The Madison County journal. (Hull, Ga.) 1989-current, May 14, 2009, Image 12

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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. MAY 14. 2009 - PAGE 7B Public Notices Continued 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 Associates, certified by W.T. Dunahoo, Georgia Registered Land Surveyor No. 1577, dated January 25, 2007, as recorded in Plat Book B176, Page 8B, in the Office of the Clerk of the Superior Court of Madison County, Georgia. Reference is hereby made to the aforesaid plat and to the record thereof for all purposes of description and identifica tion and for all other purposes allowed by law. which has the property address of 235 Shannons Place Drive, Comer, Georgia, together with all fixtures and other personal property con veyed by said deed. The sale will be held sub ject to any unpaid taxes, assessments, rights-of-way, easements, protective cov enants or restrictions, liens, and other superior matters of record which may affect said property. 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 attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Crystal L. Price and Gary R. Price, Jr. 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 under signed will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Crystal L. Price and Gary R. Price, Jr. Anthony DeMarlo, Attorney/ kgrant McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-03759 /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. (MY7,14,21,28B/1325-60) gpn 11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Because of default in the payment of the indebtedness secured by a Security Deed executed by PASHARD O. LITTLE and CHRIS J. LOWE to MORTGAGE ELECTRON IC REGISTRATION SYSTEMS, INC. dated November 22, 2006, in the amount of $72,364.00, and recorded in Deed Book 00966, Page 94, Madison County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. by assignment, the under signed, Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. 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 that tract or parcel of land, together with all improve ments thereon, situate, lying and being in the 262nd GMD, Madison County, Georgia, in the city of lla, containing 0.48 acres, more or less, being more particularly shown and delineated on a plat of survey entitled “Survey for: Clifford Dale Leachman,” prepared by F & M. Land Surveyors, F. B. Flournoy, RLS, dated November 8, 2000, recorded in Plat Book B 55, Page 1, Madison County Records, which plat and record are by reference incorporated here in; Being the same proper ty as described in Warranty Deed from Robert V. Boren to Clifford Dale Leachman, recorded January 2, 1996 in Deed Book 1, Pages 196-197, Madison County Records. Grantor represents, cov enants and agrees that the 2001 Palm Harbor, 1000 Series, 28 x 48, Serial #PH234200 manufactured (mobile) home located on the land is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the real property. which has the property address of 23 Rock Street, Danielsville, Georgia, togeth er with all fixtures and other personal property conveyed by said deed. The sale will be held sub ject to any unpaid taxes, assessments, rights-of-way, easements, protective cov enants or restrictions, liens, and other superior matters of record which may affect said property. 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 attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Pashard O. Little and Chris J. Lowe and the proceeds of said sale will be applied to the pay ment 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. Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. Attorney in Fact for Pashard O. Little and Chris J. Lowe Anthony DeMarlo, Attorney/ kgrant McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-09593 /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. (MY7,14,21,28B/1325-60) gpn 11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Because of default in the payment of the indebt edness secured by a Security Deed executed by CHARLES B. AYERS and CHERYL H. AYERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 29, 2005, in the amount of $107,996.00, and recorded in Deed Book 872, Page 233, Madison County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. by assignment, the under signed, Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. 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 that tract or parcel of land, together with all improvements thereon, con taining 5.17 acres, more or less, situate, lying and being in the 262nd District G.M. of Madison County, Georgia, as more particularly shown and delineated on a plat prepared by John H. Wood, Jr., County Surveyor, dated November 9, 1976, recorded in Plat Book 19, Page 662, in the Office of the Clerk of the Superior Court of Madison County Records, which plat and record are by reference incorporated here in. There is a 1986 manu factured (mobile) home, Manufacturer Artcraft Homes, Mfg. Serial # VA30212216AB, Vanguard 482 model, HUD certificate #NTA376767/67, located on the land which is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the real property. which has the property address of 1368 Jot Em Down Road, Danielsville, Georgia, together with all fixtures and other personal property con veyed by said deed. The sale will be held sub ject to any unpaid taxes, assessments, rights-of-way, easements, protective cov enants or restrictions, liens, and other superior matters of record which may affect said property. 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 attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Charles B. Ayers and Cheryl H. Ayers and the proceeds of said sale will be applied to the pay ment 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. Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. Attorney in Fact for Charles B. Ayers and Cheryl H. Ayers Anthony DeMarlo, Attorney/ kjenrette McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 09-09509 /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. (MY7,14,21,28B/1325-60) gpn 11 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 MARK DAVID LUMPKIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 8, 2007, recorded in Deed Book 1027, Page 160, Madison County, Georgia Records, as last transferred to Wells Fargo Bank N.A. by assign ment to be recorded in the Office of the Clerk of Superior Court of Madison County, Georgia Records, convey ing the after-described prop erty to secure a Note in the original principal amount of ONE HUNDRED SEVENTY- FIVE THOUSAND AND 0/100 DOLLARS ($175,000.00), 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, 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 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 Mark David Lumpkin or a tenant or tenants and said property is more commonly known as 1603 Madison St., 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 confir mation 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 Mark David Lumpkin McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lxk 6/2/09 Our file no. 51148309-FT5 EXHIBIT A All that tract or parcel of land, with all improvements thereon, situate, lying and being in the 205th G.M.D., Madison County, Georgia, and being more particularly shown on a plat entitled “Survey for Martha B. Kristin”, dated May 24, 2004, prepared by Brett Chandler & Associates, certified by Brett Chandler, Georgia Registered Land Surveyor #2816, recorded in Plat Book B122, Page 5A, in the Office of the Clerk of the Superior Court of Madison County, Georgia. Reference is hereby made to the aforesaid plat and to the record thereof for all pur poses of the description and identification and for all other purposes allowed by law. (MY7,14,21.28B/12062-60T1P) 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 indebtedness secured by a Security Deed executed by WAYNE HEATH to ARGENT MORTGAGE COMPANY, LLC dated June 2, 2004, and recorded in Deed Book 00702, Pages 0059-0078, Madison County Records, said Security Deed having been last sold, assigned, transferred and con veyed to U. S. Bank, National Association as Trustee, suc- cessor-in-interest to Wachovia Bank, N.A. Pooling and Servicing Agreement dated as of November 1, 2004. Asset-Backed Pass-Through Certificates Series 2004- WWF1, by Assignment secur ing a Note in the original prin cipal amount of $81,000.00, the holder thereof pursuant to said Deed and Note there by 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, June 2, 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 lying and being in 262 G.M.D., Madison County, and being more particularly described as follows: beginning at a point in the center of a 25’ Road Easement said point being 2045,36’ from the right of way of Homestead Road, having a 60’ right of way, as measured along the centerline of mid 25’ Road easement; thence North 0” 00’ 00” East 336.22 feet to an iron pin set; thence North 90” 00’ 00” East 404.02 feet to an iron pin set; thence South 0” 00’ 00” East 539.09 feet to an iron pin set; thence North 90° 00’ 00” West 404.02 feet to an iron pin act; thence North 0° 00’ 00” East 202.87 feet to the point of Beginning. The above described prop erty contains 5,000 Acres and is more particularly shown on a survey for Claude Heath prepared by Brett Chandler &Associates (Brett Chandler Georgia Registered Land Surveyor No. 2316) Dated January 23, 2002, which sur vey is incorporated herein by this reference and made a part of this description. Said property is known as 902 Homestead Road, Danielsville, GA 30633, 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 Wayne Heath, the property, to the best information, knowledge and belief of the undersigned, being presently in the pos session of Wayne Heath, 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. U. S. Bank, National Association as Trustee, suc- cessor-in-interest to Wachovia Bank, N.A. Pooling and Servicing Agreement dated as of November 1, 2004. Asset-Backed Pass-Through Certificates Series 2004- WWF1 as Attorney-in-Fact for Wayne Heath File no. 07-2928 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 (770) 220-2730/KF 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] (MY7,14,21,28B/1323-70T1P) gpn 11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Because of default in the payment of the indebtedness secured by a Security Deed executed by KENNAL. HOBBS to MORTGAGE ELECTRON IC REGISTRATION SYSTEMS, INC. dated November 17, 2005, in the amount of $92,547.00, and recorded in Deed Book 861, Page 100, Madison County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the under signed, Mortgage Electronic Registration Systems, Inc. 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 that tract or parcel of land containing 1.54 acres lying and being in the City of lla, 262nd District, G.M., Madison County, Georgia and particularly described as fol lows: Beginning at an iron pin ste on the Southerly right- of-way of Georgia Highway No. 98 at land corner of lands of R. R. Bird and the Northeasterlymost corner of the within tract, and running thence South 11 Degrees 2 Minutes West 250.4 feet to an iron pin set; thence South 11 Degrees 2 Minutes West 236.9 feet to an iron pin set on the Northerly right-of-way of Jackson Street; thence the Northerly right-of-way of Jackson Street and into Hill Street North 77 Degrees 13 Minutes West 137.7 feet to an iron pin set in Hill Street; thence within the right-of-way of Hill Street North 11 Degrees East 485.5 feet to an iron pin set on the Southerly right-of- way of Georgia Highway No. 98; thence the Southerly right- of-way of Georgia Highway No. 98 South 77 Degrees 57 Minutes East 138.0 feet to the iron pin corner of beginning; Said tract of land is particu larly shown and delineated on a plat entitled Survey For: A. R. Bennett, Sr. prepared by John H. Wood, Jr., Madison County Surveyor, dated January 19, 1972, recorded in Plat Book 19, Page 782, Madison County Clerk of Superior Court records, which plat and record are by refer ence incorporated herein. which has the property address of 5553 Highway 98, Danielsville, Georgia, together with all fixtures and other personal property con veyed by said deed. The sale will be held sub ject to any unpaid taxes, assessments, rights-of-way, easements, protective cov enants or restrictions, liens, and other superior matters of record which may affect said property. 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 attorneys’ fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Kenna L. Hobbs 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. 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) gpn 11 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, continued on following page