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PAGE 8B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. MARCH 19. 2009
Public Notices Continued
property to secure a Note
in the original principal
amount of ONE HUNDRED
FIFTY-THREE THOUSAND
ONE HUNDRED FORTY
AND 0/100 DOLLARS
($153,140.00), 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 April, 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: Bank of America,
475 Crosspoint Parkway,
Getzville, NY 14068, 800-
285-6000. Please under
stand that the secured cred
itor 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 Andrew
Scearce and Jamie Scearce
or a tenant or tenants and
said property is more com
monly known as 60 Scarlet
Oak Lane, Comer, Georgia
30629.
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.
Bank of America, NA
as Attorney in Fact for
Andrew Scearce and Jamie
Scearce
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosu rehotline,
net
MR/pxs 4/7/09
Our file no. 5465309-FT8
EXHIBIT A
All those tracts or par
cels of land, together with
all improvements thereon,
situate, lying and being in
the 205th GMD, Madison
County, Georgia, in the City
of Comer, and being more
particularly shown and des
ignated as Lot 29 containing
0.724 of an acre, on a plat of
survey entitled “Survey for
Final Plat - Phase II, Royal
Oaks Subdivision”, prepared
by Bauknight & Associates,
Inc., W. Slate Bauknight,
Registered Surveyor dated
March 4, 2006, recorded in
Plat Book B158, Page 1A,
Madison County, Georgia
Records, which plat and
record are by reference
incorporated herein.
Subject to protective cov
enants recorded in Deed
Book 900, Pages 20-24,
Madison County, Georgia
records.
(MA 12,19,26,AP2B/12062-60T1P)
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 KENNETH BRAY, to
BRANCH BANKING AND
TRUST COMPANY sbm
BANK OF DANIELSVILLE,
dated January 03, 2000,
and recorded January 14,
2000, in Deed Book 239,
Page 146, Madison County,
Georgia Records, said
Security Deed having been
given to secure a Note of
even date in the original prin
cipal amount of SEVENTY
TWO THOUSAND
DOLLARS AND NO CENTS
($72,000.00), with inter
est thereon as provided for
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 April 2009,
all property described in said
Security Deed including but
not limited to the following
described property:
All that tract or parcel of
land lying and being in the
383 GMD, Madison County,
Georgia, consisting of 5.00
acres, more or less, and
being bounded now or for
merly on the west by the right
of way of Neese-Commerce
Road, on the north by Lot
12, on the east by Lot 1, and
on the south by Lot 10, as
more particularly shown and
delineated on that plat enti
tled “Survey for: Kenneth M.
Bray” by Ringo and Sadler,
David L. Ringo, Sr., Georgia
Registered Land Surveyor
No. 2250, said plat dated
December 30, 1999, and
recorded at Plat Book 39,
Page 250, Madison County
Superior Court Records.
This property is the same
as that property shown as
Lot 11 on that plat recorded
at Plat Book 25, Page 194,
Madison County Superior
Court Records.
Said property being known
as 3566 Neese-Commerce
Road Hull, GA 30646,
according to the present
system of numbering in
Madison County, Georgia.
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
constitute liens upon said
property; special assess
ments; all outstanding bills
for public utilities which
constitute liens upon said
property; all restrictive cove
nants, easements, rights-of-
way and any other matters
of record superior to said
Security Deed.
To the best of the knowl
edge and belief ofthe under
signed, the party in pos
session of the property is
Kenneth Bray or tenant(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,
Branch Banking and Trust
sbm Bank of Danielsville as
Attorney in Fact for Kenneth
Bray.
Contact: Patrick J.
Geheren, Esq.,
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
(MA12,19,26,AP2/P4)
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
ANTHONY TODD BURTON
and LANIE THOMAS to
HOMEBANC MORTGAGE
CORPORATION dated
September 29, 2004, in the
amount of $280,000.00,
and recorded in Deed Book
00735, Page 0229, Madison
County, Georgia Records, as
last transferred to U.S. BANK
NATIONAL ASSOCIATION
AS TRUSTEE FOR ARMT
2004-2 by assignment, the
undersigned, U.S. BANK
NATIONAL ASSOCIATION
AS TRUSTEE FOR ARMT
2004-2 pursuant to said
deed and the 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 in April, 2009, dur
ing the legal hours of sale,
at the Courthouse door in
Madison County, sell at
public outcry to the highest
bidder for cash, the prop
erty described in said deed
to-wit:
All that tract or parcel
of land, together with all
improvements thereon,
situate, lying and being in
203rd District, G.M., City of
Carlton, Madison County,
Georgia, on the Westerly
side of Church Street, and
being more particularly
shown and delineated on a
plat prepared by Landmark
Engineering Corporation,
J.R., Holland, Registered
Surveyor, dated October
17, 1985, and recorded in
Plat Book 22, Page 534, in
the Office of the Clerk of the
Superior Court of Madison
County, Georgia, refer
ence to which his hereby
made for a more particular
description of the property
herein conveyed.
Less and Except:
All that tract or parcel of
land, containing 72 Square
Feet, more or less, and
designated as a rock wall
building, lying and being
in the 203rd District, G.M.,
City of Carlton, Madison
County, Georgia, and being
more particularly shown and
delineated on a survey by
James M. Paul, Registered
Surveyor, dated November
12, 1990, and recorded in
Plat Book 28, Page 250,
Madison County, Georgia
Records, which plat and the
record thereof are by refer
ence incorporated herein.
Also conveyed herewith
is a right of way being an
easement of perpetuity and
running with the land above
described for the purpose
of ingress and egress from
said property across the
lands of the Grantor to a
20 Foot ally in The City of
Carlton, Madison County,
Georgia, and being 12
Feet in Width, said ease
ment being more particu
larly shown and delineated
on the aforementioned plat
recorded in Plat Book 28,
Page 250, Madison County,
Georgia Records.
This deed to secure debt
is executed by Anthony Todd
Burton and Lanie Thomas
for the purpose of securing
a promissory note execut
ed by Anthony Todd Burton
dated September 24, 2004
in the original amount of
$280,000.00. Lanie Thomas
acknowledges good and
valuable consideration for
the execution of the note
and the execution of this
deed to secure debt and the
benefits flowing therefrom.
which has the property
address of 56 Church St.,
Carlton, 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 Anthony
Todd Burton and Lanie
Thomas 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.
U.S. BANK NATIONAL
ASSOCIATION AS
TRUSTEE FOR ARMT
2004-2 Attorney in Fact for
Anthony Todd Burton and
Lanie Thomas
Anthony DeMarlo,
Attorney/lseymore
McCurdy & Candler,
L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04414/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.
(MA12,19,26,AP2B/1325-70)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in the
payment of the indebted
ness secured by a Security
Deed executed by LARRY
BOLTON and JACQUELINE
RENEE 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, April 7, 2009, dur
ing the legal hours of sale,
before the Courthouse door
in said County, sell at public
outcry to the highest bid
der for cash, the property
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 and Jacqueline
Renee Bolton, the prop
erty, to the best informa
tion, knowledge and belief
of the undersigned, being
presently in the possession
of Larry Bolton, and the pro
ceeds of said sale will be
applied to the payment of
said indebtedness and all
the expenses of said sale,
including attorney’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 and Jacqueline
Renee 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. swe rtfege r. n et
*THE LAW FIRM IS
ACTING AS A DEBT COL
LECTOR. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
[FC-NOS]
(MA12,19,26,AP2B/1323-70T1P)
gpn15
Public Hearing
State Board Member to
Hold Public Hearing March
25,2009
Mr. Brian Burdette to Host
State Board of Education
Tenth District Public
Hearing
The State Board of
Education will hold a public
hearing for citizens in the
Tenth Congressional District
on Wednesday, March 25,
2009. The meeting will be
held from 7 - 8 P.M. at the
Morgan County Board of
Education Meeting Room,
1065 East Avenue, Madison.
The purpose of the hear
ing is to receive comments
from citizens and educators
regarding public educa
tion in the district. Persons
wishing to speak may sign
in upon arrival. Mr. Brian
Burdette, the Board’s Tenth
District representative, will
conduct the hearing. For
more information contact
Ms. Lynn Roberts at 404-
657-7410 or by e-mail: Irob-
erts@doe.k12.ga.us.
The Georgia Department
of Education does not dis
criminate on the basis of
disability in admission to,
access to, or operations of
its programs, services or
activities. Individuals who
need assistance or auxiliary
aids for participation in this
public forum are invited to
make their needs known to
Ms. Lynn Roberts, Georgia
Department of Education at
(404) 657-7410.
(MA19B/269-20P)
Gpn14
Public Notice
In accordance with
Section 12-8-32(a) of the
Georgia Comprehensive
Solid Waste Management
Act, PUBLIC NOTICE is
hereby served that Athens-
Clarke County Landfill on
March 9, 2009 submitted an
application for a solid waste
handling permit and request
for site suitability for a solid
waste disposal facility from
the Georgia Department
of Natural Resources
Environmental Protection
Division (EPD). The appli
cation was for the Athens-
Dunlop Road Municipal
Solid Waste Landfill pro
posed Phase 5 Expansion
located at 5700 Lexington
Road, Athens, Georgia.
(MA19P1)
gpn05
Advertisement
for Bids
Madison County Industrial
Development & Building
Authority
Madison County, Georgia
Separate Sealed Bids
for the construction of the
Wastewater Treatment and
Disposal System Serving
the Commercial Corridor
along U.S. 29 and S.R. 106
in Madison County, Georgia
will be received by the
Madison County Industrial
Development & Building
Authority’s Board Room at
101 Court House Square,
Suite 2, Danielsville,
Georgia, 30633, until 2:00
p.m., Tuesday, April 7,
2009, and then at said office
publicly opened and read
aloud.
The Project consists of
constructing a wastewater
treatment and disposal sys
tem to serve the commer
cial corridor along U.S. 29
and S.R. 106 in Madison
County, Georgia.
A pre-bid conference will
be held on Wednesday,
March 18, 2009, at 10:30
a.m. in the Madison County
Industrial Development &
Building Authority’s Board
Room, 101 Court House
Square, Suite 2, Danielsville,
GA 30633.
The Project will be award
ed in one Contract. Contract
documents consisting of
Information for Bidders,
Bid, Contract Agreement,
Technical Specifications,
Drawings and other Contract
Documents may be exam
ined at the following loca
tions:
Madison County Industrial
Development & Building
Authority
101 Courthouse Square,
Suite 2
Danielsville, GA 30633
Dodge Plan Room
1750 Enterprise Way,
Suite 103
Marietta, GA 30067
AGC Builders Exchange
Plan Room
1940 The Exchange, Suite
300
Atlanta, GA 30339
Armentrout Roebuck
Matheny Consulting Group,
P.C.
OakBrook Corporate
Campus,
330 Research Drive, Suite
240
Athens, GA 30605
Copies of the Contract
Documents may be
obtained at the office of
ARMENTROUT ROEBUCK
MATHENY CONSULTING
GROUP, P.C. OakBrook
Corporate Campus, Suite
A-240, 330 Research Drive,
Athens, Georgia 30605; tele
phone 706/548-8211, upon
payment of $200 for each
set. Bids will be received
from registered plan hold
ers only. No refunds will be
made.
A Bid Bond for 100% ofthe
amount of the bid must be
submitted with the proposal.
Performance and Payment
Bonds in the amount of
100% of the Contract Price
will be required. Bidders
are required to provide
qualification statements with
their bid.
The OWNER reserves the
right to reject any and all
bids if it appears in his best
interest to do so.
Date: February 26, 2009
Official: MADISON
COUNTY INDUSTRIAL
DEVELOPMENT &
BUILDING AUTHORITY
Marvin White, Executive
Director
(MA5,19B/940T2)
Gpn18
Moore Estate
Georgia, Madison County
Probate Court
Notice
To: All Interested Parties
The petition of PANSY K.
MOORE, for a year’s support
from the estate of THOMAS
E. MOORE, 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 April 13, 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
time stated in the preced
ing sentence. All pleadings/
objections must be signed
before a notary public or
before a probate court clerk,
and filing fees must be ten
dered with your pleadings/
objections, unless you qual
ify to file as an indigent
party. Contact probate court
personnel at the following
address/telephone number
for the required amount of
continued on following page