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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) 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 (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) 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 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