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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. MARCH 26. 2009 - PAGE 9B
Public Notices Continued
merit 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 knowl
edge and belief of the 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 thereby
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
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
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, reference
to which his hereby made for
a more particular description
of the property herein con
veyed.
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 easement being more
particularly shown and delin
eated 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 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 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)
Gpn16
Public Hearing
Notice
The Madison County
Planning & Zoning
Commission will hold public
hearings on Tuesday, April
21, 2009, at 6:30 p.m., and
the Madison County Board
of Commissioners will hold
public hearings on Monday,
May 4, 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. Susan Daniels request
to rezone a .46 acre parcel
from B1 toA1. This property
is located on Map 50 Parcel
52 on Jones Chapel Shiloh
Rd. in District 2.
2. Zoning Administrator
Linda Fortson with readop
tion of amendments to
the following Subdivision
Regulations;
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.
(MA26B/464P019691-20)
Gpn14
Public Notice
In accordance with Section
12-8-32(c) of the Georgia
Comprehensive Solid Waste
Management Act, PUBLIC
NOTICE is hereby served
that REPUBLIC SERVICES
OF GEORGIA, LIMITED
PARTNERSHIP, d/b/a /
OAK GROVE SANITARY
LANDFILL has received a
site suitability notice from the
Environmental Protection
Division of the Georgia
Department of Natural
Resources for the proposed
expansion of the municipal
solid waste landfill located at
967 Carl Bethlehem Road,
Winder, Barrow County,
Georgia.
(MA26P1)
Gpn06
Notice of
Corporation
Name Change
Notice is given that
Articles of Amendment for
AUXIN 360, INC. have been
delivered to the Secretary of
State for filing in accordance
with the Georgia Nonprofit
Corporation Code to amend
the name of this corporation
to BECOMING A MAN, INC.
The registered office of the
corporation is located at 724
Boogerhill Rd., Danielsville,
GA 30633, and its registered
agent at such address is
Drew Brantley.
(MA26.AP2P2)
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,
transferred 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 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 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 proper
ty, to the best information,
knowledge and belief of the
undersigned, being present
ly in the possession of Larry
Bolton, and the proceeds of
said sale will be applied to
the payment of said indebt
edness and all the expenses
of said sale, including attor
ney’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.swertfeger.net
*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)
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
tendered with your plead
ings/objections, unless you
qualify to file as an indigent
party. Contact probate court
personnel at the following
address/telephone number
for the required amount of
filing fees. If any objections
are filed, a hearing will be
scheduled at a later date.
If no objections are filed,
the petition may be granted
without a hearing.
Cody Cross
Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy
Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(MA19,26,AP2,9P4)
Gpn07
Holden Estate
Notice to Debtors
and Creditors
All creditors of the Estate
of LOUELLA C. HOLDEN,
deceased, late of Madison
County, Georgia, are hereby
notified to render in their
demands to the undersigned
according to law, and all per
sons indebted to said Estate
are required to make imme
diate payment to me.
This 13th day of March,
2009.
By: Jerry Stewart Drake
2525 Dovetown Road
Royston, GA 30662
Personal Representative
to the Estate of Louella C.
Holden
(MA 19,26,AP2,9P4)
Gpn06
Inc. Notice
Notice is given that Articles
of Incorporation which will
incorporate FINE FINISH
ADVISORY BOARD, INC.
will be delivered to the
Secretary of State for filing in
accordance with the Georgia
Non-Profit Corporation Code
O.C.G.A. § 14-3-202.1.
The initial registered office
of the Corporation will be
located in Madison County
at 1430 Highway 98 West,
Danielsville, GA 30633.
The initial registered agent
at such address is Marvin
White.
Felix P. Graham, Jr.
Graham Law Firm, LLC
Attorneys at Law
P.O. Drawer 300
Danielsville, GA 30633
(MA 19,26B/185-20)
gpn06
Inc. Notice
Notice is given that Articles
of Incorporation that will
incorporate BROAD RIVER
CHICKEN, INC. have been
delivered to the Secretary of
State for filing in accordance
with the Georgia Business
Corporation Code. The ini
tial registered office of the
corporation is located at
1268 Hwy. 72W, Comer, GA
30629, and its initial regis
tered agent at such address
is Kassidy Guthrie.
(MA19.26P2)
gpn12
Notice
of Seizure
Northern Circuit District
Attorney's Office
Robert W. Lavender,
District Attorney
On February 26, 2009,
$603.00 in U.S. Currency
was seized for administra
tive forfeiture from JOE
CARLSON MILLER,, at
Madison County, Georgia,
for violations of Official
Code of Georgia Annotated
Section 16-13-30 (Violation
of the Georgia Controlled
Substance Act). The con
duct giving rise to the forfei
ture is as follows: On 02-26-
2009 Deputy Jason Luke
conducted a traffic stop on a
maroon Mitsubishi Montero
Sport being driven by Joe
Miller. Luke asked Miller for
consent to search the vehicle
for illegal drugs and Miller
gave consent. Before the
vehicle was searched it was
learned that the vehicle had
no insurance and suspend
ed registration. Miller was
placed under arrest for the
traffic violations. A search of
the vehicle revealed a small
box in the rear portion of the
vehicle. In the box was a
small baggie containing an
off white crystal substance
that field tested positive for
Methamphetamine. Also in
the box were three unused
syringes with needles, five
used syringes with needles
and a gray in color metal
spoon with an off white resi
due in the bowl part of the
spoon. All evidence was
secured and suspected
Methamphetamine was sent
to the crime lab for test
ing. Upon arrival at the jail
Deputies located $603.00
in Miller’s pocket. The cash
was seized for condemna
tion purposes. Pursuant
to Official Code of Georgia
Annotated Section 16-13-
49(n) this property is subject
to forfeiture. Any person
claiming an ownership inter
est in this property may file a
claim within thirty (30) days
after the second publica
tion of this notice by send
ing the claim to the seizing
agency and to the district
attorney by certified mail or
statutory overnight delivery,
return receipt requested.
Otherwise, the property will
be forfeited and disposed of
according to law.
Robert W. Lavender
District Attorney
Post Office Box 843
Danielsville, GA 30633
Seizing Agency:
Inv. Scott Pulliam
Madison Co. Sheriff’s
Office
Post Office Box 65
Danielsville, GA 30633
(MA 12,19,26B/16457-40)
Gpn18
McCarty Estate
Georgia, Madison County
Probate Court
Notice
To: All Interested Parties
The petition of MARTHA
H. MCCARTY, for a year’s
support from the estate
of CHARLES MILTON
MCCARTY, 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 30, 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
tendered with your plead
ings/objections, unless you
qualify to file as an indigent
party. Contact probate court
personnel at the following
address/telephone number
for the required amount of
filing fees. If any objections
are filed, a hearing will be
scheduled at a later date.
If no objections are filed,
the petition may be granted
without a hearing.
Cody Cross
Probate Judge
By: Tiffany Treadway
Probate Clerk/Deputy
Clerk
P.O. Box 207
Danielsville, GA 30633
706-795-6365
(MA 5,12,19,26P4)
Gpn19
Notice
of Publication
County of Madison
State of Georgia
NOTICE is hereby given,
pursuant to O.C.G.A. § 17-5-
54, to the general public
and potential interest hold
ers that the Madison County
Sheriff’s Office is prepar
ing to dispose of the prop
erty described below. The
property has been collected
pursuant to criminal inves
tigations and cases which
have either been concluded
or closed.
Any persons that wish
to claim an interest in one
or more property items will
be interrogated by a law
enforcement
officer(s) to determine the
extent of your interest and
potential knowledge of the
facts surrounding the seizure
of said property. Further,
notice is hereby given that
a number of the property
items have previously been
criminally condemned by a
Superior Court Judge pur
suant to a criminal case.
Therefore, any false claims
will be criminal prosecuted
to the fullest extent of the
law.
The description of the
property items is as fol
lows: One (1) Toyota, VIN:
RN42091533, One(1 )Chevy
2WD, VIN: CE149B824830,
one (1) Ford Explorer, VIN:
1 FMZU32E3WUC59388,
one (1) Honda Civic, VIN
JHMEG8649P5049284,
one (1)GMC Sonoma, VIN:
1GTCS14r9M8526236,
one (1) GMC, VIN:
1GTC514R7P8503896.
Miscellaneous items with an
estimated value of $75 or
less may be advertised or
sold, or both, lots.
Potential interest holders
may contact the custodial
agency by telephone as fol
lows: INV. SCOTT PULLIAM.
All unclaimed property will
either be retained by the
custodial agency or sold at a
public sale on a later date.
(MA 19,26.AP2,9B/16457-30)
Mail advertise
ments to:
The Madison
County Journal,
P.O. Box 658,
Danielsville, GA
30633.
The deadine with
out paying a late
charge is Thursday,
noon, prior to the
first publication
date.
Legal advertise
ments must be paid
in advance unless
other arrangements
have been made.