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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. JULY 16. 2009 - PAGE 3C
Public Notices Continued
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 Charles
C. Dinsmore 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 Charles C.
Dinsmore.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with Debtor is Merchants &
Farmers Bank, P.O. Box
316, Colbert, Georgia 30628,
Phone Number 706-788-
2133.
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 1st day of July,
2009.
Merchants & Farmers Bank
Attorney-in-fact for Charles C.
Dinsmore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(JU9,16,23,30P4)
gpn11
Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On September 8, 2005,
CHARLES C. DINSMORE
executed a Security Deed
With Power of Sale to
Merchants & Farmers Bank
securing a note of even date
in the amount of Two Hundred
Twenty-Six Thousand Four
Hundred Seventy-Four and
50/100 Dollars ($226,474.50),
said security deed being
recorded in Deed Book 840,
Pages 58-62, Madison County
Records. Said security deed
conveyed the property herein
after 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:
Parcel One:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 37.50 acres, more or
less, situate, lying and being
in the 262nd District, G.M. of
Madison County, Georgia, on
the easterly side of Georgia
Highway No. 106; on the
southerly side of County Road
No. 63 and the southwest
erly side of County Road No.
398, and being more particu
larly shown and delineated
on a plat entitled “Survey for:
Nathan Daniel Carey,” pre
pared by James M. Paul,
Registered Surveyor, dated
December 29, 1995, record
ed in Plat Book 33, Page
299, Office of the Clerk of
the Superior Court of Madison
County, Georgia, which plat
and record are by reference
incorporated herein.
Parcel Two:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 34.09 acres, more or
less, situate, lying and being
in the 262nd District, G.M.
of Madison County, Georgia,
and being more particularly
shown and delineated on a
plat dated February 23, 1998
entitled “Survey for: Charles C.
Dinsmore,” prepared by Rufus
E. Owens, Land Surveyor,
recorded in Plat Book ,
Page , Office of the Clerk of
the Superior Court of Madison
County, Georgia, which plat
and record are by reference
incorporated herein.
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 Charles
C. Dinsmore 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 Charles C.
Dinsmore
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with Debtor is Merchants &
Farmers Bank, P.O. Box
316, Colbert, Georgia 30628,
Phone Number 706-788-
2133.
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 1st day of July,
2009.
Merchants & Farmers Bank
Attorney-in-fact for Charles C.
Dinsmore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(JU9,16,23,30P4)
gpn11
Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On December 29, 2006
CHARLES C. DINSMORE
executed a Security Deed
With Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of even
date in the amount of One
HUNDRED SEVENTY-FIVE
THOUSAND FIVE HUNDRED
FIVE AND 00/100 DOLLARS
($175,505.00), said security
deed being recorded in Deed
Book 987, Pages 225-230,
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, togetherwith all improve
ments thereon, containing 39
acres, more or less, lying and
being in the 204th District, G.
M., Madison County, Georgia,
on the westerly side of U.S.
Highway 29 approximately
3/4 of a mile northerly from
Danielsville and bounded
now or formerly as follows:
On the northeast by lands
of Aradt, Bridges, Bond,
Fairfield Baptist Church and
Nelms (Carey-Hill county dirt
road separating in part); on
the southeast by the right of
way of said U.S. Highway No.
29; on the south by lands of
Falany and Adams; on the
southwest by lands of Falany
and Adams and Segers; and
on the northwest by lands of
Mann;
Said tract of land being the
same property conveyed to
Billy H. Caudell by Johnnie L.
Few by warranty deed dated
October 5, 1976, recorded in
Deed Book C-6, page 622,
in the Office of the Clerk of
the Superior Court of Madison
County, Georgia, and also
being the same property for
merly owned by Henry B.
Sanders and devised to John
W. Sanders by will as record
ed in Will Book C, Pages 153
and 154, Office of the Probate
Judge of Madison County,
Georgia;
LESS AND EXCEPT: All
that tract or parcel of land
situate, lying and being in the
204th G.M. District, Madison
County, Georgia, contain
ing 1.28 acres, more or less,
togetherwith all improvements
thereon, on the northwesterly
side of U.S. Highway 29, and
being more particularly shown
and delineated on a plat enti
tled “SURVEY FOR: FRANK
T. AND MARY L. DEFOOR,”
dated December 13, 1996,
prepared by Sherald G.
Sharp, Registered Surveyor,
recorded in Plat Book 33,
page 556, in the Office of the
Clerk of the Superior Court
of Madison County, Georgia,
which plat and record are by
reference incorporated herein
for a more particular descrip
tion;
LESS AND EXCEPT: All
that tract or parcel of land,
together with all improve
ments thereon, situate, lying
and being in the 204th G.M.
District, Madison County,
Georgia, containing 30.552
acres, more or less, as being
more particularly described
in that Warranty Deed from
Frank T. DeFoor and Mary
L. DeFoor to E.A. Mann, et
al, dated June 8, 1995, and
recorded in Deed Book Z-11,
Page 373, in the Office of the
Clerk of the Superior Court
of Madison County, Georgia,
said deed and description
being incorporated herein by
reference;
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 Charles
C. Dinsmore 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 Charles C.
Dinsmore.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with Debtor is Merchants &
Farmers Bank, P.O. Box
316, Colbert, Georgia 30628,
Phone Number 706-788-
2133.
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 1st day of July,
2009.
Merchants & Farmers Bank
Attorney-in-fact for Charles C.
Dinsmore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(JU9,16,23,30P4)
gpn11
Notice of Sale
Advertisement of Sale Under
Power of Sale in Deed to
Secure Debt
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt With Power of Sale
(hereinafter known as the
“Security Deed”) from DAVID
L. WRIGHT to NORTHEAST
GEORGIA BANK, dated
September 20, 2007, and
recorded on September 21,
2007, in Deed Book 1054,
Pages 55-57, records of
Madison County, Georgia.
This Security Deed secures
a Note dated September 20,
2007, in the original principal
amount of $28,772.00, plus
interest; there will be sold by
the undersigned at public out
cry to the highest and best
bidder for cash before the
Courthouse door at Madison
County, Georgia, within the
legal hours of sale on the first
Tuesday in August, 2009, the
following described property
and improvements, if any; to-
wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
262nd District, G.M., Madison
County, Georgia, and being
that 2.50 acres, more or less,
as more particularly shown on
a plat of survey prepared for
Eula Mae Dobbs by James
M. Paul, Registered Surveyor,
dated August 21, 2003,
recorded in Plat Book B-109,
Page 7, in the Office of the
Clerk of the Superior Court of
Madison County, Georgia and
incorporated herein and made
a part hereof by reference for
a more detailed description.
Being known as 1308 Ace
Carey Road, Danielsville,
according to the present sys
tem of numbering houses in
Madison, County, Georgia.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, non
payment of said loan. The
debt remaining in default,
this sale will be made for the
purpose of paying the same
and all expenses of this sale,
including attorney’s fees.
Said property will be sold
as the property of David L.
Wright, and subject to the
outstanding ad valorem taxes
and/or assignments if any,
and further subject to the out
standing balances of all liens
superior to the Security Deed,
if any.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by David L.
Wright.
NORTHEAST GEORGIA
BANK As Attorney-in-fact for:
David L. Wright
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(JU9,16,23,30P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia
Madison County
Because of a default in
the payment of principal and
interest on that certain Note
dated September 26, 2008, in
the original principal amount
of $324,932.50, (hereinafter
the “Note”), said Note being
secured by the real property
described in that certain Deed
to Secure Debt executed by
KRC DEVELOPMENT, INC.,
dated July 21,2004, recorded
in Deed Book 715, Pages
157-160, in the Office of the
Clerk of Superior Court of
Madison County, Georgia;
said default having been more
than thirty (30) days and not
having been made good in
accordance with the terms
and provisions of said Deed
to Secure Debt, OCONEE
STATE BANK, pursuant to
said Deed to Secure Debt, and
the Note secured thereby, has
declared the entire amount
of the indebtedness secured
by said Deed to Secure Debt
due, payable, and collectible;
and, pursuant to the power of
sale contained in said Deed
to Secure Debt, will, on the
first Tuesday in August, 2009,
within the legal hours of sale
before the Courthouse door in
Madison County, Georgia, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said Deed to
Secure Debt, to wit:
PARCEL ONE:
All that tract or parcel of
land, containing 0.625 acre,
more or less, together with
all improvements thereon,
situate, lying and being in
the City of Comer, the 205th
District, G.M. of Madison
County, Georgia, lying on
the southerly side of Railroad
Avenue and the easterly side
of Georgia Highway No. 22
and the westerly side of a 20
foot alley, and being particu
larly shown and described as
0.625 Acre tract according to a
plat of survey entitled “Survey
for: KRC Development, Inc.,”
dated June 3, 2004, pre
pared by Tim Wilkes, Georgia
Registered Surveyor No.
2616, and being recorded
at Plat BookB124, Page 2A,
in the Office of the Clerk of
Superior Court of Madison
County, Georgia, which said
plat and the record thereof
are by reference incorporated
herein for a more complete
description of the property
herein conveyed. This being
a portion of the same prop
erty conveyed by Deed of
Assent dated November
27, 2003 from Mittie Sue
Carithers as Executrix of the
Last Will and Testament of
Marlin V. Carithers to Mittie
Sue Carithers, et al., recorded
at Deed Book 654, Page 183,
in said Clerk’s Office.
PARCEL TWO:
All that lot, tract or par
cel of land, together with
all improvements thereon,
situate, lying and being in
the 205th District, G.M., of
Madison County, Georgia in
the Town of Comer, as shown
on a plat of survey entitled
“Survey for Ross Kesterson,
“ dated September 4, 2001,
prepared by Paul & Evans
Land Surveying, Inc., certi
fied by Gregory J. Evans,
Georgia Registered Surveyor,
and recorded at Plat Book
B-70, Page 1, in the office of
the Clerk of Superior Court
of Madison County, Georgia,
which plat and the record
thereof are by reference incor
porated herein. This being the
same property conveyed by
warranty deed dated October
1, 2001 from Guy R. Sears to
E. Ross Kesterson as record
ed at Deed Book 377, Pages
155, in said Clerk’s Office.
To the best of the under
signed’s information and belief,
the address of the property is:
100 S. Railroad Ave., Comer,
Madison County, Georgia
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale
and the Deed to Secure Debt
and Security Agreement con
taining said power.
The sale will be conducted
subject to (1) confirmation
that the sale is not prohibited
under the U.S. Bankruptcy
Code; (2) O.C.G.A. Section
9-13-172.1; and (3) final con
firmation and audit of the sta
tus of the loan with the holder
of the security deed.
Pursuant to O.C.G.A.
Section 9-13-172.1, which
allows for certain procedures
regarding the rescission of
judicial and nonjudicial sales
in the State of Georgia, the
Deed Under Power and other
foreclosure documents may
not be provided until final con
firmation and audit of the sta
tus of the loan as provided in
the preceding paragraph.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Oconee State Bank, P.O. Box
205, Watkinsville, Georgia
30677, (706) 769-6611.
However, the secured creditor
is not required to negotiate,
amend, or modify the terms of
the mortgage instrument.
Said property is being
sold as the property of KRC
DEVELOPMENT, INC., and
subject to all unpaid taxes,
assessments and/or mat
ters of record, if any, which
are superior to the Deed to
Secure Debt being foreclosed
upon.
This 2nd day of July, 2009.
OCONEE STATE BANK
as Attorney-in-fact for KRC
DEVELOPMENT, INC.
FORTSON, BENTLEY AND
GRIFFIN, PA.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(JU9,16,23,30B/1034-90P)
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 EDDY
A. HICKS and JESSICA W.
HICKSto BANKOFAMERICA,
N.A., dated October 10, 2007,
recorded in Deed Book 1063,
Page 74, Madison County,
Georgia Records, convey
ing the after-described prop
erty to secure a Note in the
original principal amount of
ONE HUNDRED THIRTEEN
THOUSAND NINE HUNDRED
NINETY-EIGHT AND 0/100
DOLLARS ($113,998.00),
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:
All that tract or parcel of
land, containing 0.971 acres,
more or less, together with
all improvements situate
thereon, lying and being in
the 205th District, G.M., of
Madison County, Georgia as
shown on a plat of survey
entitled “Survey for James C.
Guest”, dated September 18,
2002, by Paul and Evans I
and Surveying, Inc., said plat
being recorded at Plat Book
B-92, Page 1, in the Office
of the Clerk of the Superior
Court of Madison County,
Georgia and being incorpo
rated herein by reference for
a more particular description
on the northeasterly side of
County Road 311.
TIN#
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).
Bank of America can be
contacted at 800-285-6000 or
by writing to 475 Crosspoint
Parkway, Getzville, NY 14068,
to discuss possible alterna
tives to foreclosure.
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.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Eddy A. Hicks and
Jessica W. Hicks and Eddie
A. Hicks or a tenant or ten
ants and said property is more
commonly known as 277 East
Paoli Road, Comer, Georgia
30629.
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.
Bank of America, N.A. as
Attorney in Fact for Eddy A.
Hicks and Jessica W. Hicks
Johnson & Freedman, LLC
1 587 Northeast
Expressway
Atlanta, Georgia 30329
(770)234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/hw1 8/4/09
Our file no. 1394709-FT8
(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
JESSICA D. HAGGARD to
WELLS FARGO HOME
MORTGAGE, INC., dated
September 5, 2002, record
ed in Deed Book 489, Page
23, Madison County, Georgia
Records, conveying the after-
described property to secure
a Note in the original prin
cipal amount of EIGHTY-
THREE THOUSAND SEVEN
HUNDRED AND 0/100
DOLLARS ($83,700.00), 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
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