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PAGE 8B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. MAY 7, 2009 Public Notices Continued Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Kenna L. Hobbs Anthony DeMarlo, Attorney/ kjenrette McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-10187 /FHA THIS LAW FIRM IS ACT ING AS A DEBT COLLEC TOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. (MY6,13,20,27B/1325-60) gpn11 Notice of Sale Notice of Sale Under Power in Security Deed State of Georgia County of Madison On August 6, 2005, CARL R. ALTMAN and EILEEN O. ALTMAN executed a Deed to Secure Debt With Power of Sale to MERCHANTS & FARMERS BANK secur ing a note of even date for ONE HUNDRED THREE THOUSAND TWO HUNDRED SIXTY AND 07/100 DOLLARS ($103,260.07), said security deed being recorded in Deed Book 832, Pages 216-220, Madison County Records. Said security deed conveyed the property hereinafter described. By virtue of the power of sale contained in said security deed to Merchants & Farmers Bank there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Danielsville, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in June, the same being June 2, 2009, the following described property: TRACT ONE All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the 382nd District, G.M., Madison County, Georgia, containing 3.88 acres, more or less, as more particularly shown on a survey entitled “Survey for Willie Ray Christian,” dated September 7, 1967, by John H. Wood, Jr., County Surveyor, and recorded in Plat Book 10, Page 59 in the Office of the Clerk of the Superior Court of Madison County, Georgia reference to which is hereby made for a more particular description of the property herein conveyed. TRACT TWO All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the 382nd District, G.M., Madison County, Georgia, contain ing 4.59 acres, more or less, as more particularly shown on a survey prepared by Claude Stevens, Surveyor dated November 26, 1948, and recorded in Plat Book 18, Page 326, in the Office of the Clerk of the Superior Court of Madison County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. TRACT THREE: All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the 382nd District, G.M., Madison County, Georgia, containing 0.96 of an acre, more or less, as more particularly shown on a survey entitled “Survey for L.A. Wilson,” dated August 28, 1973, by John H. Wood, Jr., County Surveyor, and record ed in Plat Book 17, Page 586, in the Office of the Clerk of the Superior Court of Madison County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. LESS AND EXCEPT: All that tract or parcel of land con veyed in a right of way deed to Madison County recorded in Deed Book S-4, Page 159, Madison County Records. The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and secu rity deed. The debt having been declared due and pay able and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale. Said property will be sold as the property of Carl R. Altman and Eileen O. Altman and sub ject to outstanding ad valor em taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale. To the best knowledge and belief of the undersigned, equitable title to said property is now held by Carl R. Altman and Eileen O. Altman. The entity with full author ity to negotiate, amend and modify all terms of the secu rity deed with the borrowers is Merchants & Farmers Bank, P.O. Box 95, Comer, Georgia 30629, Phone Number 706- 783-5161. The undersigned will exe cute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to Merchants & Farmers Bank. Dated this 15th day of April, 2009. Merchants & Farmers Bank, Attorney-in-fact for Carl R. Altman and Eileen O. Altman Brian C. Ranck P. O. Box 1005 Toccoa, GA 30577 706-886-7533 Attorney for Merchants & Farmers Bank (MY7,14,21,28P4) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Because of default in the payment of the indebted ness secured by a Security Deed executed by DEDRICK DANYY ANTHONY and KATHY S. ANTHONY to INDYMAC BANK, F.S.B., dated February 17, 2004, in the amount of $119,265.00, and recorded in Deed Book 00687, Page 72, Madison County, Georgia Records, as last transferred to IndyMac Federal Bank F.S.B. by assignment, the undersigned, IndyMac Federal Bank F.S.B. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in 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 of those two certain adjoining lots of land lying and being in the 382 G.M.D. of Madison County, Georgia, in the City of Colbert, Originally known as Lots 7 and 8 of Block B of a plat of subdivi sion which appears of record in Deed Book C-2, Page 355, Madison County Records, at the Northeast Corner of the intersection of 4th Street Records, at the Northeast cor ner of the intersection of 4th Street and 7th Avenue, and is all of said lots except a portion which was deeded off at Deed Book K-4, Page 376 Madison County Records. The herein conveyed property fronts 100 Feet on the 4th Street and runs back a Uniform width of 150 Feet along 7th Avenue. This is the identical prop erty deeded to J.H. Kesler and Alice C. Kesler by deed from Ora Lee Morris Dated August 24, 1989, and recorded in Deed Book G-9, Page 334, Madison County Records, and the description as contained therein is herein incorporat ed and made a part of this description by reference. which has the property address of 275 S. 4th St., Colbert, Georgia, together with all fixtures and other per sonal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assess ments, rights-of-way, ease ments, protective covenants or restrictions, liens, and other superior matters of record which may affect said prop erty. 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 confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Dedrick Danyy Anthony and Kathy S. Anthony and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as pro vided in the aforementioned Security Deed. IndyMac Federal Bank F.S.B. Attorney in Fact for Dedrick Danyy Anthony and Kathy S. Anthony Anthony DeMarlo, Attorney/ cyeats McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-08981 /FNMA THIS LAW FIRM IS ACT ING AS A DEBT COLLEC TOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. (MY7,14,21,28B/1325-60) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by BRENDA G. WENDT to SUNSHINE MORTGAGE CORPORATION, dated January 17, 2001, recorded in Deed Book 304, Page 245, Madison County, Georgia Records, as last transferred to Select Portfolio Servicing, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($118,750.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Madison County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due because of, among other pos sible events of default, fail ure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any mat ters 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 entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Select Portfolio Servicing, 3815 S West Temple, Salt Lake City, UT 84115, 888- 349-8955. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Brenda G. Wendt or a tenant or tenants and said property is more commonly known as 95 Southwinds Drive, Colbert, Georgia 30628. 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 confirmation and audit of the status of the loan with the holder of the security deed. Select Portfolio Servicing, Inc. as Attorney in Fact for Brenda G. Wendt McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sm01 6/2/09 Our file no. 52515608-FT1 EXHIBIT A All that tract or parcel of land, together with all improvements thereon, con taining 40,975 square feet, situate, lying and being in the 382nd District, G.M., Madison County, Georgia, on the north easterly side of Southwinds Drive and being more par ticularly shown and desig nated as Lot 4 on a Plat of Subdivision prepared by Wood & Chastain Surveyors, Inc., Phillip D. Chastain, Registered Surveyor, dated January 19, 2000, recorded in Plat Book B-42, Page 6, Office of the Clerk of the Superior Court of Madison County, Georgia, which Plat and record are by reference incorporated here in. (MY6,13.20.27B/12062-60T1P) 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 with that certain Deed to Secure Debt dated November 10, 2006, from DENNIS COWART to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for EQUIFIRST CORPORATION, recorded on November 20, 2006, in Deed Book 965 at Page 36, in the office of the Clerk of the Superior Court of Madison County, Georgia, and said Deed to Secure Debt having been given to secure a note dated November 10, 2006, in the amount of $180,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Madison County, Georgia, on June 2, 2009, the follow ing described real property (hereinafter referred to as the “Property”): All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the 203rd District, G.M., Madison County, Georgia, containing 5.00 acres, more or less, and being more particularly shown and designated as Tract 1 on a plat of survey entitled, Survey for Dennis Cowart, dated January 17, 2001, by Paul and Evans Land Surveying, Inc., Thomas R. Paul, Registered Land Surveyor, recorded in Plat Book B-62, Page 1, Madison County, Georgia Records, which pint and record are by reference incor porated herein. The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued inter est, and all expenses of the sale, including attorneys’ fees. Notice of intention to col lect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Dennis Cowart. The property, being commonly known as 4977 Highway 72 East, Carlton, GA 30627, in Madison County, will be sold as the property of Dennis Cowart, subject to any out standing ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affect ing title to the property which would be disclosed by accu rate survey and inspection thereof, and all assessments, liens, encumbrances, restric tions, covenants, and mat ters of record to the Security Deed. Albertelli Law Attorney for Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007- 1 Mortgage Pass-Through Certificates, Series 2007-1 as Attorney in Fact for Dennis Cowart 100 Galleria Parkway, Suite 900 Atlanta, GA 30339 Phone: (866)690-0418 James E. Albertelli, Esq. For the Firm 09-17366 (MY7,14,21,28P4) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN B. MCELHANNON and CRYSTAL R. MCELHANNON to WELLS FARGO BANK N.A., dated January 22, 2008, recorded in Deed Book 1083, Page 89, Madison County, Georgia Records, convey ing the after-described prop erty to secure a Note in the original principal amount of ONE HUNDRED FIFTY-FIVE THOUSAND SIX HUNDRED SIXTY-NINE AND 0/100 DOLLARS ($155,669.00), with interest thereon as set forth therein, there will be sold at public outcry to the high est bidder for cash before the Courthouse door of Madison County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due because of, among other pos sible events of default, fail ure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any mat ters 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 entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416- 1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the prop erty is John B. Mcelhannon and Crystal R. Mcelhannon or a tenant or tenants and said property is more com monly known as 408 Hannah Heights Trail, Hull, Georgia 30646. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank N.A. as Attorney in Fact for John B. Mcelhannon and Crystal R. Mcelhannon McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lxk 6/2/09 Our file no. 5838609-FT5 EXHIBIT A All that tract or parcel of land lying and being in GMD 382 of Madison County, Georgia, and being designated as Lot 19, of Hannah Heights Subdivision, according to the plat of survey prepared for Pintail Partners, LLC by Carroll Surveying, LLC, certified by Stacy C. Carroll, GA RLS #2729, dated March 16, 2006, and record ed in Plat Book B159, Pages 001A-006A, Madison County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. ***IF Notice given TF*** (MY6,13.20.27B/12062-60T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. By virtue of the Power of Sale contained in a Security Deed given by ANTHONY TODD BURTON to FREEDOM BANK OF GEORGIA, dated December 10, 2007, record ed in Deed Book 1073, Page 243, Madison County, Georgia records, conveying the after- described property to secure a Note dated December 10, 2007, in the original princi pal amount of $262,687.41, with interest thereon as set forth therein, there will be sold at public outcry to the high est bidder for cash before the Courthouse door of Madison County, Georgia, within the legal hours of sale on the first Tuesday in June, 2009, the following described property: ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMNETSTHEREON, SITUATE, lying and being in the town of Comer, Madison County, Georgia, and being part of Lot 3, in Block G, of the original survey of said town, beginning at the southeast corner of the two story building known as “The Smith Building” and now or formally owned by J.W. and J.K. Gholston, running east 24 feet more or less to the third story or the Masonic Hall; thence north along one-half of said, J.W. and J.K. Gholston’s brick wall 100 feet, more or less, to the third story or the Masonic Hall; thence west along said wall 24 feet, more or less, to the third story or the Masonic Hall; thence at right angles south along one-half of J.W. and J.K. Gholston’s brick wall to the third story or the Masonic Hall 100 feet, more or less to the beginning corner. It is understood and agreed that the stairway to the Masonic Hall is to be kept open at all times. There is to be an opening from the Smith Building wall as wide as the steps leading from the hall to the stairway to Masonic Hall. This being the same prop erty conveyed to Sarah L. McConnell by Sarah L. McConnell as Executrix of the Last Will and Testament of William Elmer McConnell, deceased, late of Madison County, Georgia, dated February 2, 1983, and record ed in Deed Book K-7K, Page 17, aforesaid records. The current holder of the above referenced Security Deed and Note is Northeast Georgia Bank, as Transferee of the Federal Deposit Insurance Corporation, as Receiver of Freedom Bank of Georgia (hereinafter “Bank”). The debt secured by said Security Deed has been and is hereby declared due because of, among other pos sible events of default, fail ure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in Security Deed and by law, including 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 mat ters 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. As required by § 44-14- 162.2 (a) of the Official Code of Georgia Annotated, you are hereby notified that the indi vidual who has full authority to negotiate, amend and mod ify all terms of the mortgage instrument referred above is James S. Purcell of Northeast Georgia Bank, 3165 Maysville Road, Commerce, Georgia 30529. He can be reached at telephone number (706) 423- 2500. To the best knowledge and belief of the undersigned, the party in possession of the property is Anthony Todd Burton, or a tenant or ten ants, and said property is more commonly known as 83 East North Avenue, Comer, Georgia 30629. 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 confirmation and audit of the status of the loan with the holder of the security deed. Northeast Georgia Bank as Attorney in Fact for Anthony Todd Burton Samuel L. Chesnutt as Attorney at Law for aforesaid Bank Strickland, Chesnutt & Lindsay, LLP 650 Oglethorpe Avenue, Suite 1 Athens, Georgia 30606 Our file no. A09-129B (MY7,14,21.28B/887-80) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN W. BYRAM to WELLS FARGO BANK, N.A., dated August 30, 2007, recorded in Deed Book 1050, Page 1, Madison County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY- EIGHT THOUSAND SEVEN HUNDRED AND 0/100 DOLLARS ($168,700.00), with interest thereon as set forth therein, there will be sold at public outcry to the high est bidder for cash before the Courthouse door of Madison County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due continued on following page