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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