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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. MARCH 26. 2009 - PAGE 7B
Public Notices Continued
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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 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
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
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 dis
tance 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 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 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 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
parties to create a per
petual 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 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.
(MM2,19,26,AP2B/1325-140)
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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 pursu
ant 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
highest bidder for cash, the
property 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, 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 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.
(MA12,19,26,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., actingsolelyas 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 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 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 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 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
(MA12,19,26,AP2B/13997-60)
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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 (hereinaf
ter “Security Deed”), said
Security Deed securing a
note dated July 31,2008, in
the original principal amount
of $37,074.77 with inter
est 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 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
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 remain
ing in default, the sale will
be made for the purpose
of paying the same and all
expenses of the sale, includ
ing 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 pur
chaser and the proceeds of
sale applied by the under
signed, 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
(MA12,19,26,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 (hereinaf
ter “Security Deed”), said
Security Deed securing a
note dated July 31, 2008 in
the original principal amount
of $36,552.84 with inter
est 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 des
ignated as Lot 2 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.
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 remain
ing in default, the sale will
be made for the purpose
of paying the same and all
expenses of the sale, includ
ing 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,
continued on following page