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PAGE 8B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. MAY 28. 2009
Public Notices Continued
on an “as is, where is” basis
without recourse against
Lender and without repre
sentation or warranty of any
kind or nature whatsoev
er by Lender with respect
thereto.
The proceeds of the sale
are to be applied first to
the expenses of the sale
and all proceedings in con
nection therewith, includ
ing attorneys’ fees (notice
of intention to collect attor
neys’ fees having been
given), then to the payment
of all sums secured by the
Security Deeds, and the
remainder, if any, will be
paid to the person or per
sons legally entitled thereto,
all as provided in the Notes
and Security Deed. The
Premises shall be sold as
the property of Grantor, sub
ject to all restrictions, ease
ments and other matters of
record that are prior to the
Security Deed and to which
the Security Deed is sub
ject and to any unpaid city,
county and state ad valorem
taxes or assessments relat
ing to the Premises.
To the best of the under
signed’s knowledge and
belief, the owner of the
Premises is the Grantor and
the party or parties in pos
session of the Premises is
the Grantor or tenants of the
Grantor.
GEORGIAN BAN
As Attorney-in-Fact for
CHARLES C. DINSMORE
James M. Ottley, Esq.
Morris, Manning & Martin,
L.L.P.
1600 Atlanta Financial
Center
3343 Peachtree Road,
N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY7,14,21,28P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the
Power of Sale in a certain
Deed to Secure Debt from
JAMES R. DALTON and
LISA A. DALTON, Grantors,
to PINNACLE BANK,
Grantee, dated January
9, 2006, and recorded at
Deed Book 00873, Pages
0211-0214, Madison County
Public records; said Deed
to Secure Debt having been
given to secure a promis
sory note from JAMES
R. DALTON and LISA A.
DALTON in the original prin
cipal amount of SEVENTY-
ONE THOUSAND TWO
HUNDRED NINETY-ONE
AND 14/100 DOLLARS
($71,291.14) and any
renewals or modifica
tions thereof, there will be
sold by the undersigned
in front of the Courthouse
door in Madison County,
Danielsville, Georgia, on the
first Tuesday in June, 2009,
the same being June 2,
2009, during the legal hours
of sale to the highest bid
der for cash, the following
described property, to-wit:
TRACT ONE: All that tract
or parcel of land, togeth
er with all improvements
thereon, lying and being in
the 438th G.M. District of
Madison County, Georgia,
containing 0.5 of an acre,
and being particularly
described as follows:
Beginning at iron pin set at
Southerly most corner of the
within Tract which iron pin
is located North 45 degrees
33 minutes 15 seconds
East 225.88 feet from an
iron pin found; and running
thence North 41 degrees 17
minutes 45 seconds West
208.83 feet to an iron pin;
thence South 41 degrees
17 minutes 45 seconds East
208.83 feet to an iron pin;
thence South 45 degrees 33
minutes 15 seconds West
104.45 feet to the iron pin
corner of beginning.
Said tract of land is partic
ularly shown and delineated
on a plat entitled “Survey
for: James R. Dalton” pre
pared by James M. Paul,
Registered Land Surveyor,
dated November 7, 1988,
recorded in Plat Book 26,
Page 434, Madison County
Clerk of Superior Court
Records, which plat and
recordation are by reference
incorporated herein.
TRACT TWO: All that tract
or parcel of land, lying and
being in the 438th G.M.
District of Madison County,
Georgia, containing 1.41
acres, more or less, and
being particularly described
now or formerly as follows:
On the North by State Route
No. 191; on the East by
lands of James R. Dalton;
on the South by lands of
Miller; on the West by lands
of Dobbs.
Said tract of lands being
more particularly described
as Tract No. 3 accord
ing to a plat of survey for
James Ricky Dalton pre
pared by Kenneth V. Cash,
Registered Land Surveyor,
dated October 18, 1993
which plat is recorded in
Plat Book 29, Page 320,
Public Records of Madison
County, Georgia, said plat
and the recordation thereof
are by reference incorporat
ed herein and made a part
of this legal description.
ALSO CONVEYED a
non-exclusive perpetual
easement 60 foot in width
for the purpose of ingress
and egress, connecting the
above described property
with right-of-way of Georgia
Highway No. 191, being
more particularly delineated
in a plat of survey as record
ed in Plat Book 29, Page
348, Madison County Public
Records.
ALSO CONVEYED a 1985
Summit Doublewide Mobile
Home, Serial Numbers
H40910GL and H40910GR.
THIS CONVEYANCE is
made subject to all zon
ing ordinances, easements,
rights-of-way for public roads
and public utilities and any
restrictions of record affect
ing said described property.
Re: Deed Book G-11,
Page 60, Madison County
Public Records.
Deed Book E-11, Page
686, Madison County Public
Records.
Deed Book H-9, Page
35, Madison County Public
Records.
The debt secured by
said Deed to Secure Debt
has been and is hereby
declared due and payable in
full because of non-payment
pursuant to the terms of
said Deed to Secure Debt.
The indebtedness remain
ing in default, the sale will
be made for the purpose of
applying proceeds thereof to
the payment of the indebted
ness secured by the Deed to
Secure Debt, accrued inter
est and expenses of the sale
and other sums secured by
the Deed to Secure Debt,
including attorney’s fees,
and the remainder, if any,
shall be applied as provided
by law.
To the best of the under
signed’s knowledge and
belief the property is in
the possession of JAMES
R. DALTON and LISA A.
DALTON and said property
will be sold as the property
of JAMES R. DALTON and
LISA A. DALTON subject
to outstanding ad valorem
taxes, prior encumbranc
es, if any, and easements,
covenants or restrictions of
record. The undersigned will
execute a Deed to the pur
chaser at said sale as pro
vided in the Deed to Secure
Debt.
Notice of the initiation of
proceedings to exercise the
said power of sale and to
collect attorneys fees as
provided in the said note
has been given to JAMES
R. DALTON and LISA A.
DALTON as provided by law
in §§44-14-162.2 and 13-1-
11, respectively, Official
Code of Georgia Annotated.
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. AND ANY INFOR
MATION OBTAINED WILL
BE USED FOR THAT PUR
POSE.
PINNACLE BANK
Attorney-in-Fact for JAMES
R. DALTON and LISA A.
DALTON
Crudup & Hendricks, LLP
Attorneys At Law
P. O. Box 187
Covington, Georgia
30015
(770) 786-0678
(MY7,14,21,28P4)
gpn11
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
CRYSTAL L. PRICE and
GARY R. PRICE, JR. to
MORTGAGE ELECTRONIC
REGISTRATION
SYSTEMS, INC. dated
January 26, 2007, in the
amount of $137,025.00,
and recorded in Deed
Book 986, Page 224,
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 indebted
ness 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 out
cry to the highest bidder for
cash, the property described
in said deed to-wit:
All that tract and parcel
of land, together with all
improvements thereon, lying
and being in GMD 205, in
the City of Comer, Madison
County, Georgia, being fur
ther shown and delineated
as 1.356 acres, more or
less, on a plat of survey
entitled survey for Gary R.
Price & Crystal L. Price,
prepared 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 identification 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 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 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.
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 indebted
ness, the expense of said
sale, all as provided in said
deed, and the undersigned
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)
gpn11
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.
LITTLEandCHRISJ.LOWEto
MORTGAGE ELECTRONIC
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, togetherwith 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
herein; Being the same prop
erty 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,
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 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
provided in the aforemen
tioned 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 OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MY7,14,21,28B/1325-60)
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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 herein.
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 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 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
provided in the aforemen
tioned 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 OBTAINED
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
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 trans
ferred to Wells Fargo Bank
N.A. 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 origi
nal 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
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 undersigned,
the party in possession of
the property is Mark David
Lumpkin or a tenant or ten
ants and said property is
more commonly known as
1603 Madison St., 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.
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 particular
ly shown on a plat enti
tled “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
purposes of the description
and identification and for all
other purposes allowed by
law.
(MY7,14,21,28B/12062-60T1P)
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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 KENNA L. HOBBS to
MORTGAGE ELECTRONIC
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 assign
ment, the undersigned,
Mortgage Electronic
continued on following page