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PAGE 6B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. MARCH 19. 2009
Public Notices Continued
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 foreclosure
documents may not be pro
vided until final confirmation
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
(MA12,19,26, AP2P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the
payment ofthe indebtedness
secured by a Security Deed
executed by BRADFORD
J. MURPHY and
REBECCA L. MURPHY to
MORTGAGE ELECTRONIC
REGISTRATION
SYSTEMS, 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 under
signed, Mortgage Electronic
Registration Systems, Inc.
pursuant to said deed and
the note thereby secured,
has declared the entire
amount of said indebted
ness 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 out
cry to the highest bidder for
cash, the property 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
designated as Lot 5 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 incor
porated herein and made
a part hereof by reference
thereto for a more complete
description 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 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 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)
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
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 under
signed, Mortgage Electronic
Registration Systems, Inc.
pursuant to said deed and
the note thereby secured,
has declared the entire
amount of said indebted
ness 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 out
cry to the highest bidder for
cash, the property 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, contain
ing 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 prop
erty of J.P. Gholston; on the
North by property of A.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, recorded
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 Street for a
distance of 60 fee, and run
ning back to the property
of Mrs. D.E. Graham a dis
tance of 200 feet, bounded
now or formerly 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 refer
ence incorporated into and
made a part of this descrip
tion.
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
particularly 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 incorporated 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
property 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 Guitclaim
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 partic
ularly 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 direction
for a distance of 88 feet to a
stake; thence East for a dis
tance 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 bound
ed now or formerly as fol
lows, 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 property 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 ofthe
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
parties to create a per
petual or indefinite security
interest in the real prop
erty described herein pur
suant 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 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 Werner
W. Casey and Emily Casey
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 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.
(MA12,19,26,AP2B/1325-140)
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 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 indebted
ness 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 out
cry 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.,
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, prepared 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, references being
made thereto for a more
complete description 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
system of numbering resi
dences 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 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 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.
(MA12,19,26,AP2B/1325-50)
gpn11
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., act
ing 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 inter
est 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 par
cel of land, together with
improvements thereon,
situate, lying and being in
the 382nd GMD, Madison
County, Georgia, being 1.17
acres according to a plat of
survey entitled “survey for
Dorothy Burroughs” dated
12/9/83 and recorded 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 engineering & survey
ing 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 follow
ing items which may affect
the title to said property: all
zoning ordinances; matters
which would be disclosed
by an accurate survey or by
an inspection of the prop
erty; any outstanding taxes,
including but not limited to ad
valorem taxes, which consti
tute liens upon said prop
erty; special assessments;
all outstanding bills for pub
lic utilities which constitute
liens upon said property; all
restrictive covenants, ease
ments, 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 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 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
(MA12,19,26,AP2B/13997-60)
gpn11
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 (hereinaf
ter “Security Deed”), said
Security Deed securing a
note dated July 31,2008, in
the original principal amount
of $37,074.77 with interest
from date at the rate speci
fied in the note on the unpaid
balance until paid, there will
be sold by the undersigned
at public outcry to the high
est 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 here
to 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 des
ignated 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 incor
porated herein and made
a part hereof by reference
continued on following page