Newspaper Page Text
PAGE 6B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. APRIL 30. 2009
Public Notices Continued
ning thence south 04 degrees
14 minutes 55 seconds east
188.42 feet to a point; run
ning thence south 74 degrees
45 minutes 15 seconds east
134.49 feet to a iron pin; run
ning thence south 26 degrees
11 minutes 50 seconds east
86.81 feet to an iron pin; run
ning thence south 84 degrees
56 minutes 25 seconds west
212.53 feet to an iron pin; run
ning thence north 04 degrees
14 minutes 55 seconds west
289.33 feet to an iron pin; run
ning thence north 58 degrees
27 minutes 00 seconds east
59.98 feet to THE TRUE
POINT OF BEGINNING.
(AP9,16,23,30P4)
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Notice of Sale
Advertisement of Sale Under
Power of Sale in Deed
to Secure Debt
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in
those certain Deed to Secure
Debt (the “Security Deed”)
from BART W. SMITH to
NORTHEAST GEORGIA
BANK, dated July 6,2007, and
recorded on July 11, 2007, in
Deed Book 1034, Page 227,
records of Madison County,
Georgia; the Security Deed
secures a Note dated July 23,
2008, in the original principal
amount of $99,206.96, plus
interest; there will be sold
by the under-signed at public
outcry to the highest and best
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 property
and improvements, to wit:
DESCRIPTION
All that tract or parcel of
land lying and being in the
203rd District, G.M., Madison
County, Georgia, and being
that 3.21 acres, more or
less, designated as Lot #3,
as more particularly shown
on a plat of survey prepared
for Deerwood Estates by
Piedmont Surveying Co.,
Registered Surveyor, dated
October 11, 1996, recorded
in Plat Book 32, Page 181, in
the Office of the Clerk of the
Superior Court of Madison
County, Georgia and incor
porated herein and made a
part hereof by reference for a
more detailed description.
Also conveyed is a 1999
Palm Harbor Mobile Home,
Serial Number PH 163781 A&B,
which is permanently attached
to and made a part of the real
property.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of said loan. The
debt 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
as the property of BART W.
SMITH and/or ROBIN J.
SMITH, and subject to the
outstanding ad valorem taxes
and/or assignments if any,
and further subject to the out
standing balances of all liens
superior to the Security Deed,
if any.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by BART
W. SMITH and/or ROBIN J.
SMITH.
NORTHEAST GEORGIA
BANK
By:
As Attorney-in-fact for: Bart
W. Smith
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(AP9,15,23,30PR)
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 con
tained in a Security Deed
given by JENNINGS T.
LIMEHOUSE and SHANNON
T. LIMEHOUSE to WELLS
FARGO HOME MORTGAGE,
INC., dated February 11,
2004, recorded in Deed Book
666, Page 209, Madison
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of TWO HUNDRED THREE
THOUSAND AND 0/100
DOLLARS ($203,000.00),
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:
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 Jennings T. Limehouse
and Shannon T. Limehouse or
a tenant or tenants and said
property is more commonly
known as 100 Coley Davis
Rd., 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.
Wells Fargo Bank, NA as
Attorney in Fact for Jennings
T. Limehouse and Shannon T.
Limehouse
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/car 5/5/09
Our file no. 5670009-FT5
EXHIBIT A
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
204th District, G.M., Madison
County, Georgia, containing
10.74 acres more or less, and
being more particularly shown
on a survey entitled “Survey
for Michael L. Brooks”, dated
September 25, 1975, by John
H. Wood, Jr., Registered
Land Surveyor, and recorded
in Plat Book 17, Page 316, 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 con
veyed.
Less and except: All that
lot or parcel of land lying and
being in the 204th District,
G.M., Madison County,
Georgia, containing 0.64 of
an acre, more or less, and
being a portion of County
Road No. 185 known as the
Coley-Davis Road;
Less and except: All that
lot or parcel of land lying and
being in the 204th District,
G.M., Madison County,
Georgia, containing 0.44 of
an acre, more or less, and
being a portion of County
Road No., 186 known as the
Coley-Davis Road.
(AP9,16,23 : 30B/12062-70T1P)
Buckle Up Georgia.
It’s a Law
We Can Live with.
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
CLARK E. RODEKUHR to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated November 13,
2007, recorded in Deed Book
1067, Page 1, Madison County,
Georgia Records, as last
transferred to PHH Mortgage
Corporation 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
THIRTY-NINE THOUSAND
NINE HUNDRED AND 0/100
DOLLARS ($139,900.00),
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: PHH Mortgage
Corporation, Mailstop SV01,
4001 Leadenhall Rd, Mount
Laurel, NJ 08054, 800-750-
2518. 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 Clark E. Rodekuhr
or a tenant or tenants and
said property is more com
monly known as 55 Rose
Hill Court, 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.
PHH Mortgage Corporation
as Attorney in Fact for Clark
E. Rodekuhr
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/akO 5/5/09
Our file no. 5817709-FT1
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-8, Rose Hill Subdivision, and
being more particularly shown
on a survey entitled “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 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
MELISAD. CULBERSON and
DAVID M. CULBERSON to
WASHTENAW MORTGAGE
COMPANY, dated August
19, 1996, recorded in Deed
Book 31, Page 40, Madison
County, Georgia Records, as
last transferred to Wells Fargo
Bank, N.A. 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 EIGHTY-EIGHT
THOUSAND AND 0/100
DOLLARS ($88,000.00), 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:
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 particu
lar description.
(AP9,16.23.30B/12062-60T1P)
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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 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 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)
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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 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 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, 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
continued on following page