Newspaper Page Text
THE MADISON COUNTY (GA) JOURNAL. THURSDAY. JULY 23. 2009 - PAGE 7B
Public Notices Continued
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Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On February 20, 2006,
CHARLES C. DINSMORE
executed a Deed to Secure
Debt With Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of
even date in the amount of
ONE HUNDRED THIRTY-SIX
THOUSAND ONE HUNDRED
TWENTY-FOUR AND 50/100
DOLLARS ($136,124.50),
said security deed being
recorded in Deed Book 887,
Pages 171-175, Madison
County Records. Said secu
rity deed conveyed the prop
erty 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 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 fol
lowing described property:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 8.557 acres, more or
less, situate, lying and being
in the 262nd District, G.M.,
Madison County, Georgia,
and being more particu
larly described on the plat
dated April 16, 2005 entitled
“Survey for: Jeffie Fitzpatrick
Estate” by Rufus E. Owens,
Registered Land Surveyor,
recorded in Plat Book B141,
Page 2A, in the Office of the
Clerk of the Madison County
Superior Court, 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
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 Charles
C. Dinsmore and subject
to outstanding ad valorem
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 property
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)
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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 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 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 fol
lowing 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 south
westerly side of County Road
No. 398, and being more par
ticularly shown and delineat
ed on a plat entitled “Survey
for: Nathan Daniel Carey,”
prepared 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,” pre
pared by Rufus E. Owens,
Land Surveyor, recorded in
Plat Book 219 Page 0007A,
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
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 Charles
C. Dinsmore and subject
to outstanding ad valorem
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 property
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)
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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 secu
rity deed conveyed the prop
erty 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 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 fol
lowing described property:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 39 acres, more or
less, lying and being in the
204th District, G. M., Madison
County, Georgia, on the west
erly 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,
containing 1.28 acres, more
or less, together with all
improvements thereon, on
the northwesterly side of
U.S. Highway 29, and being
more particularly shown and
delineated on a plat entitled
“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
description;
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
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 Charles
C. Dinsmore and subject
to outstanding ad valorem
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 property
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)
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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
outcry 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 par
ticularly 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 incor
porated 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
outstanding 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)
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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 prop
erty described in that certain
Deed to Secure Debt execut
ed 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, pur
suant to said Deed to Secure
Debt, and the Note secured
thereby, has declared the
entire amount of the indebt
edness secured by said Deed
to Secure Debt due, payable,
and collectible; and, pursuant
to the power of sale con
tained 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 pub
lic outcry to the highest bid
der for cash, the property
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
O. 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., record
ed 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
incorporated herein. This
being the same property
conveyed by warranty deed
dated October 1, 2001 from
Guy R. Sears to E. Ross
Kesterson as recorded 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
confirmation and audit of the
status 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 debt
or 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)
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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 contained
in a Security Deed given
by EDDY A. HICKS and
JESSICA W. HICKS to BANK
OF AMERICA, N.A., dated
October 10, 2007, recorded
in Deed Book 1063, Page
74, Madison County, Georgia
Records, conveying the after-
described property 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 pub
lic 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
possible events of default,
failure to pay the indebted
ness 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 provided in Security Deed
and by law, including attor
neys 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
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 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.
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 tenants 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
Buckle Up Georgia.
It’s a Law
We Can Live with.
continued on following page