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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. JUNE 11.2009 - PAGE 9C
Public Notices Continued
degrees 06 minutes 13 sec
onds 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; running
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 southeast
erly right of way of Alvin
Fort Lamar Road the follow
ing courses and distances:
south 70 degrees 06 min
utes 27 seconds east 187.91
feet; south 71 degrees 16
minutes 02 seconds east
178.12 feet; south 74
degrees 32 minutes 10 sec
onds east 117.51 feet; south
78 degrees 56 minutes 40
seconds east 102.38 feet;
south 83 degrees 21 min
utes 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 sec
onds 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 sec
onds east 107.98 feet; north
63 degrees 04 minutes 49
seconds east 137.79 feet;
north 58 degrees 42 min
utes 30 seconds east 103.90
feet; north 56 degrees 28
minutes 45 seconds east
401.76 feet; north 59
degrees 14 minutes 35 sec
onds 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 center
line of Lamar Creek with
the northeasterly right of
way of Bishop Carey Road
(60 foot right of way); run
ning thence generally north
easterly along the center
line of Lamar Creek the
following courses and dis
tances; north 30 degrees
06 minutes 36 seconds
east 171.88 feet; north 43
degrees 13 minutes 36 sec
onds east 139.00 feet; north
24 degrees 06 minutes 36
seconds east 129.90 feet;
north 25 degrees 10 min
utes 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 sec
onds east 160.01 feet; south
44 degrees 53 minutes 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 sec
onds east 175.10 feet; north
52 degrees 06 minutes 36
seconds east 245.04 feet;
north 84 degrees 07 min
utes 36 seconds east 80.90
feet; north 34 degrees 06
minutes 36 seconds east
160.00 feet; south 86
degrees 39 minutes 24 sec
onds east 109.10 feet; north
64 degrees 06 minutes 36
seconds 174.92; north 46
degrees 09 minutes 36 sec
onds east 145.30 feet; south
79 degrees 49 minutes 24
seconds east 75.06 feet;
south 59 degrees 52 min
utes 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 seconds east
1,160.28 feet to a point;
running thence south 74
degrees 06 minutes 13 sec
onds east 555.06 feet to an
iron pin set; running thence
south 50 degrees 27 min
utes 13 seconds east 407.88
feet to a point in the center
line of Lamar Creek; running
thence northeasterly along
the center line of Lamar
Creek the following cours
es and distances: north 63
degrees 22 minutes 52 sec
onds 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 south
erly right of way of Alvin
Fort Lamar Road; running
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 min
utes 46 seconds east 171.08
feet; south 78 degrees 11
minutes 47 seconds east
168.45 feet; south 80
degrees 34 minutes 37 sec
onds east 186.34 feet; south
80 degrees 44 minutes 26
seconds east, 168.45 feet;
south 78 degrees 02 min
utes 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 sec
onds east 158.81; south 42
degrees 54 minutes 33 sec
onds east 172.16 feet; south
13 degrees 39 minutes 01
seconds east 125.33 feet;
south 23 degrees 58 min
utes 16 seconds east 156.71
feet; south 14 degrees 05
minutes 34 seconds east
165.66 feet; south 05
degrees 04 minutes 54 sec
onds east 101.01 feet; south
01 degrees 15 minutes 24
seconds west 100.69 feet;
south 06 degrees 22 min
utes 11 seconds west 60.69
feet to an iron pin set; thence
leaving said right of way
and running thence north
82 degrees 54 minutes 51
seconds west 1,332.03 feet
to a rock pile at nail found;
running thence south 13
degrees 29 minutes 59 sec
onds 1,241.39 feet to an iron
pin set; running thence north
81 degrees 51 minutes 37
seconds west 251.02 feet to
an 8” hickory tree; running
thence north 81 degrees 51
minutes 37 seconds west
2,851.22 feet to an iron pin
set; running thence south
08 degrees 39 minutes 52
seconds west 982.74 feet
to an iron pin set; running
thence south 08 degrees 50
minutes 49 seconds west
2,094.92 feet to a point in
the center line of a branch;
running thence generally
northwesterly along the
center line of said branch
the following courses and
distances: south 71 degrees
44 minutes 16 seconds west
22.93 feet; north 69 degrees
00 minutes 01 seconds west
60.21 feet; north 00 degrees
42 minutes 21 seconds east
85.00 feet; north 14 degrees
03 minutes 00 seconds east
30.03 feet; north 23 degrees
50 minutes 00 seconds
west 42.43 feet; north 88
degrees 37 minutes 03 sec
onds west 88.63 feet; south
59 degrees 49 minutes 35
seconds west 32.03 feet;
north 17 degrees 29 min
utes 35 seconds west 32.02
feet; north 60 degrees 45
minutes 32 seconds west
121.86 feet; thence north 42
degrees 05 minutes 23 sec
onds west 135.10 feet; north
07 degrees 53 minutes 50
seconds west 103.53 feet;
north 28 degrees 19 minutes
54 seconds west 161.76
feet; north 42 degrees 17
minutes 53 seconds east
42.64 feet; north 54 degrees
19 minutes 50 seconds west
84.56 feet; north 01 degrees
08 minutes 13 seconds east
95.93 feet; north 49 degrees
55 minutes 53 seconds east
42.49 feet; north 60 degrees
45 minutes 58 seconds
west 113.30 feet; north 45
degrees 57 minutes 37 sec
onds west 11.54 feet; north
14 degrees 57 minutes 57
seconds west 98.22 feet;
south 86 degrees 29 min
utes 24 seconds east 103.43
feet; north 28 degrees 59
minutes 11 seconds west
100.05 feet; thence leaving
said center line and running
thence north 63 degrees 58
minutes 28 seconds west
1,844.76 feet to an iron pin
found; running thence south
73 degrees 01 minutes 32
seconds west 301.62 feet
to an iron pin set; running
thence south 55 degrees 01
minutes 32 seconds west
60.38 feet to a point on
the northerly right of way of
Bishop Carey Road; running
thence generally northwest
erly along the northeasterly
right of way of Bishop Carey
Road the following cours
es and distances; north 84
degrees 09 minutes 59 sec
onds west 80.16 feet; north
70 degrees 46 minutes 00
seconds west 99.60 feet;
north 57 degrees 46 minutes
32 seconds west 101.61
feet; north 46 degrees 20
minutes 55 seconds west
98.44 feet; north 40 degrees
00 minutes 14 seconds west
62.16 feet; north 30 degrees
13 minutes 34 seconds
west 157.85 feet; north 24
degrees 50 minutes 57 sec
onds west 51.98 feet; north
24 degrees 50 minutes 57
seconds west 491.89 feet to
the intersection of the cen
ter line of Lamar Creek and
the POINT OF BEGINNING;
being a tract of 512.63
acres as shown on survey
for Charles C. Dinsmore,
by Slate by Assoc., Inc.,
dated February 21, 1997,
and being Tract No 3. on
said survey, last revised
September 12, 2005.
Tract No. 4:
All that tract or parcel
of land lying and being in
GMD 262, Madison County,
Georgia, and being more
particularly described as fol
lows:
TO FIND THE TRUE
POINT OF BEGINNING,
commence at the intersec
tion of the center line of
Lamar Creek with the south
easterly right of way of Alvin
Fort Lamar Road (80 foot
right of way) and running
thence generally southwest
erly along the center line
of said creek the following
courses and distances: south
26 degrees 51 minutes 23
seconds west 107.71 feet;
south 02 degrees 52 min
utes 03 seconds east 85.66
feet; south 28 degrees 03
minutes 53 seconds west
143.57 feet; south 55
degrees 21 minutes 40
seconds west 117.39 feet,
south 38 degrees 14 min
utes 24 seconds east 100.00
feet; south 37 degrees 31
minutes 55 seconds west
219.75 feet; south 45
degrees 10 minutes 22 sec
onds west 113.48 feet; south
04 degrees 40 minutes 57
seconds west 408.60 feet;
south 49 degrees 58 min
utes 06 seconds west 84.82
feet; south 04 degrees 56
minutes 36 seconds west
240.00 feet; south 16
degrees 14 minutes 53
seconds west 147.55 feet;
south 36 degrees 40 min
utes 10 seconds west 75.53
feet; south 63 degrees 58
minutes 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; thence leav
ing the center line of said
creek, 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 of Georgia Highway
No. 106 (100 foot right of
way), which point of 0.40
miles southeasterly, as
measured along said right
of way, from its intersec
tion with the southerly right
of way of Alvin Fort Lamar
Road; running thence gener
ally southeasterly along the
southwesterly right of way
Georgia Highway No. 106
the following courses and
distances: south 41 degrees
39 minutes 51 seconds
east 147.92 feet; south 54
degrees 09 minutes 30 sec
onds east 177.01 feet; south
67 degrees 20 minutes 46
seconds east 171.08 feet;
south 78 degrees 11 min
utes 47 seconds east 168.45
feet; south 80 degrees 34
minutes 37 seconds east
186.34 feet; south 80
degrees 44 minutes 26 sec
onds East 168.45 feet; south
78 degrees 02 minutes 45
seconds east 170.27 feet;
south 70 degrees 33 min
utes 29 seconds 84.02 feet;
south 62 degrees 59 min
utes 49 seconds east 161.36
feet; south 53 degrees 11
minutes 17 seconds east
158.81 feet; south 42
degrees 54 minutes 33 sec
onds east 172.16 feet; south
33 degrees 39 minutes 01
seconds east 125.33 feet;
south 23 degrees 58 min
utes 16 seconds east 156.71
feet; south 14 degrees 05
minutes 34 seconds east
165.66 feet; south 05
degrees 04 minutes 54 sec
onds east 101.01 feet south
01 degrees 15 minutes 24
seconds west 100.69 feet;
south 06 degrees 22 min
utes 11 seconds west 60.69
feet to an iron pin set at
the true TRUE POINT OF
BEGINNING; from the TRUE
POINT OF BEGINNING thus
established, running thence
north 82 degrees 54 minutes
51 seconds west 1,332.03
feet to a rock pile at nail
found/ running thence south
13 degrees 29 minutes 59
seconds west 1,241.39 feet
to an iron pin set; running
thence north 81 degrees 51
minutes 37 seconds west
251.02 feet to a 8” hickory
tree; running thence south
23 degrees 24 minutes 52
seconds west 458.73 feet
to an iron pin set; running
thence south 78 degrees
05 minutes 08 seconds east
200.06 feet to an iron pin
found; running thence south
79 degrees 02 minutes 04
seconds east 339.99 feet to
an iron pin found; running
thence south 40 degrees
33 minutes 33 seconds east
164.94 feet to an iron pin
found; running thence south
45 degrees 31 minutes 46
seconds east 175.54 feet
to an iron pin found; run
ning thence; running thence
south 42 degrees 59 minutes
54 seconds east 209.25 feet
to an iron pin found; running
thence south 52 degrees 32
minutes 46 seconds east
99.19 feet to an iron pin
found; running thence south
60 degrees 58 minutes 50
seconds east 91.01 feet to
an iron pin found; running
thence south 83 degrees
57 minutes 07 seconds east
193.82 feet to an iron pin
found; running thence south
85 degrees 56 minutes 05
seconds east 74.84 feet
to an iron pin set; running
thence north 13 degrees 36
minutes 23 seconds east
134.64 feet to an iron pin
set; running thence south
86 degrees 23 minutes 37
seconds east 339.36 feet to
an iron pin set on the west
erly right of way of Georgia
Highway No. 106; running
thence north 14 degrees 42
minutes 30 seconds east
97.44 feet along said west
erly right of way; running
thence north 12 degrees 23
minutes 41 seconds east
146.90 feet along said west
erly right of way; running
thence north 09 degrees 40
minutes 51 seconds east
1,430.17 feet along the
said right of way to a point;
running thence north 08
degrees 15 minutes 49 sec
onds east 311.89 feet along
said right of way to an iron
pin set at the TRUE POINT
OF BEGINNING; being a
tract of 66.18 acres desig
nated as Tract No. 4 of sur
vey for Charles C. Dinsmore
by Slate & Assoc., Inc,
dated February 21, 1997,
last revised September 12,
2005 (the “Land”).
Together with all buildings,
structures and improve
ments of every nature
whatsoever now or here
after situated on the Land,
and all gas and electric fix
tures, radiators, heaters,
engines and machinery,
boilers, ranges, elevators
and motors, plumbing and
heating fixtures, carpeting
and other floor coverings,
fire extinguishers and any
other safety equipment
required by governmental
regulation or law, washers,
dryers, water heaters, mir
rors, mantels, air condition
ing apparatus, refrigerating
plants, refrigerators, cook
ing apparatus and appur
tenances, window screens,
awnings and storm sash
es, owned by Grantor and
attached to said buildings,
structures or improvements
and all other furnishings,
furniture, fixtures, machin
ery, equipment, appliances,
vehicles, building supplies
and materials, books and
records, chattels, inventory,
accounts, farm products,
consumer goods, general
intangibles and personal
property of every kind and
nature whatsoever now or
hereafter owned by Grantor
and located in, on or about,
or use or intended to be
used with or in connec
tion with the use, operation
or enjoyment of the Land,
including all extensions,
additions, improvements,
betterments, after-acquired
property, renewals, replace
ments and substitutions, or
proceeds from a permitted
sale of any of the foregoing,
and all the right, title and
interest of Grantor in any
such furnishings, furniture,
fixtures, machinery, equip
ment, appliances, vehicles
and personal property sub
ject to or covered by any
prior security agreement,
conditional sales contract,
chattel mortgage or similar
lien or claim, together with
the benefit of any deposits
or payments now or hereaf
ter made by Grantor or on
behalf of Grantor, all trade-
names, trademarks, ser
vicemarks, logos and good
will related thereto which in
any way now or hereafter
belong, relate or appertain
to the Land or any part
thereof or are now or here
after acquired by Grantor;
and all inventory, accounts,
chattel paper, documents,
equipment, fixtures, farm
products, consumer goods
and general intangibles con
stituting proceeds acquired
with cash proceeds of any of
the property described here
in above, all of which are
hereby declared and shall
be deemed to be fixtures
and accessions to the Land
and a part of the Land as
between the parties hereto
and all persons claiming by,
through or under them, and
which shall be deemed to
be a portion of the secu
rity for the indebtedness
herein described and to
be secured by the Security
Deed. The location of the
above described collateral
is also the location of the
Land.
Together with all ease
ments, rights-of-way, strips
and gores of land, vaults,
streets, ways, alleys, pas
sages, sewer rights, waters,
water courses, water rights
and powers, minerals, flow
ers, shrubs, crops, trees, tim
ber and other emblements
now or hereafter located on
the Land or under or above
the same or any part or par
cel thereof, and all estates,
rights, titles, interests, privi
leges, liberties, tenements,
hereditaments and appur
tenances, reversion and
reversions, remainder and
remainders, whatsoever, in
any way belonging, relating
or appertaining to the Land
or any part thereof, or which
hereafter shall in any way
belong, relate or be appur
tenant thereto, whether now
owned or hereafter acquired
by Grantor.
Together with all income,
rents, issues, profits and
revenues of the Land
from time to time accruing
(including without limitation
all payments under leases
or tenancies, proceeds of
insurance, condemnation
payments, tenant security
deposits whether held by
Grantor or in a trust account,
and escrow funds), and all
the estate, right, title, inter
est, property, possession,
claim and demand whatso
ever at law, as well as in
equity, or Grantor of, in and
to the same.
The indebtedness evi
denced by the Notes is due
and payable and remains
unpaid. The Security Deed
therefore has become and
is now foreclosable accord
ing to its terms. Accordingly,
the Premises will be sold
at public outcry pursuant to
the terms of the power of
sale provided in the Security
Deed.
The Premises will be sold
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 connection
therewith, including attor
neys’ fees (notice of inten
tion to collect attorneys’ fees
having been given), then
to the payment of all sums
secured by the Security
Deed, and the remainder, if
any, will be paid to the per
son or persons legally enti
tled thereto, all as provided
in the Notes and Security
Deed. The Premises shall
be sold as the property of
Grantor, subject to all restric
tions, easements and other
matters of record that are
prior to the Security Deeds
and to which the Security
Deed is subject and to any
unpaid city, county and
state ad valorem taxes or
assessments relating 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 BANK
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
(JN11,18,25,JN2P4)
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 i) 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 0050-0068,
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
01033, Pages 0001-0003,
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,
continued on following page