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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. APRIL 30. 2009 - PAGE 5B Public Notices Continued described herein. CitiFinancial Services, Inc. as Attorney-in-Fact for Robert Smith, Jr. SHUPING, MORSE & ROSS, LLP By: S. Andrew Shuping, Jr. S. Andrew Shuping, Jr. 6259 Riverdale Road, Suite 100 Riverdale, Georgia 30274- 1698 (770) 991-0000 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/119-60) gpn 11 Notice of Sale Notice of Sale Under Power in Security Deed State of Georgia County of Madison On September 3, 2005, JOSH SCARBOROUGH executed a Deed to Secure Debt With Power of Sale to MERCHANTS & FARMERS BANK securing a note of even date in the amount of TWENTY THREE THOUSAND NINE HUNDRED SIXTY-ONE AND 90/100 DOLLARS ($23,961.90), said security deed being recorded in Deed Book 834, Pages 216-220, Madison County Records. Said security deed conveyed the property hereinafter described. By virtue of the power of sale contained in said security deed to Merchants & Farmers Bank there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Madison County, Georgia, during the legal hours of sale, being 10 a m. until 4 p.m. Eastern Time, on the first Tuesday in May, the same being May 5, 2009, the following described property: All that tract or parcel of land containing 1.66 acres, more or less, lying and being in the 383rd GMD, Madison County, Georgia. Said tract bounded now or formerly on the north by Buford Carey; on the east by Buford Carey; on the south by Buford Carey and on the west by Buford Carey. Said tract of land is par ticularly shown and delineat ed on a plat prepared by John H. Wood, Jr., County Surveyor, dated March 29, 1978, recorded in Plat Book 18, Page 429, Madison County Records, which plat and record are by reference incorporated herein. There is also conveyed herewith a right of way, same being an easement of perpe tuity and running with the land for the purposes of ingress, egress and utilities, over through and across lands of Buford Carey, and particu larly shown and designated on the above referenced plat of record, which plat of record, which plat and record of easement is by reference incorporated herein. The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and secu rity deed. The debt having been declared due and pay able and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale. Said property will be sold as the property of Josh Scarborough and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale. To the best knowledge and belief of the undersigned, equitable title to said prop erty is now held by Josh Scarborough. The entity with full authority to negotiate, amend and mod ify all terms of the mortgage with Debtors is Merchants & Farmers Bank, P.O. Box 95, Comer, Georgia 30629, Phone Number 706-783-5161. The undersigned will exe cute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Merchants & Farmers Bank. Dated this 30th day of March, 2009. Merchants & Farmers Bank Attorney-in-fact for Josh Scarborough Brian C. Ranck P. O. Box 1005 Toccoa, GA 30577 706-886-7533 Attorney for Merchants & Farmers Bank (AP9,16,23,30P4) 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 EDMUND PORTERFIELD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 22, 2001, in the amount of $65,000.00, and recorded in Deed Book 350, Page 182, 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, togetherwith all improve ments thereon, containing 2.66 acres, more or less, lying and being in the 383rd District, G.M. of Madison County, Georgia, and desig nated as Lot 3B of Block E on plat of survey prepared by Cornerstone Land Surveying, James R. Smith, Georgia Registered Land Surveying, being entitled Plat for Turtle Creek Subdivision, recorded in Plat Book 31, Page 18, in the Office of the Clerk of the Superior Court of Madison County, Georgia, which plat and recording thereof are incorporated herein by refer ence for a more particular description of the property. which has the property address of 175 Turtle Creek Lane, 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 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 Edmund Porterfield 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 Edmund Porterfield Anthony DeMarlo, Attorney/ cyeats McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-06422 /FNMA 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 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 RANDALL DAVIS SPENCE and MELINDA SPENCE to H&R BLOCK MORTGAGE CORPORATION, dated August 25, 2003, recorded in Deed Book 1047, Page 76, Madison County, Georgia Records, as last transferred to HSBC Bank USA, National Association as T rustee for AC E Securities Corp. Home Equity Loan Trust, Series 2003-OP1 Asset Backed Pass-Through Certificates 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 TWO HUNDRED TWENTY-FOUR THOUSAND AND 0/100 DOLLARS ($224,000.00), 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: Parcel One All that tract or parcel of land, togetherwith all improve ments thereon, situate, lying and being in the 204th District, G.M. of Madison County, Georgia, containing 3.71 acres, more or less, and having such shape, metes, corners, and distance as more particularly shown on a survey entitled “Survey for Randy Spence,” dated July 21, 1997, by Dean H. Teasley, Registered Land Surveyor, and recorded in Plat Book 35, Page 33, in the Office of the Clerk of Superior Court of Madison County, Georgia which said plat and the record thereof are by reference incor porated herein. Parcel Two All that tract or parcel of land situate, lying and being in the 204th District, G.M. of Madison County, Georgia, containing 5.00 acres, more or less, lying on the westerly side of U.S Highway No. 29 and being more particularly shown and described as 5.00 acres according to that certain plat entitled “Survey For Lee Watson” dated July 26, 1997, prepared by Dean H. Teasley, Registered Land Surveyor, and recorded at Plat Book 39, Page 170, in the Office of the Clerk of Superior Court of Madison County, Georgia, which said plat and the record thereof by reference incorpo rated herein. 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). American Home Mortgage Servicing Inc. can be con tacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. 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. To the best knowledge and belief of the undersigned, the party in possession of the property is Randall Davis Spence and Melinda Spence or a tenant or tenants and said property is more com monly known as 2063 Hwy. 29 North, Danielsville, Georgia 30633. 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. HSBC Bank USA, National Association as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1 Asset Backed Pass-Through Certificates as Attorney in Fact for Randall Davis Spence and Melinda Spence Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.msplaw.com/foreclo- sure_sales.asp MSP/akO 5/5/09 Our file no. 1259507-FT1 (AP9,16,23,30B/12062-70T1P) 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 HERBERT WATKINS to WELLS FARGO HOME MORTGAGE INC., dated July 2, 2003, recorded in Deed Book 606, Page 127, Madison County, Georgia Records, conveying the after- described property to secure a Note in the original principal amount of ONE HUNDRED THOUSANDNINEHUNDRED FORTY-ONE AND 0/100 DOLLARS ($100,941.00), 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: 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 property is Herbert Watkins or a tenant or tenants and said property is more commonly known as 195 Bedford Drive, 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, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for Herbert Watkins McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/car 5/5/09 Our file no. 52870706-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, on the southeasterly side of Bedford Drive, and being particularly shown and designated as Lot No. 10, Block “A”, Windsor Heights Subdivision, on a plat prepared by Sherald G. Sharp, Registered Surveyor, dated June 29, 1983, entitled “Survey for Leslie E. Sorrow and Virginia P. Sorrow” recorded in Plat Book 20, Page 501, in the Office of the Clerk, Superior Court, Madison County, Georgia ref erence being hereby made to said plat for a more complete description of the property herein conveyed. (AP9,16,23,30B/12062-60T1P) 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 TIFFANY S. ALEWINE, NICHOLAS J. FLORES, FLOYD P. ALEWINE and CRYSTAL P. ALEWINE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 29, 2006, recorded in Deed Book 900, Page 98, Madison County, Georgia Records, as last transferred to Wells Fargo Bank, NA 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 original principal amount of ONE HUNDRED TWENTY-NINE THOUSAND TWO HUNDRED NINETY- FIVE AND 0/100 DOLLARS ($129,295.00), with inter est 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 EXHIBIT AATTACHED 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: 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 property is Tiffany S. Alewine, Nicholas J. Flores, Floyd P. Alewine and Crystal P. Alewine or a tenant or tenants and said property is more commonly known as 41 Rose Hill Drive, Athens, Georgia 30601. 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, NA as Attorney in Fact for Tiffany S. Alewine, Nicholas J. Flores, Floyd P. Alewine and Crystal P. Alewine McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/car 5/5/09 Our file no. 5327609-FT5 EXHIBIT A 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, and being known and designated as Lot A-1, Rose Hill Subdivision, and being more particular ly shown on a survey enti tled “Survey for: Rose Hill Subdivision”, dated August 3, 2001, by Brett Chandler & Associates, Registered Land Surveyor, and recorded in Plat Book B-78, Page 2, 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 properties herein con veyed. (AP9,16,23,30B/12062-70T1P) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Madison By virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale from CARL I. ROBERTSON to BRANCH BANKING & TRUST COMPANY as successor to Main Street Bank, dated April 18, 2001, and recorded in Deed Book 341, Page 17, MADISON County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original princi pal sum of SIXTYTHOUSAND TWO HUNDRED SIXTY SIX AND NO/100 DOLLARS ($60,266.00) with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at MADISON County, Georgia, within the legal hours of sale on Tuesday, May 5, 2009, the property described on Exhibit “A” attached hereto and incor porated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees. 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 prop erty, any assessments, liens, encumbrances, zoning ordi nances, restrictions, ease ments, covenants, and mat ters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the fore closure sale contemplated by this Notice. To the best knowledge and belief of the undersigned, the Party in possession of the property is Carl I. Robertson, or a tenant or tenants, and said property is more com monly known 2143 Hwy. 106 N, Danielsville, MADISON County, Georgia 30633. However, please rely only on the metes and bounds legal description contained in this notice for the location of the property. Branch Banking & Trust Company Attorney in Fact for Carl I. Robertson Martin G. Quirk, Esq. Quirk & Quirk, LLC 6000 Lake Forrest Drive Suite 325 Atlanta, Georgia 30328 (404) 252-1425 EXHIBIT “A” ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in 282nd District, G.M., Madison County, Georgia designated as Tract 1, encompassing O. 704 acres, more or less, as shown on a plat of sur vey entitled “Survey for Paula M. James,” by Paul & Evans Land Surveying, Inc., certi fied by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated October 22, 1999 and being of record in the Office of the Clerk of the Superior Court for Madison County, Georgia in Plat Book 16, Page 592, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. Also conveyed is a 40’ road easement for ingress and egress as shown on the above referenced plat of survey. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the real property. This property is more par ticularly described as fol lows: Beginning as a point on the west side of Georgia Hwy. 106, which point is 0.15 mile from the intersection of Georgia Hwy. 106 and Wesley Chapel Road, running thence south 85 degrees 17 minutes 00 seconds west 209.0 to an iron pin; running thence south 58 degrees 27 minutes 00 seconds west 139.94 feet to a point which is the TRUE POINT OF BEGINNING; run- continued on following page