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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