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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) 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 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