Newspaper Page Text
PAGE 6B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. MAY 7. 2009
Public Notices Continued
south 80 degrees 15 minutes
26 seconds west 162.72 feet;
south 64 degrees 19 minutes
23 seconds west 177.95 feet;
south 50 degrees 19 minutes
50 seconds west 184.24 feet;
thence leaving the center line
of said creek, running thence
south 79 degrees 19 minutes
07 seconds east 3,006.20
feet to an iron pin set; run
ning thence north 13 degrees
43 minutes 07 seconds west
131.67 feet to an iron pin set
on the southwesterly right of
way of Georgia Highway No.
106 (100 foot right of way),
which point of 0.40 miles
southeasterly, as measured
along said right of way, from
its intersection with the south
erly right of way of Alvin Fort
Lamar Road; running thence
generally southeasterly along
the southwesterly right of way
Georgia Highway No. 106
the following courses and
distances: south 41 degrees
39 minutes 51 seconds east
147.92 feet; south 54 degrees
09 minutes 30 seconds east
177.01 feet; south 67 degrees
20 minutes 46 seconds east
171.08 feet; south 78 degrees
11 minutes 47 seconds east
168.45 feet; south 80 degrees
34 minutes 37 seconds east
186.34 feet; south 80 degrees
44 minutes 26 seconds East
168.45 feet; south 78 degrees
02 minutes 45 seconds east
170.27 feet; south 70 degrees
33 minutes 29 seconds 84.02
feet; south 62 degrees 59
minutes 49 seconds east
161.36 feet; south 53 degrees
11 minutes 17 seconds east
158.81 feet; south 42 degrees
54 minutes 33 seconds east
172.16 feet; south 33 degrees
39 minutes 01 seconds east
125.33 feet; south 23 degrees
58 minutes 16 seconds east
156.71 feet; south 14 degrees
05 minutes 34 seconds east
165.66 feet; south 05 degrees
04 minutes 54 seconds east
101.01 feet south 01 degrees
15 minutes 24 seconds west
100.69 feet; south 06 degrees
22 minutes 11 seconds west
60.69 feet to an iron pin set
at the true TRUE POINT OF
BEGINNING; from the TRUE
POINT OF BEGINNING thus
established, running thence
north 82 degrees 54 minutes
51 seconds west 1,332.03 feet
to a rock pile at nail found/ run
ning thence south 13 degrees
29 minutes 59 seconds west
1,241.39 feet to an iron pin
set; running thence north 81
degrees 51 minutes 37 sec
onds west 251.02 feet to a 8”
hickory tree; running thence
south 23 degrees 24 minutes
52 seconds west 458.73 feet
to an iron pin set; running
thence south 78 degrees 05
minutes 08 seconds east
200.06 feet to an iron pin
found; running thence south
79 degrees 02 minutes 04
seconds east 339.99 feet to an
iron pin found; running thence
south 40 degrees 33 minutes
33 seconds east 164.94 feet
to an iron pin found; running
thence south 45 degrees 31
minutes 46 seconds east
175.54 feet to an iron pin
found; running thence; run
ning thence south 42 degrees
59 minutes 54 seconds east
209.25 feet to an iron pin
found; running thence south
52 degrees 32 minutes 46
seconds east 99.19 feet to an
iron pin found; running thence
south 60 degrees 58 minutes
50 seconds east 91.01 feet
to an iron pin found; running
thence south 83 degrees 57
minutes 07 seconds east
193.82 feet to an iron pin
found; running thence south
85 degrees 56 minutes 05
seconds east 74.84 feet to an
iron pin set; running thence
north 13 degrees 36 minutes
23 seconds east 134.64 feet
to an iron pin set; running
thence south 86 degrees 23
minutes 37 seconds east
339.36 feet to an iron pin
set on the westerly right of
way of Georgia Highway No.
106; running thence north 14
degrees 42 minutes 30 sec
onds east 97.44 feet along
said westerly right of way; run
ning thence north 12 degrees
23 minutes 41 seconds east
146.90 feet along said wester
ly right of way; running thence
north 09 degrees 40 minutes
51 seconds east 1,430.17 feet
along the said right of way to a
point; running thence north 08
degrees 15 minutes 49 sec
onds east 311.89 feet along
said right of way to an iron
pin set at the TRUE POINT
OF BEGINNING; being a
tract of 66.18 acres desig
nated as Tract No. 4 of sur
vey for Charles C. Dinsmore
by Slate & Assoc., Inc, dated
February 21, 1997, last
revised September 12, 2005
(the “Land”).
Together with all buildings,
structures and improvements
of every nature whatsoever
now or hereafter situated on
the Land, and all gas and
electric fixtures, radiators,
heaters, engines and machin
ery, boilers, ranges, elevators
and motors, plumbing and
heating fixtures, carpeting
and other floor coverings, fire
extinguishers and any other
safety equipment required by
governmental regulation or
law, washers, dryers, water
heaters, mirrors, mantels, air
conditioning apparatus, refrig
erating plants, refrigerators,
cooking apparatus and appur
tenances, window screens,
awnings and storm sashes,
owned by Grantor and attached
to said buildings, structures or
improvements and all other
furnishings, furniture, fixtures,
machinery, equipment, appli
ances, vehicles, building sup
plies and materials, books and
records, chattels, inventory,
accounts, farm products, con
sumer goods, general intan
gibles and personal proper
ty of every kind and nature
whatsoever now or hereafter
owned by Grantor and located
in, on or about, or use or
intended to be used with or
in connection with the use,
operation or enjoyment of the
Land, including all extensions,
additions, improvements, bet
terments, after-acquired prop
erty, renewals, replacements
and substitutions, or proceeds
from a permitted sale of any of
the foregoing, and all the right,
title and interest of Grantor in
any such furnishings, furniture,
fixtures, machinery, equip
ment, appliances, vehicles
and personal property subject
to or covered by any prior
security agreement, condition
al sales contract, chattel mort
gage or similar lien or claim,
together with the benefit of
any deposits or payments now
or hereafter made by Grantor
or on behalf of Grantor, all
trade-names, trademarks, ser
vicemarks, logos and goodwill
related thereto which in any
way now or hereafter belong,
relate or appertain to the Land
or any part thereof or are
now or hereafter acquired by
Grantor; and all inventory,
accounts, chattel paper, docu
ments, equipment, fixtures,
farm products, consumer
goods and general intangibles
constituting proceeds acquired
with cash proceeds of any of
the property described herein
above, all of which are hereby
declared and shall be deemed
to be fixtures and accessions
to the Land and a part of
the Land as between the par
ties hereto and all persons
claiming by, through or under
them, and which shall be
deemed to be a portion of the
security for the indebtedness
herein described and to be
secured by the Security Deed.
The location of the above
described collateral is also the
location of the Land.
Together with all easements,
rights-of-way, strips and gores
of land, vaults, streets, ways,
alleys, passages, sewer rights,
waters, water courses, water
rights and powers, minerals,
flowers, shrubs, crops, trees,
timber and other emblements
now or hereafter located on
the Land or under or above
the same or any part or par
cel thereof, and all estates,
rights, titles, interests, privi
leges, liberties, tenements,
hereditaments and appurte
nances, reversion and rever
sions, remainder and remain
ders, whatsoever, in any way
belonging, relating or apper
taining to the Land or any part
thereof, or which hereafter
shall in any way belong, relate
or be appurtenant thereto,
whether now owned or here
after acquired by Grantor.
Together with all income,
rents, issues, profits and rev
enues of the Land from time
to time accruing (including
without limitation all payments
under leases or tenancies,
proceeds of insurance, con
demnation payments, tenant
security deposits whether
held by Grantor or in a trust
account, and escrow funds),
and all the estate, right, title,
interest, property, possession,
claim and demand whatso
ever at law, as well as in
equity, or Grantor of, in and to
the same.
The indebtedness evi
denced by the Notes is due
and payable and remains
unpaid. The Security Deed
therefore has become and is
now foreclosable according to
its terms. Accordingly, the
Premises will be sold at public
outcry pursuant to the terms of
the power of sale provided in
the Security Deed.
The Premises will be sold on
an “as is, where is” basis with
out recourse against Lender
and without representation or
warranty of any kind or nature
whatsoever by Lender with
respect thereto.
The proceeds of the sale
are to be applied first to the
expenses of the sale and all
proceedings in connection
therewith, including attorneys’
fees (notice of intention to
collect attorneys’ fees hav
ing been given), then to the
payment of all sums secured
by the Security Deed, and
the remainder, if any, will be
paid to the person or persons
legally entitled thereto, all as
provided in the Notes and
Security Deed. The Premises
shall be sold as the property of
Grantor, subject to all restric
tions, easements and other
matters of record that are prior
to the Security Deeds and to
which the Security Deed is
subject and to any unpaid city,
county and state ad valorem
taxes or assessments relating
to the Premises.
To the best of the under
signed’s knowledge and belief,
the owner of the Premises is
the Grantor and the party or
parties in possession of the
Premises is the Grantor or
tenants of the Grantor.
GEORGIAN BANK As
Attorney-in-Fact for CHARLES
C. DINSMORE
James M. Ottley, Esq.
Morris, Manning & Martin,
L.L.P.
1600 Atlanta Financial
Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY7,14,21,28P4)
gpn11
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 i) that certain Deed to
Secure Debt and Security
Agreement from CHARLES
C. DINSMORE (the “Grantor”)
to and in favor of GEORGIAN
BANK (the “Lender”) dated
November 8, 2005, filed for
record November 21, 2005,
and recorded in Deed Book
00859, Pages 0050-0068,
Madison County, Georgia
Records, as modified by that
certain Modification of Note
and Deed to Secure Debt
by and between Grantor
and Lender dated May 23,
2007, filed for record July 3,
2007, and recorded in Deed
Book 01033, Pages 0001-
0003, aforesaid records (the
“First Modification”), as fur
ther modified by that certain
Loan Modification Agreement
by and between Grantor,
Earth Resources, Inc.
(“ERI”), Dinsmore Grading,
Inc. (“Grading”), and Lender,
dated August 28, 2007, filed
for record October 1, 2007,
and recorded in Deed Book
01056, Pages 0092-0107,
aforesaid records (the “Second
Modification”) as further modi
fied by that certain Corrective
Modification Agreement by
and between Grantor and
Lender dated March 28, 2008,
filed for record June 2, 2008,
and recorded in Deed Book
01114, Pages 0010-0011,
aforesaid records, re-recorded
August 1, 2008, and recorded
in Deed Book 01126, Pages
0204-0205, aforesaid records
(the “Third Modification”)
(as modified, the “Security
Deed”); securing i) that cer
tain renewal Promissory Note
from Grantor to and in favor
of Lender dated March 28,
2008 in the original principal
sum of TWO MILLION FIVE
HUNDRED TWO THOUSAND
TWO HUNDRED SEVENTY-
FOUR AND 00/100 DOLLARS
($2,502,274.00); ii) that cer
tain renewal Promissory Note
from Grantor to and in favor of
Lender dated March 28, 2009
in the original principal sum of
TWO HUNDREDTHOUSAND
AND 00/100 DOLLARS
($200,000.00); iii) that certain
renewal Promissory Note from
Grantor to and in favor of
Lender dated March 28, 2008
in the original principal sum of
SIX HUNDRED THOUSAND
AND 00/100 DOLLARS
($600,000.00); iv) that cer
tain renewal Promissory Note
from Grantor to and in favor
of Lender dated March 28,
2008 in the original princi
pal sum of TWO MILLION
THREE HUNDRED TWENTY-
FIVE THOUSAND FORTY-
SIX AND 00/100 DOLLARS
($2,325,046.00); and v) that
certain renewal Promissory
Note from ERI to and in favor
of Lender dated March 28,
2008 in the original principal
sum of TWO MILLION ONE
HUNDRED FORTY-FIVE
THOUSAND AND 00/100
DOLLARS ($2,145,000.00)
(collectively, the “Notes”);
there will be sold at public out
cry by Lender as attorney-in-
fact of Grantor to the highest
bidder for cash between the
legal hours for sale before the
Courthouse door in Madison
County, Georgia, on the first
Tuesday in June, 2009, the
following described land,
improvements and appur
tenances (hereinafter col
lectively referred to as the
“Premises”) to wit:
Parcel One:
ALL that tract or parcel of
land situate, lying and being
in the 203rd GMD, Madison
County, Georgia, being
649.526 acres, more or less,
together with all improve
ments thereon, on the waters
of South Fork Broad River and
Broad River, and being more
particularly shown and des
ignated on a plat prepared
by Carroll Surveying, LLC,
Stacy C. Carroll, Registered
Surveyor, dated September
11, 2003, recorded in Plat
Book B115, pages 6A and
7A, Madison County Records,
which plat is incorporated
herein and made a part hereof
by reference.
Parcel Two:
ALL that tract or parcel of
land situate, lying and being
in the 203rd GMD, Madison
County, Georgia, being
159.792 acres, more or less,
together with all improvements
thereon, on the waters of Broad
River, and being more particu
larly shown and designated
on a plat prepared by Carroll
Surveying, LLC, Stacy C.
Carroll, Registered Surveyor,
dated September 11, 2003,
recorded in Plat Book B115,
pages 6A and 7A, Madison
County Records, which plat is
incorporated herein and made
a part hereof by reference (the
“Land”).
Together with all buildings,
structures and improvements
of every nature whatsoever
now or hereafter situated on
the Land, and all gas and
electric fixtures, radiators,
heaters, engines and machin
ery, boilers, ranges, elevators
and motors, plumbing and
heating fixtures, carpeting
and other floor coverings, fire
extinguishers and any other
safety equipment required by
governmental regulation or
law, washers, dryers, water
heaters, mirrors, mantels,
air conditioning apparatus,
refrigerating plants, refrig
erators, cooking apparatus
and appurtenances, window
screens, awnings and storm
sashes, which are owned
by Grantor and attached to
said buildings, structures or
improvements and all other
furnishings, furniture, fixtures,
machinery, equipment, appli
ances, vehicles, building sup
plies and materials, books and
records, chattels, inventory,
accounts, farm products, con
sumer goods, general intan
gibles and personal proper
ty of every kind and nature
whatsoever now or hereafter
owned by Grantor and located
in, on or about, or use or
intended to be used with or
in connection with the use,
operation or enjoyment of the
Land, including all extensions,
additions, improvements, bet
terments, after-acquired prop
erty, renewals, replacements
and substitutions, or proceeds
from a permitted sale of any of
the foregoing, and all the right,
title and interest of Grantor in
any such furnishings, furniture,
fixtures, machinery, equip
ment, appliances, vehicles
and personal property subject
to or covered by any prior
security agreement, condition
al sales contract, chattel mort
gage or similar lien or claim,
together with the benefit of
any deposits or payments now
or hereafter mad by Grantor
or on behalf of Grantor, all
trade-names, trademarks, ser
vicemarks, logos and goodwill
related thereto which in any
way now or hereafter belong,
relate or appertain to the Land
or any part thereof or are
now or hereafter acquired by
Grantor; and all inventory,
accounts, chattel paper, docu
ments, equipment, fixtures,
farm products, consumer
goods and general intangibles
constituting proceeds acquired
with cash proceeds of any of
the property described herein
above, all of which are hereby
declared and shall be deemed
to be fixtures and accessions
to the Land as between the
parties hereto and all persons
claiming by, through or under
them, and which shall be
deemed to be a portion of the
security for the indebtedness
herein described and to be
secured by the Security Deed.
The location of the above
described collateral is also the
location of the Land.
Together with all easements,
rights-of-way, strips and gores
of land, vaults, streets, ways,
alleys, passages, sewer rights,
waters, water courses, water
rights and powers, minerals,
flowers, shrubs, crops, trees,
timber and other emblements
now or hereafter located on
the Land or under or above
the same or any part or par
cel thereof, and all estates,
rights, titles, interests, privi
leges, liberties, tenements,
hereditaments and appurte
nances, reversion and rever
sions, remainder and remain
ders, whatsoever, in any way
belonging, relating or apper
taining to the Land or any part
thereof, or which hereafter
shall in any way belong, relate
or be appurtenant thereto,
whether now owned or here
after acquired by Grantor.
Together with all income,
rents, issues, profits and rev
enues of the Land from time
to time accruing (including
without limitation all payments
under leases or tenancies,
proceeds of insurance, con
demnation payments, tenant
security deposits whether
held by Grantor or in a trust
account, and escrow funds),
and all the estate, right, title,
interest, property, possession,
claim and demand whatso
ever at law, as well as in
equity, or Grantor of, in and to
the same.
The indebtedness evi
denced by the Notes is due
and payable and remains
unpaid. The Security Deed
therefore has become and is
now foreclosable according to
its terms. Accordingly, the
Premises will be sold at public
outcry pursuant to the terms of
the power of sale provided in
the Security Deed.
The Premises will be sold on
an “as is, where is” basis with
out recourse against Lender
and without representation or
warranty of any kind or nature
whatsoever by Lender with
respect thereto.
The proceeds of the sale
are to be applied first to the
expenses of the sale and all
proceedings in connection
therewith, including attorneys’
fees (notice of intention to
collect attorneys’ fees hav
ing been given), then to the
payment of all sums secured
by the Security Deeds, and
the remainder, if any, will be
paid to the person or persons
legally entitled thereto, all as
provided in the Notes and
Security Deed. The Premises
shall be sold as the property of
Grantor, subject to all restric
tions, easements and other
matters of record that are prior
to the Security Deed and to
which the Security Deed is
subject and to any unpaid city,
county and state ad valorem
taxes or assessments relating
to the Premises.
To the best of the under
signed’s knowledge and belief,
the owner of the Premises is
the Grantor and the party or
parties in possession of the
Premises is the Grantor or
tenants of the Grantor.
GEORGIAN BAN As
Attorney-in-Fact for CHARLES
C. DINSMORE
James M. Ottley, Esq.
Morris, Manning & Martin,
L.L.P.
1600 Atlanta Financial
Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY7,14,21,28P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the
Power of Sale in a certain
Deed to Secure Debt from
JAMES R. DALTON and LISA
A. DALTON, Grantors, to
PINNACLE BANK, Grantee,
dated January 9, 2006, and
recorded at Deed Book 00873,
Pages 0211-0214, Madison
County Public records; said
Deed to Secure Debt hav
ing been given to secure a
promissory note from JAMES
R. DALTON and LISA A.
DALTON in the original princi
pal amount of SEVENTY-ONE
THOUSAND TWO HUNDRED
NINETY-ONE AND 14/100
DOLLARS ($71,291.14) and
any renewals or modifications
thereof, there will be sold by
the undersigned in front of the
Courthouse door in Madison
County, Danielsville, Georgia,
on the first Tuesday in June,
2009, the same being June 2,
2009, during the legal hours of
sale to the highest bidder for
cash, the following described
property, to-wit:
TRACT ONE: All that tract or
parcel of land, together with all
improvements thereon, lying
and being in the 438th G.M.
District of Madison County,
Georgia, containing 0.5 of an
acre, and being particularly
described as follows:
Beginning at iron pin set
at Southerly most corner of
the within Tract which iron pin
is located North 45 degrees
33 minutes 15 seconds East
225.88 feet from an iron pin
found; and running thence
North 41 degrees 17 minutes
45 seconds West 208.83 feet
to an iron pin; thence South
41 degrees 17 minutes 45
seconds East 208.83 feet to
an iron pin; thence South 45
degrees 33 minutes 15 sec
onds West 104.45 feet to the
iron pin corner of beginning.
Said tract of land is par
ticularly shown and delineated
on a plat entitled “Survey for:
James R. Dalton” prepared by
James M. Paul, Registered
Land Surveyor, dated
November 7, 1988, record
ed in Plat Book 26, Page
434, Madison County Clerk
of Superior Court Records,
which plat and recordation
are by reference incorporated
herein.
TRACT TWO: All that tract
or parcel of land, lying and
being in the 438th G.M. District
of Madison County, Georgia,
containing 1.41 acres, more
or less, and being particularly
described now or formerly as
follows: On the North by State
Route No. 191; on the East by
lands of James R. Dalton; on
the South by lands of Miller; on
the West by lands of Dobbs.
Said tract of lands being
more particularly described as
Tract No. 3 according to a plat
of survey for James Ricky
Dalton prepared by Kenneth
V. Cash, Registered Land
Surveyor, dated October 18,
1993 which plat is recorded
in Plat Book 29, Page 320,
Public Records of Madison
County, Georgia, said plat and
the recordation thereof are by
reference incorporated herein
and made a part of this legal
description.
ALSO CONVEYED a non
exclusive perpetual easement
60 foot in width for the purpose
of ingress and egress, con
necting the above described
property with right-of-way of
Georgia Highway No. 191,
being more particularly delin
eated in a plat of survey as
recorded in Plat Book 29,
Page 348, Madison County
Public Records.
ALSO CONVEYED a 1985
Summit Doublewide Mobile
Home, Serial Numbers
H40910GL and H40910GR.
THIS CONVEYANCE
is made subject to all zon
ing ordinances, easements,
rights-of-way for public roads
and public utilities and any
restrictions of record affecting
said described property.
Re: Deed Book G-11, Page
60, Madison County Public
Records.
Deed Book E-11, Page
686, Madison County Public
Records.
Deed Book H-9, Page
35, Madison County Public
Records.
The debt secured by said
Deed to Secure Debt has been
and is hereby declared due
and payable in full because
of non-payment pursuant to
the terms of said Deed to
Secure Debt. The indebted
ness remaining in default,
the sale will be made for the
purpose of applying proceeds
thereof to the payment of the
indebtedness secured by the
Deed to Secure Debt, accrued
interest and expenses of the
sale and other sums secured
by the Deed to Secure Debt,
including attorney’s fees, and
the remainder, if any, shall be
applied as provided by law.
To the best of the under
signed’s knowledge and belief
the property is in the posses
sion of JAMES R. DALTON
and LISAA. DALTON and said
property will be sold as the
property of JAMES R. DALTON
and LISA A. DALTON subject
to outstanding ad valorem
taxes, prior encumbrances, if
any, and easements, cove
nants or restrictions of record.
The undersigned will execute
a Deed to the purchaser at
said sale as provided in the
Deed to Secure Debt.
Notice of the initiation of pro
ceedings to exercise the said
power of sale and to collect
attorneys fees as provided in
the said note has been given
to JAMES R. DALTON and
LISAA. DALTON as provided
by law in §§44-14-162.2 and
13-1-11, respectively, Official
Code of Georgia Annotated.
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. AND ANY INFOR
MATION OBTAINED WILL
BE USED FOR THAT PUR
POSE.
PINNACLE BANK Attorney-
in-Fact for JAMES R. DALTON
and LISAA. DALTON
Crudup & Hendricks, LLP
Attorneys At Law
P. O. Box 187
Covington, Georgia 30015
(770) 786-0678
(MY7,14,21,28P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the
payment of the indebtedness
secu red by a Secu rity Deed exe-
cuted by CRYSTAL L. PRICE
and GARY R. PRICE, JR. to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated January 26, 2007,
in the amount of $137,025.00,
and recorded in Deed Book
986, Page 224, 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 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 June,
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 and parcel of
land, together with all improve
ments thereon, lying and
being in GMD 205, in the City
of Comer, Madison County,
Georgia, being further shown
and delineated as 1.356 acres,
more or less, on a plat of sur
vey entitled survey for Gary R.
Price & Crystal L. Price, pre
pared by W.T. Dunahoo and
continued on following page