The Madison County journal. (Hull, Ga.) 1989-current, April 30, 2009, Image 5

Below is the OCR text representation for this newspapers page.

PAGE 4B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. APRIL 30. 2009 Public Notices gpn 11 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, convey ing the after-described prop erty to secure a Note in the original 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 fol lowing 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 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 Security Deed and 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 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 negotiate, 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 mortgage 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 confir mation 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.foreclosurehotline.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 jointly maintained county road; and on the south by property of Maureen K. O’Brien; on the west by prop erty of J.F. Green, Jr. and Audrey M. Green, and prop erty 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, togetherwith all improve ment 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 formerly as follows: on the north by lands of Osley for a distance 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 dis tance 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 par ticularly 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 here in; 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 situated 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 nonpayment of the indebtedness as and when due. The indebted ness remaining in default, this sale will be made for the pur pose of paying the same, all expenses of the sale, includ ing 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 outstand ing taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assess ments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, ease ments, rights-of-way and any other matters of record supe rior 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 confir mation 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 indebt edness secured by that cer tain Security Deed, dated February 28, 2007, executed by ROBERT T. HERSH AND KERRY DANIELLE HERSH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. recorded in Deed Book 3035, Page 405, Madison County, Georgia Deed Records, and securing a Note in the original principalamount 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 refer ence 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 limit ed to, a determination that the borrower has not reinstated the loan prior to the foreclo sure 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 redemp tion of any taxing authority, any matters which might be disclosed by an accurate sur vey 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, includ ing attorneys fees, all as pro vided in said Security Deed and the excess proceeds, if any, will be distributed as pro vided 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/1328-60T4P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Because of default in the payment of the indebtedness secured by a Security Deed executed by DON COMFORT toMORTGAGEELECTRONIC 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 transferred to HSBC Mortgage Services, Inc. by assignment, the undersigned, HSBC Mortgage Services, Inc. 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 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 description. 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 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 Don Comfort and the proceeds of said sale will be applied to the pay ment 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. 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 Georgia, Madison County Because of default in the payment of the indebt edness secured by a Security Deed executed by CLINTON A. COILE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated January 25, 2008, in the amount of $114,819.00, and recorded in Deed Book 1088, Page 160, 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 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, together with all improvements thereon, situ ate, lying and being in the 205th District, G.M., Madison County, Georgia, containing 5.00 acres, more or less, and being more particularly shown on a survey entitled Survey for Robert L. Rosemond, Jr., dated November 10, 1999, by James M. Paul, Registered Land Surveyor, and recorded in Plat Book B-82, Page 3, in the Office of the Clerk of Superior Court of Madison County, Georgia, reference to which is hereby made for a more particular description of the property herein con veyed. Together with a non-exclu- sive easement for ingress and egress along that access drive designated on the afore mentioned plat as 20 Foot Private Access Drive. This deed is given subject to all easements and restric tions of record, if any. Together with the mobile home therein originally being a 28 X 76, 1999 Legacy Homes of Legend, HL10339A which has been affixed to the above-described real estate with the intent that it become part of the real estate con veyed hereby. which has the property address of 325 Kathleen Court, Comer, 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 Clinton A. Coile 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 Clinton A. Coile Anthony DeMarlo, Attorney/ smitchell McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 08-17432 /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. (AP9,16,23,30B/1325-60) gpn11 Notice of Sale Notice of Sale Under Power By virtue of the power of sale contained in a Deed to Secure Debt by ROBERT SMITH, JR. toCITIFINANCIAL SERVICES, INC., dated August 15, 2007, and filed for record August 17, 2007, in Deed Book 1046, Page 16, Madison County, Georgia Records, and securing a Note in the original principal amount of $105,448.57, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Madison County, Georgia, between the legal hours of sale on the first Tuesday in May 2009, by CitiFinancial Services, Inc. as Attorney-in- Fact for Robert Smith, Jr. the following property to-wit: THE FOLLOWING described property: ALL THAT TRACT or parcel of land containing 0.722 of an acre, more or less, together with improvements thereon, situate, lying and being in the 382nd District GM of Madison County, Georgia, and being more particularly shown and designated as Lot 22 on plat of subdivision enti tled “Final Plat for Patterson Place” prepared by Chandler Armentrout and Roebuck, PC, Wallace Long Hambrick, Registered Surveyor, dated June 5, 1989, recorded in Plat Book 27, Page 57, Madison County Records, which plat and record are by reference incorporated herein. BEING THE SAME fee simple property conveyed by deed from Catherine Seymour f/k/a Catherine Batson to Robert Smith, Jr., dated 03/09/1999, recorded on 03/15/1999 in Book 184, Page 227, in Madison County Records, State of GA. The above described prop erty is also known as 235 Foote McClellan Road, 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 indebt edness secured thereby, this sale will be made for the pur pose of paying the same and all expenses of sale, including attorney’s fees, if applicable. The property will be sold as the property of the afore said grantor subject to the following: all prior restric tive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be dis closed by an accurate sur vey of the property or by any inspection of the property; all outstanding taxes, assess ments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable. To the best of the under signed’s knowledge and belief, possession of the sub ject property is held by Robert Smith, Jr. Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone num ber of the individual or entity who shall have the full author ity to negotiate, amend or modify all terms of the above described mortgage is as fol lows: CitiFinancial Services, Inc. Attn: Loss Mitigation Dept. 3950 Regent Blvd. MS - S2A - 286 Irving TX 75063 Telephone number: 800- 423-8158. The foregoing notwith standing, nothing in O.C.G.A. § 44-14-162.2 shall be con strued to require CitiFinancial Services, Inc. to negotiate, amend or modify the terms of the Deed to Secure Debt continued on following page Email legals to: legals @ mainstreetnews.com in microsoft word format.