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PAGE 11B - THE MADISON COUNTY (GAI JOURNAL. THURSDAY. JULY 23. 2009
Public Notices Continued
corner of Billy Lane; running
thence south 73 degrees 13
minutes east 184.9 feet to a
pin; thence south 28 degrees
12 minutes west 335.1 feet
to a pin; thence north 57
degrees 28 minutes west
179.2 feet to a pin on the east
side of the highway; thence
along the east side of the
highway north 27 degrees 42
minutes east 284.9 feet to the
corner of beginning.
SAID lands being more
particularly described in a
plat of survey prepared by
John H. Wood, Jr., County
Surveyor, dated May 20,
1971, recorded in Plat Book
13, page 33, Madison County
Records, which plat and the
record thereof are by refer
ence incorporated herein.
BEING that parcel of land
conveyed to Ricky Miller from
Dale Bush by that deed dated
11/29/1993 and recorded
12/20/1993 in Deed Book
G-11, at Page 725 of the
Madison County, Georgia
Public Registry.
BEING that parcel of land
conveyed to Michael Douglas
Miller -1/3 interest and Helen
Joyce Miller - 1/3 interest
from Ricky Miller, a/k/a James
R. Miller - 1/3 interest by that
deed dated 07/07/1999 and
recorded 07/16/1999 in Deed
Book 208, at Page 133 of the
Madison County, GA Public
Registry.
Together with all build
ings, structures, and other
improvements now or here
after located on said prop
erty, or any part and parcel
thereof.
The debt secured by the
Security Deed has been
and is hereby declared due
because of, among other
possible events of default,
nonpayment of amounts due
on said loans when due, and
the loans have matured by
their terms and not been paid.
Said defaults not being cured,
and the debts remaining in
default, the sale will be made
for the purpose of paying the
same and all expenses of the
sale, including accrued attor
ney’s fees.
Said property will be sold
by Branch Banking and Trust
Company, a North Carolina
state banking corporation,
as attorney in fact for Helen
Joyce Miller and James Ricky
Miller, subject to any outstand
ing ad valorem taxes and/or
assessments, and matters of
record, if any, having priority
over the Security Deed.
To the best of the knowl
edge and belief of Branch
Banking and Trust Company,
a North Carolina state bank
ing corporation, the persons
in possession of the above
described property are Helen
Joyce Miller, James Ricky
Miller and Michael Douglas
Miller.
The name, address and
telephone number of the indi
vidual or entity who has full
authority to negotiate, amend
and modify all terms of the
Security Deed is Michael H.
Earl, Assistant Vice President,
Branch Banking and Trust,
Mailing address: BB&T,
Attention: Michael H. Earl,
2065 Timothy Road, Athens,
Georgia 30606; Telephone
number: (706)433-1642, pro
vided however, BB&T is not
required to negotiate, amend
or modify the terms of the
Security Deed.
Said property will be sold
and deed executed by the
undersigned to the purchas
er and the proceeds of sale
applied by the undersigned,
all as provided in said power
of sale and the Security Deed
containing said power.
Branch Banking and Trust
Company, a North Carolina
State Banking Corporation,,
as Attorney in Fact For Helen
Joyce Miller, James Ricky
Miller and Michael Douglas
Miller
MICHAEL A. MORRIS,
ESQ.
BLASINGAME, BURCH,
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)
gpn11
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 here
inafter 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, 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
particularly described as fol
lows:
BEGINNING at a rock
or iron pin on Jim Murray’s
line, same being the north-
erlymost 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 begin
ning corner, containing 13
acres, more or less, accord
ing to plat prepared by C.B.
Ayers, county surveyor, 1953,
to which reference 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 con
veyed 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
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 Marion
Lloyd Moore 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 Marion Lloyd
Moore.
The entity with full author
ity to negotiate, amend
and modify 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)
gpn11
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 separately shown and
designated as Lot 5, Block
C, and Lot 6, Block C on
a plat of subdivision pre
pared 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 col
lect attorney’s fees having
been given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in posses
sion of the subject proper
ty known as 85 Sherwood
Circle, Danielsville, GA
30633 is (are): Michael J.
Nelms or tenant or tenants.
Said property will be sold
subject to (a) any outstanding
ad valorem taxes (including
taxes which are a lien, but not
yet due and payable), (b) any
matters which might be dis
closed by an accurate survey
and inspection of the prop
erty, 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
confirmation and audit of the
status 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)
gpn11
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 provid
ed 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 includ
ing but not limited to the fol
lowing described property:
All that tract or parcel of
land, togetherwith 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
permanently 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 nonpay
ment of the indebtedness as
and when due. The indebt
edness 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 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 out
standing 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 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)
gpn11
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 assign
ment, the undersigned,
American Home Mortgage
Servicing, Inc. pursuant to
said deed and the note there
by 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 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)
gpn11
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
THOUSANDONEHUNDRED
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 here
inafter 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
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 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)
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 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
continued on following page