The Madison County journal. (Hull, Ga.) 1989-current, July 16, 2009, Image 19

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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. JULY 16. 2009 - PAGE 1C Public Notices 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, said Security 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 indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, August 4, 2009, dur ing 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 designated as Lot 1, and containing 4.0 acres, more or less, as shown by plat of survey for Tom Compton, pre pared 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 prop erty of Tracey Lord and Jerry Lord and running from the cen ter of County Dirt Road No. 60 in a Northwesterly direction to the above described property which 20 foot easement is more particularly shown and delineated on the referenced 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 (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, 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 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 undersigned, being presently in the pos session of Leonard W. Dills, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be dis tributed as provided by law. Taylor, Bean & Whitaker Mortgage Corp. as Attorney- in-Fact for Leonard W. Dills File no. 09-015484 SHAPIRO & SWERTFEGER* Attorneys and Counselors at Law 2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941 (770)220-2535/CC www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COL LECTOR. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PUR POSE. [FC-NOS] (JU2,9,16,23,30B/1323-60T1P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County By virtue of a Power of Sale contained in that cer tain Security Deed from ROBERT W. COWAN to BRANCH BANKING AND TRUST COMPANY, dated May 18, 2007, recorded June 29, 2007, in Deed Book 1032, Page 150, Madison County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of NINETY-SEVEN THOUSAND DOLLARS AND NO CENTS ($97,000.00), with interest thereon as pro vided for 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 August, 2009, all property described in said Security Deed including but not limited to the following described property: All that tract or parcel of land situate, lying and being in the 262nd G.M., District, Madison County, Georgia, being shown and designated as Tract No. 8, containing 26.28 acres, more or less, and having areas, and bounds, courses, direc tions, dimensions, distances, metes, shapes, and bounds as shown on plat made by G. Brian Slate, Registered Land Surveyor, dated March 7, 1999, revised April 19, 1999, and revised May 24, 1999, and recorded in Plat Book 37, Page 132, Records of Madison County, Georgia, to which ref erence is made hereto and the description and record thereof incorporated herein as a part of this description by reference thereto. Said property being known as 546 Thousand Oaks Drive, Danielsville, GA30633 according to the present num bering system in Madison County. The indebtedness secured by said Security Deed has been and is here by declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebted ness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments pro vided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: security deed in favor of First Bank and Trust in the original amount of $82,315.00 dated September 02, 1999, recorded at Deed Book 219, Page 224, Madison County, Georgia Records; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive cov enants, easements, rights-of- way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Robert W. Cowan or tenant(s). 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 confirmation and audit of the status of the loan with the holder of the Security Deed. Branch Banking and Trust Company as Attorney in Fact for Robert W. Cowan. Contact: Patrick J. Geheren, Esq. 1535 Mount Vernon Road Atlanta, GA 30338 TEL (678) 587-9500. THIS LAW FIRM IS AT TEMPTING TO COLLECT A DEBT. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PUR POSE. (JU9,16,23,30P4) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County By virtue of a Power of Sale contained in that certain Security Deed from WILLIAM DOUGLAS PURSLEY aka WILLIAM D. PURSLEY and JERRI JEANETTE PURSLEY aka JERRI J. PURSLEY to BRANCH BANKING AND TRUST COMPANY, dated June 26, 2003, recorded July 09, 2003, in Deed Book 594, Page 81, Madison County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of EIGHTY-EIGHT THOUSAND FOUR HUNDRED NINETY- TWO DOLLARS AND SIXTY- SIX CENTS ($88,492.66), with interest thereon as pro vided for 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 August 2009, all property described in said Security Deed including but not limited to the following described property: All that tract or parcel of land containing 0.90 of an acre, more or less, lying and being in the 383rd District G.M. of Madison County, Georgia, and particularly described as fol lows: Beginning at the north east corner of the intersection of two 40 foot streets; running thence along easterly side of the street N21.26 E 187 feet to a pin; thence N87.30 E 185.5 feet to a pin; thence S 12.05 W 224.5 feet to a point on the north side of a street; thence along the north side of said street N79.45 W 210 feet to the corner of the beginning. Denominated as Lot No. 7 on a plat prepared by John H. Wood Jr., County Surveyor, dated May 13, 1966, to which plat reference is hereby made. Ref: F-3, Page 224, Plat Book 12, Page 141 and DB W-5, Pages 442-443 Madison County Records. Ref: Deed Book N-10, Page 744, Madison County Records. Being that parcel of land conveyed to William Douglas Pursley Jr. and Jerri Jeanette Pursley from Travis Alewine and Kristie Alewine by that deed dated 10/07/1998 and recorded 10/08/1998 in Deed Book 153, at Page 46 of the Madison County, GA, Public Registry. Said property being known as 78 Post Oak Drive, Hull, GA 30646 according to the present numbering system in Madison County. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebted ness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments pro vided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordi nances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstand ing taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assess ments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, ease ments, rights-of-way and any other matters of record supe rior to said Security Deed. To the best of the knowl edge and belief of the under signed, the party in posses sion of the property is William Douglas Pursley aka William D. Pursley and Jerri Jeanette Pursley aka Jerri J. Pursley or tenant(s). 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, Branch Banking and Trust Company as Attorney in Fact for William Douglas Pursley aka William D. Pursley and Jerri Jeanette Pursley aka Jerri J. Pursley. Contact: Patrick J. Geheren, Esq., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500. THIS LAW FIRM IS AT TEMPTING TO COLLECT A DEBT. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PUR POSE. (JU9,16,23,30P4) 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 DAVID MCCURLEY to WELLS FARGO HOME MORTGAGE, INC., dated February 24, 2003, recorded in Deed Book 547, Page 19, Madison County, Georgia Records, conveying the after- described property to secure a Note in the original principal amount of ONE HUNDRED FIVE THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($105,750.00), 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 August, 2009, the following described property: SEE EXHIBITAATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due because of, among other pos sible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys 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 mat ters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encum brances, zoning 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 David McCurley or a tenant or tenants and said property is more commonly known as 1366 Dove Drake Road, Royston, Georgia 30662. 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. Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for David McCurley McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/mnr 8/4/09 Our file no. 51410007-FT5 EXHIBIT A All that tract or parcel of land, togetherwith all improve ments thereon, situate, lying and being in the 591st GMD, Madison County, Georgia, containing 0.86 of an acre, more or less, and being more particularly described accord ing to a plat of survey by A.M. Britt, RLS, dated May 6, 1964, recorded in Plat Book 8, Page 78, Madison County Records and incorporated herein; being the same property con veyed by deed recorded in Deed Book Y-6, Page 654, said records. (JU9,16,23,30B/12062-60T1P) 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 MELISAD. CULBERSON and DAVID M. CULBERSON to WASHTENAW MORTGAGE COMPANY, dated August 19, 1996, recorded in Deed Book 31, Page 40, Madison County, Georgia Records, as lasttrans- ferred to Wells Fargo Bank, N.A. by assignment recorded in Deed Book 785, Page 75, Madison County, Georgia Records, conveying the after- described property to secure a Note in the original princi pal amount of EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($88,000.00), 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 August, 2009, the following described property: SEE EXHIBITAATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due because of, among other pos sible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys 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 mat ters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encum brances, zoning 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 ofthe prop erty is Melisa D. Culberson and David M. Culberson or a tenant or tenants and said property is more commonly known as Rt. 2 Box 559A, Hull, Georgia 30646. 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. Wells Fargo Bank, N.A. as Attorney in Fact for Melisa D. Culberson and David M. Culberson McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/mnr 8/4/09 Our file no. 51620507-FT5 EXHIBIT A All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the 382nd District, G.M., Madison County, Georgia, contain ing 3.85 acres on the east erly side of U.S. Highway 29, and being more particularly described on a plat of sur vey entitled “Survey for Grant & Rhonda Gillespie” by Ray N. Woods, Registered Land Surveyor, dated May 7, 1990 and recorded in Plat Book 27, Page 156, in the Office of the Clerk of the Superior Court of Madison County, Georgia and being incorporated herein by reference for a more particu lar description. (JU9,16.23.30B/12062-60T1P) gpn11 Notice of Sale Notice of Sale Under Power in Security Deed State of Georgia County of Madison On November 21, 2008, LINDAA. HAWKINS by admin istrator KRISTY CROYA exe cuted a Security Deed With PowerofSale to MERCHANTS & FARMERS BANK securing a note of even date in the amount of ONE HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED SIXTY- SIX AND 15/100 DOLLARS ($132,466.15), said security deed being recorded in Deed Book 1154, Pages 42-46, Madison County Records. Said security deed conveyed the property hereinafter described. By virtue of the power of sale contained in said security 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 Danielsville, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in August, the same being August 4, 2009, the following described property: All that tract or parcel of land lying and being in the 204th GMD, Madison County, Georgia, containing 2.00 acres, more or less, being described as follows: to find the point of beginning com mence at a stream thence northwesterly 30 feet, same shown on the plat as run ning 30 feet from the corner of Linda Hawkins to center stream being original prop erty line of lot B same being the point of beginning thence running north 11°18’38”W 144.26 feet; thence running N08°20’52”W 73.43 feet; thence running N01°07’13”W 75.20 feet; thence running N06°04'10”E 77.75 feet; thence running N09°59’08”E 80.14 feet; thence running S89°59’00”E 250.00 feet; thence running S41°42’28”E 101.48 feet; thence running S38°59’02”W 475.62 feet to point of beginning. All according to a plat pre pared by Sherald G. Sharp Surveyor, dated August 23, 2003, Subject to 30’ Private access drive running paral lel from point of beginning S38°59’02”W 391.97 feet and more particularly shown and delineated by plat dated August 23, 2002, Survey for Linda Hawkins, recorded in Plat Book B-90, Page 4 in the Clerk of Superior Court of Madison County, Georgia, incorporated herein by refer ence. 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 secu rity deed. The debt having been declared due and pay able and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale. Said property will be sold as the property of Linda A. Hawkins/The Estate of Linda A. Hawkins and subject to outstanding 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 conduct ing the sale. To the best knowledge and belief of the undersigned, equitable title to said prop erty is now held by Linda A. Hawkins/The Estate of Linda A. Hawkins. The entity with full authority to negotiate, amend and mod ify all terms of the mortgage with Debtor is Merchants & Farmers Bank, PO. Box 897, Danielsville, Georgia 30633, Phone Number 706-795- 2880. 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 2nd day of July, 2009. Merchants & Farmers Bank Attorney-in-fact for Linda A. Hawkins by Administrator Kristy Croya Brian C. Ranck P. O. Box 1005 Toccoa, GA 30577 706-886-7533 Attorney for Merchants & Farmers Bank (JU9,16,23,30P4) Please Read, then Recycle. continued on following page