Newspaper Page Text
THE MADISON COUNTY (GA) JOURNAL. THURSDAY. APRIL 2. 2009 - PAGE 5B
Public Notices Continued
Said property is commonly
known as 2155 Waggoners
Grove Church 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 outstanding
bills for public utilities which
constitute liens upon said
property; all restrictive cov
enants, 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 prop
erty is David E. Thompson 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 confir
mation and audit of the sta
tus 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.
COUNTRYWIDE HOME
LOANS SERVICING, LP as
Attorney in Fact for DAVID E.
THOMPSON
Lender Contact:
COUNTRYWIDE, Loss
Mitigation Dept., 7105
Corporate Drive, PTX-A-274,
Plano, TX 75024
TELEPHONE NUMBER:
800-669-6087
Attorney Contact:
Adorno & Yoss LLC
3740 Davinci Court, Suite
100
Norcross, GA 30092
TELEPHONE NUMBER:
(888) 890-5309
ADORNO FILE NO.
215400.6207
WWW.ADORNO.COM/
ATLDOCS/SALES.HTML
(MA12,19,26. AP2B/13997-70)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Under and by virtue of the
Power of Sale contained
in a Deed to Secure Debt
given by SCOTT BROWN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for
NOVASTAR MORTGAGE,
INC., dated January 7, 2005,
and recorded in Deed Book
774, Page 10, Madison
County, Georgia Records,
as last transferred to The
Bank of New York Mellon,
as Successor Trustee under
NovaStar Mortgage Funding
Trust 2005-1 by Assignment
recorded in Deed Book 1160,
Page 43, Madison County,
Georgia Records, conveying
the after-described property
to secure a Note of even
date in the original principal
amount of $87,500.00, with
interest at the rate speci
fied therein, there will be
sold by the undersigned 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, to
wit: April 7, 2009, the follow
ing described property:
Beginning at a pin on the
northeasterly right of way
line of the paved county road
known as Poca Friendship
Church Road at the land
corner of Lands of Leroy
Fitzpatrick: and running
thence along the right of way
of the said road S41 06E
142.6 feet to a pin: thence
N79 29E 104.0 feet to a pin:
thence N21.36W 171.7 feet
to a pin: thence S61.48W
150.7 feet to the corner of
beginning. Said tract of land
is particularly shown and
delineated on a plat pre
pared by John H. Wood,
Jr., County Surveyor, dated
February 2, 1978, recorded
in Plat Book 18, Page 444,
Madison County Records,
Tax ID #0037116.
The debt secured by said
Deed to Secure Debt has
been and is hereby declared
due because of, among other
possible events of default,
failure to pay the indebted
ness as and when due and
in the manner provided in
the Note and Deed to Secure
Debt. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of
this sale, as provided in the
Deed to Secure Debt and by
law, including attorney’s fees
(notice of intent to collect
attorney's fees having been
given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in posses
sion of the subject property
known as 822 Poca Road,
Danielsville, GA 30633 is
(are): Jerry Scott Brown or
tenant or tenants.
Said property will be sold
subject to (a) any outstand
ing ad valorem taxes (includ
ing taxes which are a lien,
but not yet due and payable),
(b) any matters which might
be disclosed by an accu
rate 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 con
firmation and audit of the sta
tus 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 procedures
regarding the rescission of
judicial and nonjudicial sales
in the State of Georgia, the
Deed Under Power and
other foreclosure documents
may not be provided 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, PC.
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 of the indebt
edness 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 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 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 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
hereof 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 confir
mation and audit of the sta
tus 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 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 highest
bidder for cash, the property
described in said deed to-
wit:
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, 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, 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 confir
mation and audit of the sta
tus 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., 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 provid
ed 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 outstanding
bills for public utilities which
constitute liens upon said
property; all restrictive cov
enants, 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 confir
mation and audit of the sta
tus 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
(hereinafter “Security Deed”),
said Security Deed secur
ing a note dated July 31,
2008, in the original princi
pal 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
(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
(hereinafter “Security Deed”),
said Security Deed securing
a note dated July 31,2008 in
the original principal amount
of $36,552.84 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 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 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 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
continued on following page