Newspaper Page Text
PAGE 6B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. APRIL 16. 2009
Public Notices Continued
ordinances, restrictions, cov
enants, 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 under
stand that the secured credi
tor 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 property 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 con
firmation 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. foreclosure hotline,
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, containing
3.85 acres on the easterly
side of U.S. Highway 29,
and being more particularly
described on a plat of survey
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 incorpo
rated herein by reference for
a more particular descrip
tion.
(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 pur
suant 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 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 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
provided in the aforemen
tioned 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 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 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 ordi
nances, easements and
restrictions of record affecting
said bargained premises.
Parcel ID #: H001-
016-A04
which has the proper
ty address of 200 Hidden
Falls Court, Hull, 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 Phyllis M.
Roberts 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.
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 cer
tain 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 indebted
ness secured by the Deed to
Secure Debt due and payable
and, in compliance with the
power of sale provisions con
tained in said security 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
contained 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 Madison
County, during the legal
hours of sale, on the 5th day
of May, 2009, the following-
described property conveyed
in the Deed to Secure Debt,
to Wit:
All that tract or parcel
of land, together with all
improvements thereon,
situate, lying and being in
the 382nd District, G.M.,
Madison County, Georgia,
and being known and des
ignated as Lot 5, Pine Ridge
Subdivision, and being more
particularly shown on a sur
vey 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 descrip
tion 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 rejection 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
thereof. 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
promissory note, dated
June 10, 1996, in the prin
cipal 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 fur
ther 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 pay
able 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 payable because of,
among other possible events
of default, nonpayment of
periodic payments of princi
pal 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 during 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
designated 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 incorporated here
in by reference for a more
particular description of the
above property.
The proceeds of said sale
will first be applied to the
payment 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 prop
erty is in the possession of
Lea Pauline Babineau. The
sale will be subject to any
outstanding and unpaid
taxes, street improvements,
easements and covenants
appearing 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 there
by secured has declared
the entire amount of said
indebtedness due and pay
able and, pursuant to the
power of sale contained in
said Deed, will on the first
Tuesday, May 5, 2009, dur
ing the legal hours of sale,
before the Courthouse door
in said County, sell at public
outcry to the highest bid
der 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
description 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 (includ
ing taxes which are a lien,
whether or not now due and
payable), the right of redemp
tion of any taxing author
ity, 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 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 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 prop
erty, to the best information,
knowledge and belief of the
undersigned, being presently
in the possession of Ervin
Ross Kesterson aka Ervin R.
Kesterson, and the proceeds
of said sale will be applied to
the payment of said indebt
edness and all the expenses
of said sale, including attor
ney’s fees, all as provided in
said Deed, and the balance,
if any, will be distributed as
provided by law.
Citigroup Global Markets
Realty Corp. as Attorney-in-
Factfor 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 following described prop
erty:
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 survey 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 description of
the property.
This conveyance is made
subject to all zoning ordi
nances, easements, cov
enants and restrictions of
record affecting said bar
gained premises.
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 the Security
Deed and by law, includ
ing attorney’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
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, easements, encum
brances, zoning ordinances,
restrictions, covenants, 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 ten
ants.
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)
Please Read,
then Recycle this
Newspaper.
continued on following page