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PAGE 8B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. JULY 2. 2009
Public Notices Continued
53 seconds west 147.55 feet;
south 36 degrees 40 minutes
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 seconds west 115.91 feet;
south 80 degrees 15 minutes
26 seconds west 162.72 feet;
south 64 degrees 19 minutes
23 seconds west 177.95 feet;
south 50 degrees 19 minutes
50 seconds west 184.24 feet;
thence leaving 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; run
ning 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 mea
sured along said right of way,
from its intersection with the
southerly right of way of Alvin
Fort Lamar Road; running
thence generally southeast
erly along the southwest
erly right of way Georgia
Highway No. 106 the follow
ing courses and distances:
south 41 degrees 39 minutes
51 seconds 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 84.02 feet; south
62 degrees 59 minutes 49
seconds east 161.36 feet;
south 53 degrees 11 minutes
17 seconds east 158.81 feet;
south 42 degrees 54 minutes
33 seconds east 172.16 feet;
south 33 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 minutes
24 seconds west 100.69
feet; south 06 degrees 22
minutes 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; running
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 westerly right of
way of Georgia Highway No.
106; running thence north
14 degrees 42 minutes 30
seconds east 97.44 feet
along said westerly right of
way; running thence north
12 degrees 23 minutes 41
seconds east 146.90 feet
along said westerly 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 seconds 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
designated as Tract No.
4 of survey 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 what
soever now or hereafter situ
ated on the Land, and all gas
and electric fixtures, radia
tors, heaters, engines and
machinery, boilers, ranges,
elevators and motors, plumb
ing and heating fixtures, car
peting and other floor cover
ings, 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, cooking
apparatus and appurtenanc
es, window screens, awnings
and storm sashes, owned
by Grantor and attached to
said buildings, structures or
improvements and all other
furnishings, furniture, fix
tures, machinery, equipment,
appliances, vehicles, build
ing 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, service-
marks, logos and goodwill
related thereto which in any
way now or hereafter belong,
relate or appertain to the
Land or any part thereof or
are now or hereafter acquired
by Grantor; and all inventory,
accounts, chattel paper, doc
uments, equipment, fixtures,
farm products, consumer
goods and general intan
gibles constituting proceeds
acquired with cash pro
ceeds of any of the property
described herein 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 par
ties hereto and all persons
claiming by, through or under
them, and which shall be
deemed to be a portion of
the security for the indebted
ness 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 rev
enues of the Land from time
to time accruing (including
without limitation all payments
under leases or tenancies,
proceeds of insurance, con
demnation payments, tenant
security deposits whether
held by Grantor or in a trust
account, and escrow funds),
and all the estate, right,
title, interest, property, pos
session, claim and demand
whatsoever 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 whatsoever 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 intention
to collect attorneys’ fees hav
ing been given), then to the
payment of all sums secured
by the Security Deed, 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 Deeds 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 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
(JN11,18,25JN2P4)
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,
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
further modified by that cer
tain Corrective Modification
Agreement by and between
Grantor and Lender dated
March 28, 2008, filed for
record June 2, 2008, and
recorded in Deed Book
01114, Pages 0010-0011,
aforesaid records, re
recorded August 1, 2008,
and recorded in Deed Book
01126, Pages 0204-0205,
aforesaid records (the “Third
Modification”) (as modified,
the “Security Deed”); secur
ing i) that certain renewal
Promissory Note from Grantor
to and in favor of Lender
dated March 28, 2008 in the
original principal sum of TWO
MILLION FIVE HUNDRED
TWO THOUSAND TWO
HUNDREDSEVENTY-FOUR
AND 00/100 DOLLARS
($2,502,274.00); ii) that cer
tain renewal Promissory
Note from Grantor to and
in favor of Lender dated
March 28, 2009 in the origi
nal principal sum of TWO
HUNDRED THOUSAND
AND 00/100 DOLLARS
($200,000.00); iii) that cer
tain renewal Promissory
Note from Grantor to and in
favor of Lender dated March
28, 2008 in the original prin
cipal sum of SIX HUNDRED
THOUSAND AND 00/100
DOLLARS ($600,000.00);
iv) that certain renewal
Promissory Note from Grantor
to and in favor of Lender
dated March 28, 2008 in the
original 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 July, 2009, the
following described land,
improvements and appur
tenances (hereinafter col
lectively referred to as the
“Premises”) to wit:
Parcel One:
ALL that tract or parcel of
land situate, lying and being
in the 203rd GMD, Madison
County, Georgia, being
649.526 acres, more or less,
together with all improve
ments thereon, on the waters
of South Fork Broad River
and Broad River, and being
more particularly shown and
designated on a plat pre
pared by Carroll Surveying,
LLC, Stacy C. Carroll,
Registered Surveyor, dated
September 11, 2003, record
ed in Plat Book B115, pages
6A and 7A, Madison County
Records, which plat is incor
porated herein and made a
part hereof by reference.
Parcel Two:
ALL that tract or parcel
of land situate, lying and
being in the 203rd GMD,
Madison County, Georgia,
being 159.792 acres, more
or less, together with all
improvements thereon, on
the waters of Broad River,
and being more particularly
shown and designated on
a plat prepared by Carroll
Surveying, LLC, Stacy C.
Carroll, Registered Surveyor,
dated September 11, 2003,
recorded in Plat Book B115,
pages 6A and 7A, Madison
County Records, which plat
is incorporated herein and
made a part hereof by refer
ence (the “Land”).
Together with all buildings,
structures and improvements
of every nature whatsoever
now or hereafter situated on
the Land, and all gas and
electric fixtures, radiators,
heaters, engines and machin
ery, 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, mirrors, mantels,
air conditioning apparatus,
refrigerating plants, refrig
erators, cooking apparatus
and appurtenances, window
screens, awnings and storm
sashes, which are owned
by Grantor and attached to
said buildings, structures or
improvements and all other
furnishings, furniture, fix
tures, machinery, equipment,
appliances, vehicles, build
ing 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 hereafter
mad by Grantor or on behalf
of Grantor, all trade-names,
trademarks, servicemarks,
logos and goodwill related
thereto which in any way now
or hereafter belong, relate
or appertain to the Land or
any part thereof or are now
or hereafter acquired by
Grantor; and all inventory,
accounts, chattel paper, doc
uments, equipment, fixtures,
farm products, consumer
goods and general intan
gibles constituting proceeds
acquired with cash pro
ceeds of any of the property
described herein above, all
of which are hereby declared
and shall be deemed to be
fixtures and accessions to
the Land as between the
parties hereto and all per
sons claiming by, through or
under them, and which shall
be deemed to be a portion of
the security for the indebted
ness 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 rev
enues of the Land from time
to time accruing (including
without limitation all payments
under leases or tenancies,
proceeds of insurance, con
demnation payments, tenant
security deposits whether
held by Grantor or in a trust
account, and escrow funds),
and all the estate, right,
title, interest, property, pos
session, claim and demand
whatsoever 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 whatsoever 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 intention
to collect attorneys’ fees hav
ing 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 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, JU2P4)
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 LEONARD W. DILLS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated January 18, 2008,
and recorded in Deed Book
1084, Page 28, Madison
County Records, saidSecurity
Deed having been last sold,
assigned, transferred and
conveyed to Taylor, Bean
& Whitaker Mortgage Corp.
by Assignment securing a
Note in the original principal
amount of $173,565.00, the
holder thereof pursuant to
said Deed and 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,
August 4, 2009, during the
legal hours of sale, before
the Courthouse door in said
County, sell at public out
cry 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,
lying and being in the 438'
GMD, Madison County,
Georgia, being designat
ed as Lot 1, and contain
ing 4.0 acres, more or less,
as shown by plat of survey
for Tom Compton, prepared
by Piedmont Surveying
Company, Sherald G. Sharp,
GRLS #2044, dated March
18,1997, recorded in Plat
Book 35, Page 28,. said
County Records; which plat
and the recording thereof
are hereby incorporated
herein by reference for a
more detailed description of
the property, together with
that certain 20 foot private
access drive of ingress
and egress over, across
and through the property of
Tracey Lord and Jerry Lord
and running from the center
of County Dirt Road No. 60
in a Northwesterly direction
to the above described prop
erty which 20 foot easement
is more particularly shown
and delineated on the refer
enced plat and incorporated
herein by reference.
Said property is known
as 369 Faye Carey Road,
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 con
firmation and audit of the
status 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 Leonard
W. Dills, the property, to the
best information, knowledge
and belief of the under
signed, being presently in
the possession of Leonard
W. Dills, 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,
continued on following page