U.S.
BANK, Loss Mitigation
Dept., 4801 Frederica Street,
Owensboro, KY 42301
TELEPHONE NUMBER:
877-334-0453
Attorney Contact: Adorno
& Yoss LLC, 3740 Davinci
Court, Suite 100, Norcross,
GA 30092
TELEPHONE NUMBER:
(888) 890-5309
ADORNO FILE NO.
212508.1302
WWW.ADORNO.COM/
ATLDOCS/SALES.HTML
(MM2,19,26,AP2B/13991-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of power of sale
contained in Commercial
Deed to Secure Debt
and Security Agreement
dated October 26,
2005, from MCLINTACK
CONSTRUCTION
CORPORATION to AFB&T, a
Georgia state bank, recorded
in Deed Book 00855, Page
0010, in the Office of the
Clerk of the Superior Court
of Madison County, Georgia
(hereinafter “Security Deed”),
said Security Deed secur
ing a note dated July 31,
2008, in the original principal
amount of $37,074.77 with
interest from date at the rate
specified in the note on the
unpaid balance until paid,
there will be sold by the
undersigned at public outcry
to the highest bidder for cash
before the Courthouse door
in Madison County, Georgia,
within the legal hours of sale
on the first Tuesday in April,
2009, the following described
property:
ALL THAT TRACT OR
PARCEL OF LAND situate
lying and being in Madison
County, Georgia, and being
more particularly described
in Exhibit “A” attached hereto
and by this reference made a
part hereof.
EXHIBIT “A”
All that tract or parcel of land
lying and being in the 204th
GMD of Madison County,
Georgia, being designated
as Lot 1 of Pintail Estates
Subdivision according to
that plat of survey recorded
in Plat Book B148, Pages
1A-3A, Madison County,
Georgia Records, which plat
is incorporated herein and
made a part hereof by ref
erence thereto for a more
complete description of the
property conveyed herein.
Together with all build
ings, structures, and other
improvements now or here
after located on said prop
erty, or any part and parcel
thereof.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other
possible events of default,
nonpayment of amounts due
on said loan when due, and
the loan has matured by its
terms and not been paid.
Said default not being cured,
and the debt remaining in
default, the sale will be made
for the purpose of paying the
same and all expenses of
the sale, including accrued
attorney’s fees.
Said property will be sold
by AFB&T, a Georgia state
bank, as attorney in fact
for McLintack Construction
Corporation, subject to any
outstanding ad valorem
taxes and/or assessments,
and matters of record, if
any, having priority over the
Security Deed.
To the best of the knowl
edge and belief of AFB&T,
a Georgia state bank, the
person in possession of
the property is McLintack
Construction Corporation or
persons claiming under it.
The name, address and
telephone number of the
individual or entity who has
full authority to negotiate,
amend and modify all terms
of the Security Deed is Ms.
Lori Martin, Vice President,
AFB&T, Mailing address:
AFB&T, Attention: Lori
Martin, Post Office Box 1747,
Athens, Georgia 30603;
Physical Address: AFB&T,
Attention: Lori Martin, 150
W. Hancock Avenue, Athens,
Georgia 30601; Telephone
number: (706) 357-7015,
provided however, AFB&T
is not required to negotiate,
amend or modify the terms
of the Security Deed.
Said property will be sold
and deed executed by the
undersigned to the purchas
er and the proceeds of sale
applied by the undersigned,
all as provided in said power
of sale and the Security Deed
containing said power.
AFB&T, a Georgia state
bank, as Attorney in Fact
for McLintack Construction
Corporation
DARREL BEGNAUD
BEGNAUD & MARSHALL,
LLP
Post Office Box 8085
Athens, Georgia 30603
(MM2,19.26.AP2B/313-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By virtue of power of sale
contained in Commercial
Deed to Secure Debt
and Security Agreement
dated October 26,
2005 from MCLINTACK
CONSTRUCTION
CORPORATION to AFB&T, a
Georgia state bank, recorded
in Deed Book 00855, Page
0021 in the Office of the
Clerk of the Superior Court
of Madison County, Georgia
(hereinafter “Security Deed”),
said Security Deed secur
ing a note dated July 31,
2008 in the original principal
amount of $36,552.84 with
interest from date at the rate
specified in the note on the
unpaid balance until paid,
continued on following page