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PAGE 8B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. MAY 14. 2009
Public Notices Continued
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 security
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 property
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 con
tained therein is herein incor
porated 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 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 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, 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:
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 confir
mation 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 particu
larly shown and designated 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
toMORTGAGEELECTRONIC
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
incorporated 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 collect
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)
Buckle Up
Georgia.
It’s a Law We
Can Live With.
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 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 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 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 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 refer
ence thereto for a more com
plete description of the prop
erty 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, recorded
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 principal
amount of $262,687.41, 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:
ALL THAT TRACT
OR PARCEL OF LAND,
TOGETHER WITH
ALL IMPROVEMNETS
THEREON, 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, 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 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 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
property is John W. Byram or
a tenant or tenants and said
property is more commonly
known as 240 S Fifth St.,
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 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 John W.
Byram
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mxk 6/2/09
Our file no. 5658809-FT5
EXHIBIT A
All that tract or parcel of land,
together with all improvements
thereon, situate, lying and
being in the City of Colbert,
in the 382nd District, G.M.,
Madison County, Georgia,
and being more particularly
described on a plat of survey
entitled “Survey for Mark S.
Heiges and Nancy C. Heiges”
by Piedmont Surveying Co.,
Sherald G. Sharp, registered
surveyor, dated August 7,
1991, and recorded in Plat
Book 28, Page 263, in the
Office of the Clerk of Superior
Court of Madison County,
Georgia, and being incorpo
rated herein by reference for a
more particular description.
This is improved property
with a residence situated
thereon known as 240 South
Fifth Street according to the
present system of numbering
houses in Colbert, Madison
County, Georgia.
This deed is given subject
to all easements and restric
tions of record, if any.
(MY7,14,21,28B/12062-70T1P)
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 MIGUEL
SALINAS to BSM FINANCIAL,
continued on following page