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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. APRIL 30. 2009 - PAGE 7B
Public Notices Continued
under and in compliance with
the powers of sale in the
Deed to Secure Debt, will pro
ceed to sell at public outcry
for cash or certified funds to
the highest bidder in front of
the courthouse in Danielsville,
Madison County, Georgia dur
ing 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 designat
ed 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 incorpo
rated herein by reference for
a more particular description
of the above property.
The proceeds of said sale
will first be applied to the pay
ment 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 property
is in the possession of Lea
Pauline Babineau. The sale
will be subject to any out
standing and unpaid taxes,
street improvements, ease
ments and covenants appear
ing of record.
Lender, as Attorney in fact
for Lea Pauline Babineau
Alvin L. Bridges III
Blasingame, Burch, Garrard
& Ashley, P.C.
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)
gpn 11
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 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, May 5, 2009, during
the legal hours of sale, before
the Courthouse door in said
County, sell at public outcry
to the highest bidder 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 descrip
tion 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 (including taxes
which are a lien, whether or
not now due and payable),
the right of redemption of any
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, 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 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 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 property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Ervin Ross Kesterson
aka Ervin R. Kesterson, and
the proceeds of said sale will
be applied to the payment
of said indebtedness and all
the expenses of said sale,
including attorney’s fees, all
as provided in said Deed, and
the balance, if any, will be dis
tributed as provided by law.
Citigroup Global Markets
Realty Corp. as Attorney-in-
Fact for 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)
gpn 11
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 ($422,719.50)
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 fol
lowing described property:
All that tract or parcel of
land lying and being in the
438th G.M. District of Madison
County, Georgia, consist
ing 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 ordinanc
es, easements, covenants and
restrictions of record affecting
said bargained premises.
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 the Security Deed
and by law, including attor
ney’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 dis
closed by an accurate survey
and inspection of the prop
erty, any assessments, liens,
easements, encumbrances,
zoning ordinances, restric
tions, covenants, and mat
ters 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 tenants.
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)
gpn 11
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 a
Security Deed executed by
DURRELL C. BREWER to
UNION PLANTERS BANK,
N.A. now REGIONS BANK
DBA REGIONS MORTGAGE
dated September 5, 2003,
and recorded in Deed Book
620, Page 1, Madison County
Records, securing a Note in
the original principal amount
of $81,500.00, the holder
thereof pursuant to said Deed
and 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, May 5, 2009, during
the legal hours of sale, before
the Courthouse door in said
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 City
of Comer, 205th District, G.M.
of Madison County, Georgia,
and being more particularly
shown and designated as Lot
2, Phase C, Shannon’s Place
Subdivision on plat entitled
“Final Plat for Shannon’s
Place S/D, Phase C, Lots
1-4, dated February 26,
1999, by Moreland, Altobelli
Associates, Inc., Donald
Rex Jones, Registered Land
Surveyors, recorded in Plat
Book, B-42, Page 4, 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:
That certain 0.052 of an
acre, more or less, conveyed
by that certain Right of Way
Deed to Georgia Department
of Transportation, dated
March 15, 2001, recorded in
Deed Book 320, Page 151,
said county records.
Said property is known as
2710 Paoli Street, Comer,
GA 30629, together with all
fixtures 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 (including taxes
which are a lien, whether or
not now due and payable),
the right of redemption of any
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, 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 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 attorney’s
fees in accordance with the
terms of the Note secured by
said Deed.
Said property will be sold
as the property of Durrell C.
Brewer, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the pos
session of Durrell C. Brewer,
and the proceeds of said sale
will be applied to the payment
of said indebtedness and all
the expenses of said sale,
including attorney’s fees, all
as provided in said Deed, and
the balance, if any, will be dis
tributed as provided by law.
Regions Bank DBA Regions
Mortgage successor by merg
er to Union Planters Bank,
N.A. as Attorney-in-Fact for
Durrell C. Brewer
File no. 08-008660
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
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)
gpn 11
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 STAR
HOME BUILDERS, INC.
to BANK OF ATHENS, A
DIVISION OF GB&T, n/k/a
SUNTRUST BANK, dated
June 23, 2006, recorded June
29, 2006, in Deed Book 921,
Page 183, Madison County,
Georgia Records, as trans
ferred to CRM CENTRAL
PROPERTIES, LLC by
Assignment to be recorded in
the Madison County, Georgia
records, said Security Deed
being given to secure a Note
from STAR HOME BUILDERS,
INC. of even date, with inter
est from date at a rate per
cent per annum on the unpaid
balance until paid; there will
be sold by the undersigned
at public outcry to the high
est 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 fol
lowing described property:
LOT 16
All that tract or parcel of land
lying and being in GMD 382
of Madison County, Georgia,
and being designated as
Lot 16, of Hannah Heights
Subdivision, according to
that plat of survey prepared
for Pintail Partners, LLC by
Carroll Surveying, LLC, certi
fied by Stacy C. Carroll, GA
RLS, #2729, dated March
16, 2006, and recorded in
Plat Book 0B159, Pages
001A-006A, Madison County,
Georgia Records, which plat
is incorporated herein and
made a part hereof by ref
erence thereto for a more
complete description of the
property conveyed herein.
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 pursuant
to power of sale provisions
in the Deed to Secure Debt
for the purpose of paying the
same and all expenses of
this sale, as provided in the
Deed to Secure Debt and
by law, including 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 dis
closed by an accurate survey
and inspection of the prop
erty, any assessments, liens,
easements, encumbrances,
zoning ordinances, restric
tions, covenants, and mat
ters 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 STAR HOME
BUILDERS, INC. or a tenant
or tenants.
CRM CENTRAL
PROPERTIES, LLC, as attor
ney in Fact for STAR HOME
BUILDERS, INC., pursuant to
power of sale
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. SU111-0SU41
(AP9,16,23,30B/16022-5OT1P)
gpn 11
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 STAR
HOME BUILDERS, INC.
to BANK OF ATHENS, A
DIVISION OF GB&T, n/k/a
SUNTRUST BANK, dated
June 23, 2006, recorded June
29, 2006, in Deed Book 921,
Page 177, Madison County,
Georgia Records, as trans
ferred to CRM CENTRAL
PROPERTIES, LLC by
Assignment to be recorded in
the Madison County, Georgia
records, said Security Deed
being given to secure a Note
from STAR HOME BUILDERS,
INC. of even date, with inter
est from date at a rate per
cent per annum on the unpaid
balance until paid; there will
be sold by the undersigned
at public outcry to the high
est 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 fol
lowing described property:
Lot 26
All that tract or parcel of land
lying and being in GMD 382
of Madison County, Georgia,
and being designated as
Lot 26, of Hannah Heights
Subdivision, according to
that plat of survey prepared
for Pintail Partners, LLC by
Carroll Surveying, LLC, certi
fied by Stacy C. Carroll, GA
RLS, #2729, dated March
16, 2006, and recorded in
Plat Book 0B159, Pages
001A-006A, Madison County,
Georgia Records, which plat
is incorporated herein and
made a part hereof by ref
erence thereto for a more
complete description of the
property conveyed herein.
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 pursuant
to power of sale provisions
in the Deed to Secure Debt
for the purpose of paying the
same and all expenses of
this sale, as provided in the
Deed to Secure Debt and
by law, including 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 dis
closed by an accurate survey
and inspection of the prop
erty, any assessments, liens,
easements, encumbrances,
zoning ordinances, restric
tions, covenants, and mat
ters 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 STAR HOME
BUILDERS, INC. or a tenant
or tenants.
CRM CENTRAL
PROPERTIES, LLC, as attor
ney in Fact for STAR HOME
BUILDERS, INC., pursuant to
power of sale
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. SU111-0SU45
(AP9,16,23,30B/16022-50T1P)
gpn 11
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 STAR
HOME BUILDERS, INC.
to BANK OF ATHENS, A
DIVISION OF GB&T, n/k/a
SUNTRUST BANK, dated
June 23, 2006, recorded June
29, 2006, in Deed Book 921,
Page 219, Madison County,
Georgia Records, as trans
ferred to CRM CENTRAL
PROPERTIES, LLC by
Assignment to be recorded in
the Madison County, Georgia
records, said Security Deed
being given to secure a Note
from STAR HOME BUILDERS,
INC. of even date, with inter
est from date at a rate per
cent per annum on the unpaid
balance until paid; there will
be sold by the undersigned
at public outcry to the high
est 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 fol
lowing described property:
LOT 25
All that tract or parcel of land
lying and being in GMD 382
of Madison County, Georgia,
and being designated as
Lot 25, of Hannah Heights
Subdivision, according to
that plat of survey prepared
for Pintail Partners, LLC by
Carroll Surveying, LLC, certi
fied by Stacy C. Carroll, GA
RLS, #2729, dated March
16, 2006, and recorded in
Plat Book 0B159, Pages
001A-006A, Madison County,
Georgia Records, which plat
is incorporated herein and
made a part hereof by ref
erence thereto for a more
complete description of the
property conveyed herein.
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 pursuant
to power of sale provisions
in the Deed to Secure Debt
for the purpose of paying the
same and all expenses of
this sale, as provided in the
Deed to Secure Debt and
by law, including 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 dis
closed by an accurate survey
and inspection of the prop
erty, any assessments, liens,
easements, encumbrances,
zoning ordinances, restric
tions, covenants, and mat
ters 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 STAR HOME
BUILDERS, INC. or a tenant
or tenants.
CRM CENTRAL
PROPERTIES, LLC,
as attorney in Fact for STAR
HOME BUILDERS, INC., pur
suant to power of sale
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. SU111-0SU44
(AP9,16,23,30B/16022-5OT1P)
gpn 11
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 STAR
HOME BUILDERS, INC.
to BANK OF ATHENS, A
DIVISION OF GB&T, n/k/a
SUNTRUST BANK, dated
June 23, 2006, recorded June
29, 2006, in Deed Book 921,
Page 189, Madison County,
Georgia Records, as trans
ferred to CRM CENTRAL
PROPERTIES, LLC by
Assignment to be recorded in
the Madison County, Georgia
records, said Security Deed
being given to secure a Note
from STAR HOME BUILDERS,
INC. of even date, with inter
est from date at a rate per
cent per annum on the unpaid
balance until paid; there will
be sold by the undersigned
at public outcry to the high
est 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 fol
lowing described property:
LOT 17
All that tract or parcel of land
lying and being in GMD 382
of Madison County, Georgia,
and being designated as
Lot 17, of Hannah Heights
Subdivision, according to
that plat of survey prepared
for Pintail Partners, LLC by
Carroll Surveying, LLC, certi
fied by Stacy C. Carroll, GA
RLS, #2729, dated March
16, 2006, and recorded in
Plat Book 0B159, Pages
001A-006A, Madison County,
Georgia Records, which plat
is incorporated herein and
made a part hereof by ref
erence thereto for a more
complete description of the
property conveyed herein.
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other
continued on following page