The Madison County journal. (Hull, Ga.) 1989-current, April 16, 2009, Image 19

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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. APRIL 16. 2009 - PAGE 3B Public Notices gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County 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. Under and by virtue of the Power of Sale contained in a Security Deed given by JUVENTINO O. CRUZ to JPMORGAN CHASE BANK, N. A., dated July 10, 2007, recorded in Deed Book 1039, Page 91, Madison County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Madison County, Georgia Records, conveying the after-described property to secure a Note in the origi nal principal amount of ONE HUNDRED SIXTY-NINE THOUSAND AND 0/100 DOLLARS ($169,000.00), with interest thereon as set forth therein, 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 May, 2009, the following described property: SEE EXHIBITAATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed 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 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 provided in Security Deed and by law, including attor neys 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 matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negoti ate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mort gage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Juventino O. Cruz or a tenant or ten ants and said property is more commonly known as 2673 Corinth Church Rd, Bowman, Georgia 30624. 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. Chase Home Finance LLC as Attorney in Fact for Juventino O. Cruz McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosu rehotline, net MR/rat 5/5/09 Our file no. 53302908-FT3 EXHIBIT A All that tract or parcel of land lying and being in the 591st District, G.M. of Madison County, Georgia, containing 24.44 acres, more or less, and being bounded now or formerly substantially as follows: on the north by property of B.T. Osley and property of Clyde King; on the east by right of way of Elbert County, Road No. 142 and Madison County Road No. 11, being a joint ly maintained county road; and on the south by prop erty of Maureen K. O’Brien; on the west by property of J.F. Green, Jr. and Audrey M. Green, and property of Carter Pullian and Ina Bell Pullian; Said property is subject to an existing easement for Plantation Pipeline and said property is also more particu larly shown and described on a plat dated March 20, 1986, made by Dean H. Teasley, Georgia Registered Land Surveyor, which is recorded in Plat Book 23, Page 86, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and recorded are by refer ence incorporated herein; LESS and EXCEPT All that tract or parcel of land, together with all improvement thereon, lying and being in the 591st G.M. District of Madison County, Georgia, containing 12.03 acres, more or less, and being bounded now or for merly as follows: on the north by lands of Osley for a dis tance of 1011.08 feet; on the east by land s of O’Brien for a distance of 533.56 feet; on the south by lands of Phillips for a distance of 1009.56 feet; on the west by lands of Green for a distance of 263.83 feet and lands of Pulliam for a distance of 262.02 feet. Said lands being more particularly described on plat of survey for Cynthia Ginn Phillips dated August 29, 1996, prepared by Herman W. Jordan, registered survey or, recorded in Plat Book 36, Page 59, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and record are by reference incorporated herein; Less and Except: right of way for public roads and utili ties. (AP9,16,23,30B/12062-90T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County By virtue of a Power of Sale contained in that cer tain Security Deed from CHARLES W. BECK and ANNETTE S. BECK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nomi nee for Countrywide Home Loans, Inc., dated September 22, 2006, recorded October 9, 2006, in Deed Book 00953, Pages 0006-0018, Madison County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of THREE HUNDRED THIRTY-THREE THOUSAND AND 00/100 DOLLARS ($333,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and trans ferred to Countrywide Home Loans Servicing, LP, 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 May, 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 lying and being situ ated in the 1616th GMD of Madison County, Georgia, consisting of 5.25 acres, more or less and being the same property depicted in that plat of survey by Dean H. Teasley, dated January 5, 2004 for Annette S. Beck and recorded in the deed records of the Clerk of Court for Madison County in Plat Book B114, Page 1C. Address: 2478 Vineyards Creek Church Rd, Comer, GA 30629 Tax Map or Parcel Id No.: 94-39 Said property is commonly known as 2478 Vineyards Creek Church Road, Comer, GA 30629. 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 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 knowledge and belief of the undersigned, the party in possession of the property is Charles W. Beck and Annette S. Beck, 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 con firmation and audit of the status of the loan with the holder of the Security Deed. THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COUNTRYWIDE HOME LOANS SERVICING, LP as Attorney in Fact for CHARLES W. BECK AND ANNETTE S. BECK 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. 215400.7211 WWW.ADORNO.COM/ ATLDOCS/SALES.HTML (AP9,16,23,30B/13997-60) 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 that cer tain Security Deed, dated February 28, 2007, executed by ROBERT T. HERSH AND KERRYDANIELLEHERSHto MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. recorded in Deed Book 3035, Page 405, Madison County, Georgia Deed Records, and securing a Note intheoriginalprincipalamount of $143,500.00, Mortgage Electronic Registration Systems, Inc.,the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and,pursuant to the power of sale contained in said Security Deed, will, onthe first Tuesday in May, 2009, to-wit: May 5, 2009, during the legalhours of sale, before the Madison County Courthouse door, sell at pub- licoutcry to the highest bid der for cash, the following described realproperty: All that tract or parcel of land, together with all improvementsthereon, lying and being in the 382nd GMD, Madison County, Georgia, being known as Tract 2, con taining 5.020 acres, more or less, being more particularly shown on a plat of survey entitled “Survey for: Sam & Mary Cummins”, dated March 27, 2006, prepared by Paul & Evans Land Surveying, Inc., recorded in Plat Book OB158, page 006C, Madison County, GeorgiaPublic Records, which plat and record are by reference incorporated herein. The aforedescribed real property is also known as 3350 Waggoners Grove Church Road, Colbert, Georgia, according to the present system of numbering houses in Madison County, Georgia. This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determina tion that the borrower has not reinstated the loan prior to the foreclosure sale. Said real property will be sold subject to any outstand ing ad valorem taxes (includ ing taxes which are a lien, but not yet due and pay able), the right of redemption of any taxing authority, any matters which might be dis closed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. Upon information and belief, said real property is presently in the possession or control of Robert T. Hersh and Kerry Danielle Hersh and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorneys fees, all as provided in said Security Deed and the excess pro ceeds, if any, will be distrib uted as provided by law. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for ROBERT T. HERSH AND KERRY DANIELLE HERSH David W. Adams, Esquire Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, Suite 1001 Savannah, Georgia 31401 (912) 233-9700 THIS LAW FIRM IS AT TEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFER ENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PUR POSE. 442958v1 007013-002198 (AP9,16,23,30B/1328-6OT4P) 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 DEANNA C. MAXWELL and JONATHAN K. MAXWELL to HOMEBANC MORTGAGE CORPORATION dated May 25, 2007, in the amount of $103,000.00, and recorded in Deed Book 1024, Page 84, Madison County, Georgia Records, as last transferred to American Home Mortgage Servicing, Inc. by assign ment, the undersigned, American Home Mortgage Servicing, 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 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 parcel of land lying and being in the 383 G.M.D., Madison County, Georgia, and being shown as Tract 3, 3.542 acres, on a plat of survey entitled Survey for The Peoples Bank of Winder by W.T. Dunahoo and Associates, dated September 18, 2001, recorded in Plat Book B-69, at Page 8 of the Madison County, Georgia Deed Records. Subject to all Rights-of-Way, restrictions and easements of record, and also those shown on the above referred to plat. which has the property address of 908 Tarpkins Road, Commerce, 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 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 Deanna C. Maxwell and Jonathan K. Maxwell 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. American Home Mortgage Servicing, Inc. Attorney in Fact for Deanna C. Maxwell and Jonathan K. Maxwell Anthony DeMarlo, Attorney/ smagnuson McCurdy & Candler, L. L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-08217 / FHLMC 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 Georgia, Madison County Because of default in the payment of the indebt edness secured by a Security Deed executed by DON COMFORT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated November 12, 2004, in the amount of $113,000.00, and recorded in Deed Book 750, Page 152, Madison County, Georgia Records, as last trans ferred to HSBC Mortgage Services, Inc. by assignment, the undersigned, HSBC Mortgage Services, Inc. pur suant 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 out cry 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 383rd District, G.M., Madison County, Georgia, being known and designated as Lot 4, Block A, Brown Brothers Farms and being more par ticularly described on a plat of survey entitled Survey for William D. Holloway dated March 19, 1985, by James M. Paul, Registered Land Surveyor No. 1530, said plat being recorded in Plat Book 22, Page 363, in the Office of the Clerk of the Superior Court of Madison County, Georgia and being incorpo rated herein by reference for a more particular descrip tion. which has the property address of 88 Brownwood Drive, 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 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 Don Comfort 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. HSBC Mortgage Services, Inc. Attorney in Fact for Don Comfort Anthony DeMarlo, Attorney/ efisher McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-08398 /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 in Deed to Secure Debt State of Georgia County of Madison Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from DAVID F. CONLEY and SHARON K. CONLEY to TAYLOR, BEAN AND WHITAKER MORTGAGE CORPORATION in the original principal amount of $124,200.00 dated 07/15/1996, and recorded in Deed Book 27, Page 186, Madison County Records, said Security Deed being last transferred and assigned to CitiCorp Mortgage, Inc. in Deed Book 33, Page 184, the undersigned will sell at public outcry to the high est bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of May, 2009 by CitiMortgage, Inc. f/k/a CitiCorp Mortgage, Inc., as Attorney-in-Fact for David F. Conley and Sharon K. Conley the following described property: All that tract or parcel of land, togetherwith all improve ments thereon, situate, lying and being in the 382nd GMD, Madison County, Georgia, and being known and des ignated as Lot 5, Gatewood Subdivision, and being more particularly shown on a plat entitled “Survey for David F. & Sharon K.Conley”, dated July 10, 1996, by Ray N. Woods, GRLS # 2049, being recorded in Plat Book 33, Page 432, in the Office of the Superior Court of Madison County, Georgia, said plat being incorporated herein by reference thereto. There is a situate on said tract a dwelling known as 127 Gatewood Drive, Colbert, GA 30628, according to the present system of numbering in Madison County, Georgia. Said tract is subject to Protective Covenants for Gatewood Subdivision as recorded in Deed Book Y-11, Page 324, Madison County, Georgia records; a sixty foot minimum build ing setback line as shown on said plat; and a Blanket Right of Way Easement for Gatewood Subdivision to Jackson Electric Membership Corporation, dated April 7, 1995, recorded in Deed Book X-11, Page 265, said records. Property known as: 127 Gatewood Drive, Colbert, GA 30628 The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured there by, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law). The property will be sold as the property of The Aforesaid Grantors subject to the fol lowing: (1) all prior restrictive cov enants, easements, rights- of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity continued on following page