The Madison County journal. (Hull, Ga.) 1989-current, June 25, 2009, Image 19

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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. JUNE 25. 2009 - PAGE 7B Public Notices Continued rior court of Madison County, Georgia, and being incorpo rated herein for a more par ticular description. The residence situated upon the above described property is known as 307 Main Street by the present system of numbering houses in the City of Comer, Madison County, Georgia. Said property is the same property conveyed from Merle B. Snelling to Jesse S. Sloan by Warranty Deed dated February 29, 1984, and recorded in Deed Book K-7, Page 394, said Clerk’s Office. (JN11,18,25, JU2B/12062-70T1P) 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 a Security Deed executed by DAVID D. BALLARD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 12, 2006, and recorded in Deed Book 966, Page 222, Madison County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Government National Mortgage Association by Assignment securing a Note in the original principal amount of $127,991.00, the holder thereof pursuant to said Deed and Note there by secured has declared the entire amount of said indebtedness due and pay able and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, July 7, 2009, dur ing the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bid der for cash, the property described in said Deed, to- wit: All that tract or parcel of land containing 1.39 acres, together with all improve ments thereon lying and being in the 204th GMD, Madison County, Georgia, and being particularly described as fol lows: Beginning at a pin on the southerly right of way of Georgia Highway No. 98 at the northwesterly most cor ner of the within tract, and running thence south 17.5 degrees east 346 feet to a pine; thence north 65 degrees east 346 feet to a pin located on the southerly right of way of Georgia Highway No. 98; thence the southerly right of way of Georgia Highway No 98 north 65 degrees west 463 feet to the pin of begin ning; Said tract of land is particu larly shown and delineated on a plat entitled “Survey for: J.C. Jordan” prepared by C.B. Ayers, Madison County land surveyor, dated December 31, 1953, recorded in Plat Book 24, page 597, Madison County Clerk of Superior Court records, which plat and record are by reference incorporated herein; Subject to existing ease ments for public roads and utilities now in use. Being the same property as conveyed to J.C. Jordan by warranty deed dated December 1, 1953, record ed in Deed Book S-3, Page 394, Madison County Clerk of Superior Court Records. Said property is known as 2933 Highway 98 W, Danielsville, GA 30633, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (includ ing taxes which are a lien, whether or not now due and payable), the right of redemp tion of any taxing author ity, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. 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 sta tus of the loan with the holder of the security deed. Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed. Said property will be sold as the property of David D. Ballard, the property, to the best information, knowledge and belief of the under signed, being presently in the possession of David D. Ballard, and the proceeds of said sale will be applied to the payment of said indebt edness and all the expenses of said sale, including attor ney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. Government National Mortgage Association as Attorney-in-Fact for David D. Ballard File no. 09-014483 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 (770)220-2535/AVR www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COL LECTOR. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PUR POSE. (JN11,18,25, JU2B/1323-70T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County By virtue of the power of sale contained in a Deed to Secure Debt and its modi fications from MIKE DAVID PULEO and RACHEL L. EPPS to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated October 3, 2008, and securing and original indebtedness in the amount of $28,000.00, and recorded at Deed Book 1149, Pages 226-230, in the Office of the Clerk of Superior Court of Madison County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Madison County, Georgia, during the legal hours of sale on the first Tuesday in July, 2009, the following described property, to wit: All that tract or parcel of land lying and being in the 203rd GMD, Madison County, Georgia, being designated as Lot 12, containing 5.0 acres, more or less, as shown on that plat and survey for Jerry Fletcher and Edgar Fletcher by Ringo & Sadler, dated December 18, 2001, and recorded in Plat Book B-79, Page 3, in the office of the Clerk of Superior Court of Madison County, Georgia. Said plat as recorded, is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zon ing ordinances, easements, covenants and restrictions of record affecting said bar gained premises. The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebted ness and any other indebt edness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Mike David Puleo and Rachel L. Epps, subject to any taxes, easements and assessments appearing of record. 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 sta tus of the loan with the holder of the security deed. To the best of the under signed’s knowledge, the property is in the posses sion of Mike David Puleo and Rachel L. Epps. First Piedmont Financial Services, as attorneys in fact for Mike David Puleo and Rachel L. Epps. Scott R. Tolbert Tolbert Bradford, LLC Attorney at Law 62 Washington Street Jefferson, Georgia 30549 (706) 367-5290 www.tolbertbradford.com (JN11,18,25, JU2B/344-40) Email legals to: legals@ mainstreetnews.com 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 ARAN DA NUNN and WILLIAM NUNN to OPTION ONE MORTGAGE CORPORATION, a California Corporation dated October 10, 2005, in the amount of $80,750.00, and recorded in Deed Book 851, Page 1, Madison County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT2, Asset- Backed Certificates, Series 2006-OPT2 by assign ment, the undersigned, Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT2, Asset- Backed Certificates, Series 2006-OPT2 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebt edness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 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 lying and being in the 262nd District, G.M., Madison County, Georgia, and being Lot 5 of Glenwood Subdivision consisting of 2.55 acres, more or less, as more particularly shown on a plat of survey prepared for Richard W. Bibby by Sherald G. Sharp, Registered Surveyor, dated April 26, 1994, recorded at Plat Book 31, Page 22, in the Office of the Clerk of Superior Court of Madison County, Georgia, and incorporated herein and made a part hereof by ref erence for a more detailed description. Also conveyed herewith is one 1994 Peach State Mobile Home, Serial # PSHGA-15747AB. Subject to the following restrictive covenants: 1. No inoperative cars or trucks are to be placed on said property. 2. No chicken house, hog parlors, trash or debris on said property. 3. No mobile homes older than five years old will be on the property. This conveyance is made subject to all zoning ordi nances, easements and restrictions of record affect ing said bargained premises. which has the property address of 215 Country Lane, 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 sta tus 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 Aranda Nunn aka Ann Nunn and William Nunn and the proceeds of said sale will be applied to the payment of said indebt edness, 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. Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT2, Asset-Backed Certificates, Series 2006- OPT2 Attorney in Fact for Aranda Nunn and William Nunn Anthony DeMarlo, Attorney/ thayle McCurdy & Candler, L.L.C. (404) 373-1612 www. mccu rdycand ler. com File No. 08-13376 /CONV 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. (JN11,18.25.JN2B/1325-60) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County By Deed to Secure Debt dated December 6, 2007, recorded in Deed Book 1072, Page 62, in the Office of the Clerk of Superior Court of Madison County, Georgia (the “Deed”), JESSICA J. SIMS conveyed the real estate described therein to OCONEE TIMBER HOLDINGS, INC. to secure a debt evidenced by Note dated December 6, 2007, in the original princi pal amount of $75,900.00 (the “Note”), which Note and Deed were subsequently assigned to RPG, SR., LLC by Assignment recorded in Deed Book 1158, Page 123, in said Clerk's Office. Because of default in the payment of the indebtedness secured by the Deed, and said default not having been made good in accordance with the terms and provisions of the Deed and the Note for which same was given as security, the undersigned, pursuant to the Deed and the Note secured thereby, has declared the entire amount of the indebtedness so secured by the Deed, due, payable and collectible, and, pursu ant to and in conformity with power of sale contained in the Deed, will on the first Tuesday in July, 2009, with in the legal hours of sale before the Courthouse door in Danielsville, Madison County, Georgia, sell at pub lic sale to the highest and best bidder for cash, the real estate described in said deeds, to-wit: All that lot, tract or parcel of land, situate, lying and being on the easterly side of Hill Street, in the City of Comer, the 205th District, G.M., Madison County, Georgia, and being described as Lot 8 containing 2.00 acres, Phase I, Block “A”, as shown and described according to a plat of survey entitled “Final Subdivision Plat for Hill Street Subdivision Block ‘A’ & ‘B’”, prepared by James R. Smith, Georgia Registered Land Surveyor No. 2407, dated August 23, 2004 and recorded in Plat Book B131, Page 8A, in the Office of the Clerk of the Superior Court of Madison County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed. The real estate is in the possession of Jessica J. Sims. The above property is known as 1480 Hill Street, Comer, GA 30629. The real estate described above will be sold subject to any and all unpaid taxes and assessments. Said real estate will be sold and the proceeds of said sale applied by the under signed all as provided in said power of sale and the Deed containing said power. This 22nd day of May, 2009. RPG, SR., LLC as attorney in fact for Donald W. Hansford, PC Jessica J. Sims Post Office Box 1376 Watkinsville, Georgia 30677 706/769-7409 THIS LAW FIRM IS AT TEMPTING TO COLLECT A DEBT. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PUR POSE. (JN 11,18,25, JU2P4) gpn11 Notice of Sale Notice of Sale Under Power in Security Deed State of Georgia County of Madison On December 19, 1991, JOANN OWENS HILL NEAVE executed a Deed to Secure Debt With Power of Sale to MERCHANTS & FARMERS BANK secur ing a note of even date in the amount of TWENTY THREE THOUSAND EIGHT HUNDRED EIGHT AND 99/100 DOLLARS ($23,808.99), said security deed being recorded in Deed Book F-10, Pages 754-756, Madison County Records. Said security deed conveyed the property hereinafter described. By virtue of the power of sale contained in said secu rity deed to Merchants & Farmers Bank there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Madison County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in July, the same being July 7, 2009, the following described property: All that tract or parcel of land lying and being in Fork District GM of Madison County, Georgia, containing 37.2 acres, more or less, and fully described in a plat of same made by A.P Stevens, Jr., surveyor, dated November 12, 1953, show ing an acreage of 45.4 acres, from which a tract of 8.2 acres was sold off. This sec ond tract, fully described in plat made by A.P. Stevens, Jr., dated February 27, 1960. The remaining acreage of 37.2 acres having the fol lowing metes and bounds, courses and distances; Beginning at a rock on the public road and running thence north 39 1/2 degrees west 334.7 feet; thence north 44 1/2 degrees west 391 feet; thence north 51 1/2 degrees west 250.8 feet; thence south 84 1/2 degrees west 452 feet; thence north 33-3/4 degrees east 3814 feet; thence south 44 1/2 degrees west 900 feet to a stake; thence south 18 degrees west 183 feet to a pin; thence south 50 1/4 degrees east 743 feet to the beginning corner. Said tract adjoining lands of W.J. Whitehead on the east; other lands of Mrs. Clora Perry and James Power on the north; lands of James Power and Stevens Martin & Co. on the west and south. Being the same property conveyed by deed under date of January 18, 1965, recorded in Deed Book P-4, Page 211, 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 security deed. The debt having been declared due and payable and remain ing unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the pur pose of paying the principal, accrued interest and attor ney’s fees pursuant to the note and security deed, plus all expenses of this sale. Said property will be sold as the property of JoAnn Owens Hill Neave 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 prop erty is now held by JoAnn Owens Hill Neave. The entity with full author ity to negotiate, amend and modify all terms of the mortgage with Debtors is Merchants & Farmers Bank, PO. 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 3rd day of June, 2009. Merchants & Farmers Bank Attorney-in-fact for JoAnn Owens Hill Neave Brian C. Ranck P. O. Box 1005 Toccoa, GA 30577 706-886-7533 Attorney for Merchants & Farmers Bank (JN11,18,25,JU2P4) gpn11 Notice of Sale Notice of Sale Under Power in Security Deed State of Georgia County of Madison On October 12, 2007, JOANN NEAVE executed a Deed to Secure Debt With Power of Sale to MERCHANTS & FARMERS BANK securing a note of even date in the amount of THIRTYTHREE THOUSAND NINE HUNDRED THIRTY- ONE AND 75/100 DOLLARS ($33,931.75), said security deed being recorded in Deed Book 1064, Pages 56-60, Madison County Records. Said security deed conveyed the property hereinafter described. By virtue of the power of sale contained in said secu rity deed to Merchants & Farmers Bank there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Madison County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in July, the same being July 7, 2009, the following described property: All that lot or parcel of land, together with all improvements thereon, lying and being in the 203rd District, G.M. of Madison County, Georgia, particularly described as follows: Beginning at a pin on the southwest side of the paved county road from Paoli to State Highway No. 72, said pin being 21 feet northwest erly from the land corners of Fortson as measured along the said road; running thence south 59 degrees 10 min utes west 210 feet to a pin; thence north 30 degrees 50 minutes west 210 feet to a pin; thence north 59 degrees 10 minutes east 210 feet to a pin on the southwest side of said road; thence along the southwest side of the road south 30 degrees 50 minutes east 210 feet to the corner of beginning. 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 security deed. The debt having been declared due and payable and remain ing unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the pur pose of paying the principal, accrued interest and attor ney’s fees pursuant to the note and security deed, plus all expenses of this sale. Said property will be sold as the property of JoAnn Neave and subject to out standing ad valorem taxes and/or easements and/or restrictive covenants appear ing 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 prop erty is now held by JoAnn Neave. The entity with full author ity to negotiate, amend and modify all terms of the mortgage with Debtors is Merchants & Farmers Bank, RO. 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 3rd day of June, 2009. Merchants & Farmers Bank Attorney-in-fact for JoAnn Neave Brian C. Ranck P. O. Box 1005 Toccoa, GA 30577 706-886-7533 Attorney for Merchants & Farmers Bank (JN11,18,25,JU2P4) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Madison Under and by virtue of the power of sale con tained 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, continued on following page