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PAGE 6B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. APRIL 9. 2009
Public Notices Continued
by law, including attorneys
fees (notice of intent to collect
attorneys fees having 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 mat
ters which might be disclosed
by an accurate survey and
inspection 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 entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Wells Fargo Home Mortgage,
Inc., PO Box 10335, Des
Moines, IA 50306, 1-800-416-
1472. Please understand that
the secured creditor 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 prop
erty is Melisa D. Culberson
and David M. Culberson or
a tenant or tenants and said
property is more commonly
known as Rt. 2 Box 559A,
Hull, Georgia 30646.
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 status
of the loan with the holder of
the security deed.
Wells Fargo Bank, N.A. as
Attorney in Fact for Melisa
D. Culberson and David M.
Culberson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/yjr 5/5/09
Our file no. 51620507-FT5
EXHIBIT A
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, contain
ing 3.85 acres on the east
erly side of U.S. Highway 29,
and being more particularly
described on a plat of sur
vey entitled “Survey for Grant
& Rhonda Gillespie” by Ray
N. Woods, Registered Land
Surveyor, dated May 7, 1990
and recorded in Plat Book 27,
Page 156, in the Office of the
Clerk of the Superior Court of
Madison County, Georgia and
being incorporated herein by
reference for a more particular
description.
(AP9,16,23,30B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by MILTON
DANIEL WHITENER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated December
15, 2006 in the amount of
$100,800.00, and recorded in
Deed Book 975, Page 157,
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 pursuant to the
power of sale contained in
said deed, will on the first
Tuesday in May, 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:
The following described
real property situate in the
City of Danielsville, County
of Madison, and State of
Georgia, to wit:
All that tract or parcel
of land together with the
improvements thereon, situ
ate, lying and being in the
262nd District, G.M., Madison
County, Georgia, being that
2.958 acres according to that
certain plat of survey dated
August 11, 1972, and record
ed in Plat Book 16, Page
243, of the Madison County
Records. Said plat and the
record thereof is referenced
to herein for a more complete
and detailed description.
There is included in the
above-described tract a lot
containing 0.993 acres, dated
January 24, 1973, and filed in
Plat Book 16, Page 5, of the
Madison County Records.
Tax ID #: 0021 037
By fee Simple Deed from
Lois B. Edwards as set forth in
Deed Book 00796, Page 0142
and recorded on 5/3/2005,
Madison County Records.
The source deed as stated
above is the last record of
vesting filed for this property.
There have been no vesting
changes since the date of the
above referenced source.
which has the property
address of 76 Arrowhead
Lane, Danielsville, 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 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 Milton Daniel
Whitener and the proceeds of
said sale will be applied to the
payment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Milton
Daniel Whitener
Anthony DeMarlo, Attorney/
awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-03517/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.
(AP9,16,23,30B/1325-60)
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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
PHYLLIS M. ROBERTS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated July 5, 2007, in
the amount of $247,000.00,
and recorded in Deed Book
1038, Page 199, Madison
County, Georgia Records, as
last transferred to National
City Bank by assignment; the
undersigned, National City
Bank pursuant to said deed
and the note thereby secured,
has declared the entire amount
of said indebtedness due and
payable and pursuant to the
power of sale contained in
said deed, will on the first
Tuesday in May, 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 land lying
and being in the 382nd GMD
of Madison County, Georgia,
being Lot 5 of Hidden Falls
Subdivision, as per plat
recorded in Plat Book B-109,
Page 8, Madison County,
Georgia Records, which plat
is incorporated herein for a
more accurate description of
the property.
This conveyance is made
subject to all zoning ordinanc
es, easements and restric
tions of record affecting said
bargained premises.
Parcel ID#: H001-016-A04
which has the property
address of 200 Hidden Falls
Court, Hull, Georgia, togeth
er 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 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 Phyllis M.
Roberts and the proceeds of
said sale will be applied to the
payment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
National City Bank Attorney
in Fact for Phyllis M. Roberts
Anthony DeMarlo, Attorney/
canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-07634 /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.
(AP9,16,23,30B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
WHEREAS, on 11/24/2004,
for value received, NATOYA
CURRY executed and
delivered to the UNITED
STATES OF AMERICA, act
ing through the UNITED
STATES DEPARTMENT OF
AGRICULTURE, a Deed to
Secure Debt conveying certain
real estate located in Madison
County, Georgia, and said
Deed to Secure Debt was
recorded in the Office of the
Clerk of the Superior Court for
Madison County, Georgia, in
Book #00751, Pages# 0179-
0186; and rerecorded on
12/15/2004, in the Office of the
Clerk of the Superior Court for
Madison County, Georgia, in
Book #00756, Pages# 0103-
0110; and
WHEREAS, the United
States of America now holds
the above described security
deed covering the said real
estate; and
WHEREAS, the Deed to
Secure Debt held by the United
States of America provides
that should default occur, the
holder may declare the entire
indebtedness secured by the
Deed to Secure Debt due and
payable and, in compliance
with the power of sale provi
sions contained in said secu
rity deed proceed to sell the
property at public outcry; and
WHEREAS, after default,
the United States of America
has declared all of the indebt
edness secured by the Deed
to Secure Debt due and pay
able and hereby certifies that
it has complied with all of its
loan servicing regulations;
NOW, THEREFORE, the
said United States of America,
acting as aforesaid, under
and in compliance with the
power of sale provision con
tained in the Deed to Secure
Debt, will proceed to sell at
public outcry, for cash or certi
fied funds to the highest bid
der in front of the Courthouse
in Madison County, during the
legal hours of sale, on the 5th
day of May, 2009, the follow
ing-described property con
veyed in the Deed to Secure
Debt, 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, and being
known and designated as Lot
5, Pine Ridge Subdivision, and
being more particularly shown
on a survey entitled “Survey
for Pine Ridge Subdivision”,
dated December 19, 2001, by
James M. Paul, Registered
Land Surveyor, and recorded
in Plat Book B-75, Page 8,
in the Office of the Clerk of
the Superior Court of Madison
County, Georgia, reference to
which is hereby made for a
more particular description of
the property herein conveyed.
The above described prop
erty will be sold subject to
any and all outstanding real
estate taxes that are due and
payable.
The failure of any high bid
der to pay the purchase price
and close the sale shall, at the
option of the United States of
America, be cause for rejec
tion of the bid, and, if the bid
is rejected, the United States
of America shall have the
option of making the sale to
the next highest bidder who
is ready, willing and able to
comply with the terms there
of. The proceeds of said
sale will first be applied to
the payment of the indebted
ness to the United States of
America, other charges, and
the expenses of sale, as pro
vided in the above-described
Deed to Secure Debt.
This the day of 2009.
UNITED STATES OF
AMERICA
By: Thomas B. Herron
Chief, Default Management
Branch
United States Department
of Agriculture,
Rural Development
(AP9,16,23,30B/7747-60T4)
gpn11
Notice of Sale
Notice of Sale Under Power
WHEREAS, for value
received, LEA PAULINE
BABINEAU, executed and
delivered to MICHAEL P.
MADDEN, that certain prom
issory note, dated June 10,
1996, in the principal amount
of FORTY THOUSAND
DOLLARS AND 00/100
($40,000.00) (the “Promissory
Note”) which has been
assigned to Pam White (the
“Lender”), with the Promissory
Note being secured by a Deed
to Secure Debt recorded at
Deed Book 23, Page 003, as
assigned to Danny J. White at
Deed Book 287, Page 164, as
further assigned to Pam White
at Deed Book 287, Page 165,
all in the Office of the Clerk of
the Superior Court of Madison
County, Georgia (the “Deed to
Secure Debt”); and
WHEREAS, Lender is the
holder of said Deed to Secure
Debt and the Promissory Note
secured thereby; and
WHEREAS, the Deed
to Secure Debt held by
Lender provides that should
default occur the holder may
declare the entire indebted
ness secured by the Deed to
Secure Debt due and payable
and in compliance with the
power of sale, proceed to sell
the property at public outcry;
and
WHEREAS, the Promissory
Note secured by said Deed to
Secure Debt has been and is
hereby declared due and pay
able because of, among other
possible events of default,
nonpayment of periodic pay
ments of principal and interest
under said loan; and
WHEREAS, notice has
been given as required by
O.C.G.A. §44-14-162.2
NOW, THEREFORE,
Lender, acting as attorney in
fact for Lea Pauline Babineau
under and in compliance with
the powers of sale in the Deed
to Secure Debt, will proceed
to sell at public outcry for
cash or certified funds to the
highest bidder in front of the
courthouse in Danielsville,
Madison County, Georgia dur
ing the legal hours of sale on
the first Tuesday in May, 2009
(May 5, 2009) the following
described property conveyed
in the said Deed to Secure
Debt, to wit:
All that tract or parcel of
land, together with improve
ments thereon, situate, lying
and being in the 383rd G.M.D.,
Madison County, Georgia,
being known and designat
ed as Lot 23 of Briarwood
Subdivision as shown on a
plat of survey entitled “Survey
for R.D. Fischer”, dated
November 4, 1986, said plat
being recorded at Plat Book
33, Page 405 in the Office
of the Clerk of the Superior
Court for Madison County,
Georgia and being incorpo
rated herein by reference for
a more particular description
of the above property.
The proceeds of said sale
will first be applied to the pay
ment of the indebtedness to
Lender, other charges, and
the expenses of sale, as pro
vided in the Deed to Secure
Debt, and the balance, if any,
shall be applied or distributed
as required by law.
To the best of the knowl
edge of Lender, the property
is in the possession of Lea
Pauline Babineau. The sale
will be subject to any out
standing and unpaid taxes,
street improvements, ease
ments and covenants appear
ing of record.
Lender, as Attorney in fact
for Lea Pauline Babineau
Alvin L. Bridges III
Blasingame, Burch, Garrard
& Ashley, PC.
Attorneys for Lender
Post Office Box 832
Athens, Georgia 30603
(706) 354-4000
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
(AP9,16,23,30B/510-60T0P)
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 ERVIN
ROSS KESTERSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated July 22, 2005, and
recorded in Deed Book 822,
Page 69, Madison County
Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to Citigroup Global
Markets Realty Corp., by
Assignment securing a Note
in the original principal amount
of $284,400.00, the holder
thereof pursuant to said Deed
and Note thereby secured has
declared the entire amount of
said indebtedness due and
payable and, pursuant to the
power of sale contained in
said Deed, will on the first
Tuesday, May 5, 2009, during
the legal hours of sale, before
the Courthouse door in said
County, sell at public outcry
to the highest bidder for cash,
the property described in said
Deed, to-wit:
All that lot, tract or parcel of
land situate, lying and being
in the 382nd District, G.M.
of Madison County, Georgia,
and being known and des
ignated as Lot 3 containing
2.637 acres, more or less,
of South Creek Subdivision,
and being more particularly
described according to that
certain plat of survey entitled
“Survey For: South Creek
Construction, LLC,” prepared
by Carroll Surveying, LLC,
certified by Stacey C. Carroll,
Georgia Registered Surveyor,
and recorded at Plat Book
B-121, Pages 002A-004A,
in the Office of the Clerk of
Superior Court of Madison
County, Georgia, which plat
and the record thereof are by
reference incorporated herein
for a more complete descrip
tion of the property herein
conveyed.
Said property is known
as 70 Kylas Way, Hull, GA
30646, together with all fix
tures 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 (including 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
inspection 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 confir
mation 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 Ervin Ross
Kesterson, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Ervin Ross Kesterson
aka Ervin R. Kesterson, and
the proceeds 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 dis
tributed as provided by law.
Citigroup Global Markets
Realty Corp. as Attorney-in-
Fact for Ervin Ross Kesterson
aka Ervin R. Kesterson
File no. 08-008847
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/RS
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]
(AP9,16.23.30B/1323-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in a
Security Deed from KEVIN
M. ELKINS to UNITED
COMMUNITY BANK, dated
August 8, 2006, recorded
September 18, 2006, in Deed
Book 946, Page 129, Madison
County, Georgia Records,
as modified by Modification
of Security Deed dated
November 15, 2007, recorded
in Deed Book 1072, Page
26, Madison County, Georgia
records, said Security Deed
being given to secure a Note
from KEVIN M. ELKINS dated
November 15, 2007, in the
original principal amount of
FOUR HUNDRED TWENTY
TWO THOUSAND SEVEN
HUNDRED NINETEEN
AND 50/100 ($422,713.50)
DOLLARS, with interest from
date at a rate per cent per
annum on the unpaid bal
ance until paid; there will be
sold by the undersigned at
public outcry to the highest
bidder for cash before the
Courthouse door at Madison
County, Georgia, within the
legal hours of sale on the first
Tuesday in May, 2009, the fol
lowing described property:
All that tract or parcel of
land lying and being in the
438th G.M. District of Madison
County, Georgia, consisting of
15.146 acres, shown as Tract
5, according to a plat of sur
vey prepared by Cornerstone
Land Surveying, Georgia
Registered Land Surveyors,
dated November 26, 2001,
and recorded in Plat Book
B-74, Page 2, Madison County,
Georgia Records. Reference
is made to said plat of survey
for a more complete descrip
tion of the property.
This conveyance is made
subject to all zoning ordinanc
es, easements, covenants and
restrictions of record affecting
said bargained premises.
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, failure
to pay the indebtedness as
and when due and in the
manner provided in the Note
and Security Deed. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed
and by law, including attor
ney’s fees (notice of intent to
collect attorney’s fees having
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 dis
closed by an accurate survey
and inspection of the property,
any assessments, liens, ease
ments, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is KEVIN M. ELKINS
or a tenant or tenants.
UNITED COMMUNITY
BANK, as attorney in Fact for
KEVIN M. ELKINS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01091
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
(AP8,15,22,29B/16022-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in
the payment of the indebt
edness secured by a
Security Deed executed by
DURRELL C. BREWER to
UNION PLANTERS BANK,
N.A. now REGIONS BANK
DBA REGIONS MORTGAGE
dated September 5, 2003,
and recorded in Deed Book
620, Page 1, Madison County
Records, securing a Note in
the original principal amount
of $81,500.00, the holder
thereof pursuant to said Deed
and Note thereby secured has
declared the entire amount of
said indebtedness due and
payable and, pursuant to the
power of sale contained in
said Deed, will on the first
Tuesday, May 5, 2009, during
the legal hours of sale, before
the Courthouse door in said
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 City
of Comer, 205th District, G.M.
of Madison County, Georgia,
and being more particularly
shown and designated as Lot
2, Phase C, Shannon’s Place
Subdivision on plat entitled
continued on following page