Newspaper Page Text
PAGE 8C - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. JULY 16. 2009
Public Notices Continued
GARRARD & ASHLEY, PC
P.O. Box 832
Athens, Georgia 30603
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
(JU9,16,23,30B/510-90P)
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Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On September 9, 2008,
MARION LLOYD MOORE
executed a Security Deed
With Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of
even date in the amount of
SEVENTY-SIX THOUSAND
SIXTY-SIX AND 50/100
DOLLARS ($76,066.50), said
security deed being recorded
in Deed Book 1136, Pages
221-225, 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:
All that tract or parcel of
land, together with all improve
ments thereon, lying and
being in the 382nd District,
G.M. of Madison County,
Georgia, on the road leading
from Diamond Hill to Moon’s
Groove Church, and particu
larly described as follows:
BEGINNING at a rock or
iron pin on Jim Murray’s line,
same being the northerlymost
point of the within tract, and
running thence S431/2W
1386 feet to a point on the
west side of said road; thence
along and across said road
S35-1/4E 780 feet to an iron
pin across branch; thence
N44-1/4E 123 feet to a pine;
thence back across branch
N24-1/4W 300 feet to an iron
pin: thence N43-3/4E 561 feet
to a stake; thence N91/2E 886
feet to the beginning corner,
containing 13 acres, more or
less, according to plat pre
pared by C.B. Ayers, county
surveyor, 1953, to which ref
erence is hereby made.
LESS & EXCEPT: A lot cut
from the northwest corner
of the above tract being 209
feet on the road by 213 feet
deep, as heretofore conveyed
by grantor herein to grantee
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 Marion
Lloyd Moore 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 property
is now held by Marion Lloyd
Moore.
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 95,
Comer, Georgia 30629, Phone
Number 706-783-5147.
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 29th day of June,
2009.
Merchants & Farmers Bank
Attorney-in-fact for Marion
Lloyd Moore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(JU9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Under and by virtue of the
Power of Sale contained in
a Deed to Secure Debt given
by MICHAEL J. NELMS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for TAYLOR,
BEAN, & WHITAKER
MORTGAGE CORP., dated
September 20, 2002, and
recorded in Deed Book 493,
Page 189, Madison County,
Georgia Records, as last
transferred to DLJ Mortgage
Capital, Inc. by Assignment
filed for record in Madison
County, Georgia records,
conveying the after-described
property to secure a Note of
even date in the original prin
cipal amount of $75,000.00,
with interest at the rate speci
fied therein, there will be
sold by the undersigned 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, to
wit: August 4, 2009, the fol
lowing described property:
All these two lots or par
cels of land, together with
all improvements thereon,
situate, lying and being in the
204th District G.M. of Madison
County, Georgia, in the City of
Danielsville, and being sepa
rately shown and designated
as Lot 5, Block C, and Lot 6,
Block C on a plat of subdivision
prepared by James Flanders,
Registered Surveyor, dated
December 18, 1969, record
ed in Plat Book 12, Page
90, Office of the Clerk of the
Superior Court of Madison
County, Georgia, which plat
and record are by reference
incorporated herein;
Grantor represents, cov
enants and agrees that the
mobile (manufactured) home
located on the land is to
remain on the land and has
been permanently affixed to
the land described herein, so
as to become a part of the
real property.
The debt secured by said
Deed to Secure Debt has
been and is hereby declared
due because of, among other
possible events of default,
failure to pay the indebted
ness as and when due and
in the manner provided in the
Note and Deed to Secure
Debt. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of
this sale, as provided in the
Deed to Secure Debt and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having been
given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in possession
of the subject property known
as 85 Sherwood Circle,
Danielsville, GA 30633 is
(are): Michael J. Nelms or ten
ant or tenants.
Said property will be sold
subject to (a) any outstand
ing ad valorem taxes (includ
ing taxes which are a lien,
but not yet due and payable),
(b) any matters which might
be disclosed by an accurate
survey and inspection of the
property, and (c) all matters
of record superior to the Deed
to Secure Debt first set out
above, including, but not lim
ited to, assessments, liens,
encumbrances, zoning ordi
nances, easements, restric
tions, covenants, etc.
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.
DLJ Mortgage Capital, Inc.
as attorney in fact for Michael
J. Nelms
Richard B. Maner, PC.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
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.
FC09-586
(JU9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
By virtue of a Power of
Sale contained in that cer
tain Security Deed from
DAVID E. THOMPSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., acting solely as nominee
for AMERICA’S WHOLESALE
LENDER, dated August 9,
2006, recorded August 11,
2006, in Deed Book 00935,
Pages 0048-0060, Madison
County, Georgia Records,
said Security Deed having
been given to secure a Note of
even date in the original prin
cipal amount of FIFTY-FOUR
THOUSAND AND 00/100
DOLLARS ($54,000.00), with
interest thereon as provided
for therein, said Security
Deed having been last sold,
assigned and transferred to
BAC Home Loans Servicing,
LP f/k/a Countrywide Home
Loans Servicing, LP, 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, together with all improve
ments thereon, lying and
being in the Grovehill District,
382nd G.M.D., Madison
County, Georgia, contain
ing 4.0 acres, more or less,
and being more particularly
described on a plat of sur
vey prepared by Timberland
Management Services, Inc.,
W. W. Lester, RLS #2128,
dated November 30, 1989,
recorded in Plat Book 27,
Page 112 Madison County
Records. This is a portion
of the same land conveyed
to Henry A. Lassiter by war
ranty deed dated September
6, 1983, recorded in Deed
Book I-7, Page 203, Madison
County Records.
There is a 1995 Fleetwood,
Eagle Trace Manufactured
(mobile) home serial
NOS.GAfl554-
A76152ET11, B76152ET11
and C76152ET11, located on
the land which is to remain on
the land and has been per
manently affixed to the land
described herein, so as to
become a part of the real
property.
This conveyance is made
subject to the restrictive cov
enants recorded in Deed
Book K-9 Page 516, Madison
County Georgia Records.
Said property is commonly
known as 2155 Waggoners
Grove Church Road,
Colbert, GA 30628.
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 indebtedness 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 attor
neys' fees and all other pay
ments provided 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 con
stitute liens upon said prop
erty; all restrictive covenants,
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
David E. Thompson, David E.
Thompson, or tenants(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.
THE ABOVE LAW FIRM
IS ACTING AS A DEBT
COLLECTOR. ANY IN
FORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
BAC HOME LOANS
SERVICING, LP F/K/A
COUNTRYWIDE HOME
LOANS SERVICING, LP as
Attorney in Fact for DAVID E.
THOMPSON
Lender Contact: BAC fka
CHL, Loss Mitigation Dept.,
7105 Corporate Drive, PTX-
A-274, Plano, TX 75024
TELEPHONE NUMBER:
800-669-6087
Attorney Contact: Rubin
Lublin, LLC, 3740 Davinci
Court, Suite 100, Norcross,
GA 30092
TELEPHONE NUMBER:
(888) 890-5309
CASE NO. 09-01918-3
WWW.RUBINLUBLIN.
COM/PROPERTY-LISTINGS.
PHP
(JU9,16.23.30B/18915-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed by
DEANNA C. MAXWELL and
JONATHAN K. MAXWELL to
HOMEBANC MORTGAGE
CORPORATION, dated May
25, 2007, in the amount of
$103,000.00, and recorded
in Deed Book 1024, Page
84, Madison County, Georgia
Records, as last transferred
to American Home Mortgage
Servicing, Inc. by assignment,
the undersigned, American
Home Mortgage Servicing,
Inc. pursuant to said deed and
the 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
in August, 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
383 G.M.D., Madison County,
Georgia, and being shown as
Tract 3, 3.542 acres, on a
plat of survey entitled Survey
for The Peoples Bank of
Winder by W.T. Dunahoo and
Associates, dated September
18, 2001, recorded in Plat
Book B-69, at Page 8 of the
Madison County, Georgia
Deed Records. Subject to all
Rights-of-Way, restrictions
and easements of record,
and also those shown on the
above referred to plat.
which has the property
address of 908 Tarpkins
Road, Commerce, 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 status
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 Deanna
C. Maxwell and Jonathan K.
Maxwell 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.
American Home Mortgage
Servicing, Inc. Attorney in
Fact for Deanna C. Maxwell
and Jonathan K. Maxwell
Anthony DeMarlo, Attorney/
smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08217/FHLMC
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.
(JU9,16 : 23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
On September 25, 1997,
CORNELIUS HALL exe
cuted a Deed to Secure
Debt With Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of even
date in the amount of SIX
THOUSAND ONE HUNDRED
THIRTY-TWO AND 55/100
DOLLARS ($6,132.55), said
security deed being record
ed in Deed Book 87, Pages
74-78, 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 Madison
County, 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
situate, lying and being in the
382nd G.M. District, Madison
County, Georgia, containing
6.086 acres, more or less,
being on the westerly side
of county paved road known
as McCarty-Dodd Road,
and being more particularly
shown and delineated on a
plat entitled “SURVEY FOR:
CORNELIUS & YOLANDA
HALL,” prepared by Ray N.
Woods, Registered Surveyor,
dated September 5, 1997,
recorded in Plat Book 35,
Page 47, 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 Cornelius Hall
and subject to outstanding ad
valorem taxes and/or ease
ments and/or restrictive cov
enants 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 property
is now held by Cornelius Hall
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with Debtors is Merchants &
Farmers Bank, P.O. Box 520,
Hull, Georgia 30646, Phone
Number 706-549-0213.
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 30th day of June,
2009.
Merchants & Farmers Bank
Attorney-in-fact for Cornelius
Hall Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(JU9,16,23,30P4)
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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 con
tained in a Security Deed
given by MARY J. COSTA
to SUNSHINE MORTGAGE
CORPORATION, dated
October 29, 1999, recorded
in Deed Book 228, Page 226,
Madison County, Georgia
Records, as last transferred
to Chase Home Finance LLC
by assignment to be recorded
in the Office of the Clerk of
Superior Court of Madison
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of SIXTY THOUSAND AND
0/100 DOLLARS ($60,000.00),
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:
All that tract or parcel of land,
together with all improvements
thereon, lying and being in the
204th District, G.M., Madison
County, Georgia, City of
Danielsville, State of Georgia,
situated on the southeasterly
side of Veterans Drive, con
taining 1.23 acres, more or
less, and being more particu
larly shown and delineated
on a Plat entitled “Survey
for Richard L. Yandle and
Kimberlee D. Yandle”, pre
pared by Piedmont Surveying
Company, Sherald G. Sharp,
Surveyor, dated February 4,
1994, recorded in Plat Book
29, Page 431, Madison
County Records, which Plat
and record are by reference
incorporated herein.
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).
Chase Home Finance LLC
can be contacted at 800-446-
8939 or by writing to 3415
Vision Drive, Columbus, OH
43219, to discuss possible
alternatives 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 Mary J. Costa
or a tenant or tenants and
said property is more com
monly known as 85 Veterans
Drive, Danielsville, Georgia
30633.
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.
Chase Home Finance LLC
as Attorney in Fact for Mary
J. Costa
Johnson & Freedman, LLC
1587 Northeast
Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/pak 8/4/09
Our file no. 11861508-FT3
(JU9,16.23.30B/12062-60T1P)
Gpnl6
Public Notice
The Madison Athens-
Clarke Oconee Regional
Transportation Study
(MACORTS), the coopera
tive transportation planning
body for the urbanized area
which includes Athens-
Clarke County and portions
of southern Madison County
and northern Oconee County,
has scheduled a public com
ment period from July 20 to
August 18, 2009 for the 2035
Long Range Transportation
Plan. Transportation projects
must be included in the Long
Range Transportation Plan in
order to be eligible for future
federal funding. Three public
meetings have been sched
uled to provide an opportunity
for the public to comment on
the Draft document.
Public meetings (informal
drop-in format) have been
scheduled for:
Madison County: 5:00 - 7:00
PM, Tuesday, July 28, 2009
Danielsville Courthouse -
Public Meeting Room
91 Albany Avenue
Danielsville, Georgia
Athens-Clarke County: 5:00
- 7:00 PM, Monday, August
3, 2009
Athens-Clarke County
Planning Department
Auditorium
120 West Dougherty Street
Athens, Georgia
Oconee County: 5:00 - 7:00
PM, Tuesday,
August 11, 2009
Oconee Veterans Park,
Community Center
3500 Hog Mountain Road
Watkinsville, Georgia
Copies of the Draft 2035
Long Range Transportation
Document are available on
the MACORTS website (www.
macorts.org) or at the offic
es of the Madison County
Planning & Zoning Office
located at 91 Albany Avenue
in Danielsville, Athens-Clarke
County Planning Department
located at 120 W. Dougherty
Street in Athens, and the
Oconee County Planning
continued on following page