The Madison County journal. (Hull, Ga.) 1989-current, May 28, 2009, Image 20

Below is the OCR text representation for this newspapers page.

PAGE 6B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. MAY 28. 2009 Public Notices Continued 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: 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 under signed, the party in posses sion of the property is Ryan W. Porterfield or a tenant or tenants and said property is more commonly known as 529 Veterans Drive, Danielsville, Georgia 30633. 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. Wells Fargo Bank, NA. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for Ryan W. Porterfield McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosu rehotline, net MR/mxk 6/2/09 Our file no. 51022809- FT7 EXHIBIT A All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 204th District, G.M. of Madison County, Georgia, containing 1.10 acres, more or less, lying to the south of Veterans Drive, and being more particularly shown and delineated as Tract 2 by that certain plat of survey entitled “Survey & Plat for: Bron H. Porterfield”, prepared by F. B. Flournoy, Georgia regis tered surveyor, dated March 1, 1999, and recorded in Plat Book 35, Page 444, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said plat and record being incorpo rated herein by reference (MY7,14,21,28B/12062-60T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County By virtue of Power of Sale contained in Deed to Secure Debt from OTIS G. RIDEN, hereinafter GRANTOR, in favor of AMERICAN GENERAL FINANCIAL SERVICES, INC., dated the 30th day of June, 2006, and recorded the 10th day of July, 2006, in Deed Book 925, Page 77, Madison County, Georgia Records; said Deed to Secure Debt being given to secure a Promissory Note of even date in the original principal amount of FIVETHOUSAND SIX HUNDRED NINETY SIX AND 50/100THS DOLLARS ($5,696.50), with interest from date as stated therein; there will be sold by the undersigned at public out cry to the highest 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 prop erty: All that tract or parcel of land, with improvements thereon, lying and being situated in the 205th G.M. District, Madison County, Georgia, and being more accurately described in that certain quitclaim deed from Lonnie Walton and Buffie L. Bolton, Administrator of the Estate of Marion Walton to Buffie L. Bolton and Taffeney T. Bolton, dated November 11, 1996 and being further described in that plat of survey by James Flanders, Surveyor, dated March 29, 1971 recorded in Plat Book 13, Page 44, of the Madison County Deed Records whereon said lot is denominated as Lot 6 of Block C of Pine Meadows Subdivision; description contained in the above deed and plat are incorporated by reference into this instru ment; see also Deed Book D-8, Page 136. This is the same property conveyed by Quitclaim Deed from Double “O” Bonding Company, Inc., a Georgia Corporation to Otis Riden, dated 6/28/2006, recorded 7/10/2006, in Deed Book 925, Page 76, Madison County, Georgia Records. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remain ing 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, special assessments, unpaid util ity bills constituting liens against the property, and all Deeds to Secure Debt, liens and encumbrances existing when the above-described Deed to Secure Debt was filed for record. To the best of the undersigned’s knowl edge, information and belief, equitable title to this property is held by OTIS RIDEN. This property is located at 832 Clairmont Road, Comer, GA 30629. AMERICAN GENERAL FINANCIAL SERVICES, INC. as Attorney-in-Fact for the above-named Grantor AMERICAN GENERAL FINANCIAL SERVICES, INC. by Robert W. Broome, Attorney 1800 Peachtree Street, NW Suite 445 Atlanta, Georgia 30309 #404-350-8349 (MY7,14,21,28B/1331-50P) gpn11 Notice of Sale Notice of Sale Under Power in Security Deed Georgia, Madison County By virtue of the Power of Sale contained inthe Security Deed from LOUIS SKOMER and TRESA SKOMER to SUSAN SWINFORD and WAYNE SWINFORD, dated May 1, 2003, recorded in Deed Book 570, Page 74, in the Office of the Clerk of the Superior Court of Madison County, Georgia, given to secure a Note of even date in the original principal amount of SEVENTY-TWO THOUSAND AND NO/100 DOLLARS ($72,000.00), with interest from said date at the rate as stated in said Note on the unpaid balance until paid, there will be sold at public outcry to the high est and best 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, with all improvements thereon, situate, lying and being in the 204th District, G.M., Madison County, Georgia, containing 1.15 acres, more or less, and being more particularly shown and designated as “Lot 1, 1.15 acres” on a plat of survey entitled “Survey for Martin Van Horn”, dated August 2, 1983, by Sherald G. Sharp, Georgia Registered Land Surveyor, recorded in Plat Book 21, Page 127, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said plat being incorporated herein by ref erence thereto. There is situate on said tract a dwelling known as 989 Fowler Freeman Road, Danielsville, GA 30633, according to the pres ent system of numbering houses in Madison County, Georgia. The improvements on the property include a Chadwick Mobile Home, Serial #GAFLV05A27162CW11 and Serial #GAFLV05B27162CW11, with Title #35360618 and Title #35360617, which mobile home has been per manently affixed to the real estate and is a part thereof, the parties to this securi ty deed having agreed to same. 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 the Security Deed and by law, includ ing 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 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. To the best knowledge and belief of the undersigned, Louis Skomer and Tresa Skomer are in possession of said property. Susan Swinford and Wayne Swinford, as attor ney in fact for Louis Skomer and Tresa Skomer Robert B. Bates Cook, Noell, Tolley & Bates, LLP 304 East Washington Street Athens, GA 30601 (706) 549-6111 (MY6,13,20,27P4) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Madison Because of a default in the payment of the indebt edness secured by that cer tain Security Deed, dated August 27, 2007, executed by TRINA D. STRICKLAND A/K/A TRINA LYNN DUVALL, A/K/A TRINA LYNN STRICKLAND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 1051, Pages 26-40, Madison County, Georgia Deed Records, and securing a Note in the original principal amount of $243,000.00, Mortgage Electronic Registration Systems, Inc., the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale con tained in said Security Deed, will, on the first Tuesday in June, 2009, to-wit: June 2, 2009, during the legal hours of sale, before the Madison County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property: All that tract or parcel of land situate, lying and being in the 383rd GMD, Madison County, Georgia, contain ing 2.01 acres as shown on survey and plat entitled “Survey for Wedgewood” made by James M. Paul, Registered Land Surveyor, dated November 17, 1980, a copy of said plat being recorded in Plat Book 19, Page 711, in the Office of the Clerk of the Superior Court of Madison County, Georgia, said property lying on the westerly side of County Dirt Road No. 185. Plat and record are by refer ence incorporated herein. The aforedescribed real property is also known as 1238 Hunt Road, Danielsville, Georgia, according to the pres ent system of numbering houses in Madison County, Georgia. This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determi nation that the borrower has not reinstated the loan prior to the foreclosure sale. Said real property will be sold subject to any out standing ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspec tion of the real property, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Upon information and belief, said real property is presently in the posses sion or control of TRINA D. STRICKLAND A/K/A TRINA LYNN DUVALL, A/K/A TRINA LYNN STRICKLAND and the proceeds of said sale will be applied to the payment of said indebted ness and all the expenses of said sale, including attor ney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for TRINA D. STRICKLAND A/K/A TRINALYNN DUVALL, A/K/A TRINA LYNN STRICKLAND David W. Adams, Esquire Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, Suite 1001 Savannah, Georgia 31401 (912) 233-9700 THIS LAW FIRM IS AT TEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFER ENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PUR POSE. (MY7,14,21,28B/1328-60T4P) 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 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 0080-0102, 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 01032, Pages 0256-0258, aforesaid records (the “First Modification”), as further 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 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 origi nal principal sum of TWO MILLION FIVE HUNDRED TWO THOUSAND TWO HUNDRED SEVENTY- FOUR AND 00/100 DOLLARS ($2,502,274.00); ii) that certain renewal Promissory Note from Grantor to and in favor of Lender dated March 28, 2009 in the original princi pal sum of TWO HUNDRED THOUSAND 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 origi nal principal 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 origi nal principal sum of TWO MILLION ONE HUNDRED FORTY-FIVE THOUSAND AND 00/100 DOLLARS ($2,145,000.00) (collective ly, the “Notes”); there will be sold at public outcry 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: Tract No. 2: All that tract or parcel of land lying and being in GMD 262, Madison County, Georgia, and being more particularly described as fol lows: BEGINNING at the point of intersection of the center line of Lamar Creek with the southeasterly right of way Alvin Fort Lamar Road (80 foot right of way) and run ning thence generally south westerly along the center line of said creek the follow ing courses and distances: south 26 degrees 51 min utes 23 seconds west 107.71 feet; south 02 degrees 52 minutes 03 seconds east 05.66 feet; south 28 degrees 03 minutes 53 seconds west 143.57 feet, south 55 degrees 21 minutes 40 sec onds west 117.39 feet; south 38 degrees 14 minutes 24 seconds east 100.00 feet; south 37 degrees 31 minutes 55 seconds west 219.75 feet; south 45 degrees 10 minutes 22 seconds west 113.48 feet; south 04 degrees 40 minutes 57 seconds west 408.60 feet; south 49 degrees 58 minutes 06 seconds west 84.82 feet; south 04 degrees 56 minutes 36 seconds west 240.00 feet; south 16 degrees 14 minutes 53 sec onds west 147.55 feet; south 36 degrees 40 minutes 10 seconds west 75.53 feet; south 63 degrees 58 min utes 09 seconds west 50.20 feet; north 07 degrees 24 minutes 25 seconds west 38.88 feet; north 15 degrees 16 minutes 11 seconds west 57.09 feet; south 67 degrees 36 minutes 15 seconds west 43.36 feet; south 50 degrees 30 minutes 20 seconds west 129.89 feet; south 55 degrees 14 minutes 16 sec onds west 115.91 feet; south 80 degrees 15 minutes 26 seconds west 162.72 feet; south 64 degrees 19 min utes 23 seconds west 177.95 feet; south 50 degrees 19 minutes 50 seconds west 184.24 feet; south 36 degrees 58 minutes 12 sec onds west 153.58 feet; south 40 degrees 35 minutes 51 seconds west 103.99 feet; south 71 degrees 40 min utes 35 seconds west 110.22 feet; south 63 degrees 22 minutes 52 seconds west 171.24 feet; thence leaving the center line of said creek and running thence north 50 degrees 27 minutes 13 sec onds west 407.88 feet to an iron pin set; running thence north 74 degrees 06 minutes 13 seconds west 555.06 feet to a point; running thence north 75 degrees 12 minutes 13 seconds west 1,160.28 feet to an iron pin set; run ning thence north 82 degrees 06 minutes 57 seconds west 2,189.78 feet to a 55” post oak; running thence north 42 degrees 11 minutes 26 seconds east 261.09 feet to an iron pin set on the south westerly right of way of Alvin Fort Lamar Road; running thence generally northeast erly along the southeasterly right of way of Alvin Fort Lamar Road the following courses and distances: south 70 degrees 06 minutes 27 seconds east 187.91 feet; south 71 degrees 16 minutes 02 seconds east 178.12 feet; south 74 degrees 32 minutes 10 seconds east 117.51 feet; south 78 degrees 56 minutes 40 seconds east 102.38 feet; south 83 degrees 21 minutes 49 seconds east 103.02 feet; south 86 degrees 08 minutes 17 seconds east 96.30 feet; north 88 degrees 59 minutes 46 seconds east 121.40 feet; north 84 degrees 55 minutes 06 seconds east 115.20 feet; north 80 degrees 20 minutes 15 seconds east 105.14 feet; north 75 degrees 45 minutes 29 seconds east 106.15; north 71 degrees 59 minutes 00 seconds east 103.25 feet; north 67 degrees 58 minutes 32 seconds east 107.98 feet; north 63 degrees 04 minutes 49 seconds east 137.79 feet; north 58 degrees 42 minutes 30 seconds east 103.90 feet; north 56 degrees 28 minutes 45 seconds east 401.76 feet; north 59 degrees 14 minutes 35 seconds east 150.50 feet; north 65 degrees 54 minutes 33 seconds east 94.76 feet; north 67 degrees 03 minutes 32 seconds east 88.69 feet to an iron pin set; thence leaving said right of way and running thence south 71 degrees 08 minutes 45 seconds east 1,350.23 feet to an iron pin found; running thence north 54 degrees 06 minutes 15 seconds east 1,402.50 feet to an iron pin set; running thence south 89 degrees 53 minutes 45 seconds east 409.20 feet to an iron pin set; running thence north 07 degrees 06 minutes 15 seconds east 119.80 feet to an iron pin set on the southeasterly right of way of Alvin Fort Lamar Road; running thence north 80 degrees 28 minutes 57 seconds east along said right of way 177.58 feet to a point; running thence north 80 degrees 16 minutes 06 seconds east along said right of way 462.23 feet to the POINT OF BEGINNING; being a tract of 108.11 acres, shown as Tract No. 2 on sur vey for Charles C. Dinsmore, by Slate & Assoc.. Inc., dated February 21, 1997, last revised September 12, 2005. Tract No. 3: All that tract or parcel of land lying and being in GMD 262 of Madison County, Georgia, and being more particularly described as fol lows: BEGINNING at the point of intersection of the cen ter line of Lamar Creek with the northeasterly right of way of Bishop Carey Road (60 foot right of way); running thence generally northeast erly along the center line of Lamar Creek the following courses and distances; north 30 degrees 06 minutes 36 seconds east 171.88 feet; north 43 degrees 13 minutes 36 seconds east 139.00 feet; north 24 degrees 06 minutes 36 seconds east 129.90 feet; north 25 degrees 10 minutes 36 seconds east 212.00 feet; south 72 degrees 21 minutes 36 seconds west 96.00 feet; north 42 degrees 50 minutes 24 seconds west 169.90 feet; north 34 degrees 07 minutes 36 seconds east 160.01 feet; south 44 degrees 53 min utes 24 seconds east 63.00; north 34 degrees 09 minutes 36 seconds east 99.90 feet; north 24 degrees 42 minutes 24 seconds west 118.00 feet; north 30 degrees 24 minutes 20 seconds west 332.00 feet; north 30 degrees 10 minutes 36 seconds east 175.10 feet; north 52 degrees 06 minutes 36 seconds east 245.04 feet; north 84 degrees 07 minutes 36 seconds east 80.90 feet; north 34 degrees 06 minutes 36 seconds east 160.00 feet; south 86 degrees 39 min utes 24 seconds east 109.10 feet; north 64 degrees 06 minutes 36 seconds 174.92; north 46 degrees 09 minutes 36 seconds east 145.30 feet; south 79 degrees 49 minutes 24 seconds east 75.06 feet; south 59 degrees 52 minutes 24 seconds east 118.00 feet; north 89 degrees 53 minutes 02 seconds east 97.87 feet; thence leaving the center line of said creek and running thence north 07 degrees 02 minutes 47 seconds east 1,560.38 feet to an iron pin set; running thence south 75 degrees 12 minutes 13 sec onds east 1,160.28 feet to a point; running thence south 74 degrees 06 minutes 13 seconds east 555.06 feet to an iron pin set; running thence south 50 degrees 27 minutes 13 seconds east 407.88 feet to a point in the center line of Lamar Creek; running thence northeast erly along the center line of Lamar Creek the following courses and distances: north 63 degrees 22 minutes 52 seconds east 171.24 feet; north 71 degrees 40 minutes 35 seconds east 110.22 feet; north 40 degrees 35 min utes 51 seconds east 103.99 feet; north 36 degrees 58 minutes 12 seconds east 153.58 feet; thence leaving the center line of said creek and running thence south 79 degrees 19 minutes 07 seconds east 3,006.20 feet to an iron pin set; running thence north 13 degrees 43 minutes 07 seconds west 131.67 feet to an iron pin set on the southwesterly right of way Georgia Highway No. 106 (100 feet right of way), which point is 0.40 miles as measured along said right of way from its intersection with the southerly right of way of Alvin Fort Lamar Road; run ning thence southeasterly along the southwesterly right of way Georgia Highway No. 106 the following courses and distances: south 41 degrees 39 minutes 51 sec onds 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 east 84.02 feet; south 62 degrees 59 minutes 49 seconds east 161.36 feet; south 53 degrees 11 minutes 17 seconds east 158.81; south 42 degrees 54 minutes 33 seconds east 172.16 feet; south 13 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 min utes 24 seconds west 100.69 feet; south 06 degrees 22 continued on following page