The Madison County journal. (Hull, Ga.) 1989-current, May 28, 2009, Image 19

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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. MAY 28. 2009 - PAGE 5B Public Notices 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 con tained in a Security Deed given by SIDY KANE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 19, 2006, recorded in Deed Book 983, Page 93, Madison County, Georgia Records, as last transferred to EMC Mortgage Corporation by assignment to be recorded in the Office of the Clerk of Superior Court of Madison County, Georgia Records, convey ing the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-FIVE THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($185,600.00), 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 possible events of default, failure to pay the indebt edness as and when due and in the manner provided in the Note and Security Deed. The debt remain ing in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attor neys fees (notice of intent to collect attorneys fees hav ing 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 matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zon ing 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: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067,1-888- 577-4011. Please under stand that the secured cred itor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the under signed, the party in posses sion of the property is Sidy Kane or a tenant or tenants and said property is more commonly known as 226 Hidden Falls Drive, Hull, Georgia 30646. The sale will be con ducted subject (1) to con firmation 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. EMC Mortgage Corporation as Attorney in Fact for Sidy Kane McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosu rehotline, net MR/jm6 6/2/09 Our file no. 52071107- FT1 EXHIBIT A All that tract or parcel of land lying and being in the 382nd G.M. District, Madison County, Georgia, being Lot 7, Hidden Falls Subdivision, as per plat recorded in plat book B-109 page 8, Madison County, Georgia Records, which recorded plat is incorporat ed herein by this reference and made a part of this description. Said property being known as 226 Hidden Falls Drive according to the present system of num bering houses in Madison County, Georgia. This deed is subject to all easements, covenants and restrictions of record, if any. Parcel ID # H001- 016-A06 (MY7,14,21,28B/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. Under and by virtue of the Power of Sale contained in a Security Deed given by EMILY A. BESSETTE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 17, 2003, recorded in Deed Book 638, Page 161, Madison County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP by assignment to be recorded in the Office of the Clerk of Superior Court of Madison County, Georgia Records, convey ing the after-described property to secure a Note in the original principal amount of EIGHTY-SEVEN THOUSAND SIX HUNDRED TWENTY-FOUR AND 0/100 DOLLARS ($87,624.00), 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 possible events of default, failure to pay the indebt edness as and when due and in the manner provided in the Note and Security Deed. The debt remain ing in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attor neys fees (notice of intent to collect attorneys fees hav ing 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 matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zon ing 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: BAC Home Loan Servicing, LP, 5401 North Beach Street, MS FWTX- 35, Fort Worth, TX 76137, 1-888-219-7773. 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 under signed, the party in posses sion of the property is Emily A. Bessette or a tenant or tenants and said property is more commonly known as 458 New Hope Road, Comer, Georgia 30629. The sale will be con ducted subject (1) to con firmation 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. BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP as Attorney in Fact for Emily A. Bessette McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosu rehotline, net MR/wig 6/2/09 Our file no. 51098509- FT4 EXHIBIT A All that tract or parcel of land, situate, lying and being in the 205th District, G.M., Madison County, Georgia, containing 5.03 acres, more or less, particularly Shown as Tract 3-a accord ing to a Plat for “Robert L. Rosamond, Jr.”, by James M. Paul, Registered Land Surveyor No. 1530 dated November 10, 1999, and recorded in Plat Book 39, Page 234, in the office of the clerk of the Superior Court of Madison County, Georgia Records, and being incorporated herein for a more particular description. Also conveyed is a non exclusive ingress-egress easement over above and through the “20 foot private access drive, 1.13 acres” as shown on above said Plat. The ingress-egress easement may be moved by grantor and Will be shown on a Plat to be recorded at a later date. (MY6,13,20,27B/12062-70T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County By virtue of a Power of Sale contained in that cer tain Security Deed from DAVID E. THOMPSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., act ing solely as nominee for AMERICAS WHOLESALE LENDER, dated August 9, 2006, recorded August 11, 2006, in Deed Book 00935, Pages 0048-0060, Madison County, Georgia Records, said Security Deed hav ing been given to secure a Note of even date in the original principal amount of FIFTY-FOUR THOUSAND AND 00/100 DOLLARS ($54,000.00), with inter est thereon as provided for therein, said Security Deed having been last sold, assigned and trans ferred to Countrywide Home Loans Servicing, LP, there will be sold at public out cry 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, all property described in said Security Deed including but not limited to the following described property: All that tract or parcel of land, together with all improvements thereon, lying and being in the Grovehill District, 382nd G.M.D., Madison County, Georgia, containing 4.0 acres, more or less, and being more particularly described on a plat of survey prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated November 30, 1989, record ed in Plat Book 27, Page 112, Madison County Records. This is a portion of the same land conveyed to Henry A. Lassiter by warranty deed dated September 6, 1983, recorded in Deed Book I-7, Page 203, Madison County Records. There is a 1995 Fleetwood, Eagle Trace manufactured (mobile) home serial Nos. FAG L554A76153 ET11, B76152ET11 and C76152ET11, 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. This conveyance is made subject to the restrictive covenants recorded in Deed Book K-9, Page 516, Madison County, Georgia Records. Said property is commonly known as 2155 Waggoners Grove Church Road, Colbert, GA 30628. The indebtedness secured by said Security Deed has been and is here by declared due because of default under the terms of said Security Deed and Note, including but not lim ited to the nonpayment of the indebtedness as and when due. The indebted ness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the follow ing items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the prop erty; any outstanding taxes, including but not limited to ad valorem taxes, which consti tute liens upon said prop erty; special assessments; all outstanding bills for pub lic utilities which constitute liens upon said property; all restrictive covenants, ease ments, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is David E. Thompson, David E. Thompson, or tenants(s). The sale will be con ducted subject (1) to con firmation 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. THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY IN FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COUNTRYWIDE HOME LOANS SERVICING, LP as Attorney in Fact for DAVID E. THOMPSON Lender Contact: COUNTRYWIDE, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A- 274, Plano, TX 75024 TELEPHONE NUMBER: 800-669-6087 Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092 TELEPHONE NUMBER: (888) 890-5309 CASE NO. 09-01918-2 WWW. RUBIN LUBLIN. COM/PROPERTY- LISTINGS.PHP (MY7,14,21,28B/18915-70) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Madison By virtue of the power of sale contained in that cer tain Deed to Secure Debt with Power of Sale from CARL I. ROBERTSON to BRANCH BANKING & TRUST COMPANY as suc cessor to Main Street Bank, dated April 18, 2001, and recorded in Deed Book 341, Page 17, MADISON County, Georgia Records (hereinaf ter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of SIXTY THOUSAND TWO HUNDRED SIXTY SIX AND NO/100 DOLLARS ($60,266.00) with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public out cry to the highest bidder for cash before the Courthouse at MADISON County, Georgia, within the legal hours of sale on Tuesday, June 2, 2009, the property described on Exhibit “A” attached hereto and incor porated herein by refer ence. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees. 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 matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zon ing ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale con templated by this Notice. To the best knowledge and belief of the under signed, the Party in pos session of the property is Carl I. Robertson, or a ten ant or tenants, and said property is more commonly known 2143 Hwy 106 N., Danielsville, MADISON County, Georgia 30633. However, please rely only on the metes and bounds legal description contained in this notice for the location of the property. Branch Banking & Trust Company Attorney in Fact for Carl I. Robertson Martin G. Quirk, Esq. Quirk & Quirk, LLC 6000 Lake Forrest Drive Suite 325 Atlanta, Georgia 30328 (404) 252-1425 EXHIBIT “A” ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in 282nd District, G.M., Madison County, Georgia designat ed as Tract 1, encompass ing 0.704 acres, more or less, as shown on a plat of survey entitled “Survey for Paula M. James,” by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated October 22, 1999 and being of record in the Office of the Clerk of the Superior Court for Madison County, Georgia in Plat Book 16, Page 592, which said plat and the recording thereof are by reference incorporat ed herein for a more com plete and detailed descrip tion. Also conveyed is a 40’ road easement for ingress and egress as shown on the above referenced plat of survey. The Grantor/Borrower represents, covenants and agrees that the 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. This property is more par ticularly described as fol lows: Beginning as a point on the west side of Georgia Hwy. 106, which point is 0.15 mile from the intersec tion of Georgia Hwy. 106 and Wesley Chapel Road, running thence south 85 degrees 17 minutes 00 sec onds west 209.0 to an iron pin; running thence south 58 degrees 27 minutes 00 seconds west 139.94 feet to a point which is the TRUE POINT OF BEGINNING; running thence south 04 degrees 14 minutes 55 sec onds east 188.42 feet to a point; running thence south 74 degrees 45 minutes 15 seconds east 134.49 feet to a iron pin; running thence south 26 degrees 11 min utes 50 seconds east 86.81 feet to an iron pin; running thence south 84 degrees 56 minutes 25 seconds west 212.53 feet to an iron pin; running thence north 04 degrees 14 minutes 55 seconds west 289.33 feet to an iron pin; running thence north 58 degrees 27 min utes 00 seconds east 59.98 feet to THE TRUE POINT OF BEGINNING. (MY7,14,21,28P4) gpn11 Notice of Sale Advertisement of Sale Under Power of Sale in Security Deed State of Georgia County of Madison Under and by virtue of the power of sale contained in that certain Security Deed (hereinafter known as the “Security Deed”) from GINNY ALLEN f/k/a GINNY ESPINO and NIKKI ALLEN to FREEDOM BANK OF GEORGIA, now known as NORTHEAST GEORGIA BANK, dated December 3, 2007 and recorded on December 10, 2007 in Deed Book 1072, Pages 74-79, records of Madison County, Georgia. This Security Deed secures a Note dated December 3, 2007, in the original principal amount of $58,760.18, plus interest; there will be sold by the undersigned at public out cry to the highest and best bidder for cash before the Courthouse door at Madison County, Georgia, within the legal hours of sale on the first Tuesday in June, 2009, the following described property and improvements, if any; to-wit: LEGAL DESCRIPTION All that tract or parcel of land lying improvements thereon, situate, lying and being in the 204th GMD of Madison County, Georgia, and fronting on the Eastside of the Colbert-Danielsville Road, and containing 2.00 acres, more or less, and being known as Tract II, and prepared by Ray N. Woods, RLS, dated August 2, 1986, Court Deed Records. Said Plat of survey and the record thereof is incorporated herein for a more complete description of said tract. Together with manu factured home located on said premises iden tified as VIN Numbers GMHGA1169611532A and GMHGA1169611532B. Being known as 2285 Colbert-Danielsville Road, according to the present sys tem of numbering houses in Madison County, Georgia. The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attor ney’s fees. Said property will be sold as the property of Ginny Allen f/k/a Ginny Espino and Nikki Allen and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any. To the best knowledge and belief of the undersigned, equitable title to said prop erty is now held by Ginny Allen f/k/a Ginny Espino and Nikki Allen, and tenant or tenants, if any. NORTHEAST GEORGIA BANK f/k/a Freedom Bank of Georgia Northeast Georgia Bank f/k/a Freedom Bank of Georgia As Attorney-in-fact for: Ginny Allen f/k/a Ginny Espino and Nikki Allen Marc S. Kaufman VANDIVER & KAUFMAN, LLC Attorneys at Law 5330 Vickery Street Post Office Box 10 Lavonia, Georgia 30553 (706) 356-2323 office (706) 356-3427 fax THIS IS AN ATTEMPT TO COLLECT A DEBT. AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (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 RYAN W. PORTERFIELD to PRIMARY CAPITAL ADVISORS LC, dated July 30, 2002, recorded in Deed Book 476, Page 111, Madison County, Georgia Records, as last transferred to Wells Fargo Bank, Home Mortgage, Inc. by assign ment to be recorded in Deed Book 622, Page 43, Madison County, Georgia Records, conveying the after-described property to secure a Note in the origi nal principal amount of ONE HUNDRED THIRTEEN THOUSAND AND 0/100 DOLLARS ($113,000.00), 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 continued on following page