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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. AUGUST 6. 2009 - PAGE 3B
Public Notices
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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
WILLIAM J. SMITH JR. to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated February 12,
2007, and recorded in Deed
Book 989, Page 197, Madison
County Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to US Bank National
Association, as Trustee for
the Banc of America Funding
2007-6 Trust, by Assignment
securing a Note in the origi
nal principal amount of
$164,500.00, 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, September 1, 2009,
during 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, situ
ate, lying and being in the
262nd District, G.M., Madison
County, Georgia, and being
that 12.63 acres, more or less,
as more particularly shown on
a plat of survey prepared for
Leslie J. Steele, Jr., by Tyson
& Associates, Inc., registered
surveyor, dated July 16, 1977,
recorded at Plat Book 18,
Page 195, in the Office of
the Clerk of Superior Court
of Madison County, Georgia,
which is incorporated here
in by reference and made a
part of this deed for a more
detailed description to said
tract of land.
Subject to conservation
covenants recorded at Deed
Book 572, Page 88, Madison
County, GA records.
Subject to restrictions and/
or covenants of record, if any,
easements of record and
existing easements and rights
of way for public roads and
utilities now in use.
Said property is known as
2238 Young Harris 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 William J.
Smith Jr., the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of William J. Smith Jr.,
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.
US Bank National
Association, as Trustee for
the Banc of America Funding
2007-6 Trust as Attorney-in-
Fact for William J. Smith Jr.
File no. 09-016187
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/HP
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]
(AU6,13.20.27B/1323-70T1P)
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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
CLARENCE BUSBY aka
CLARENCE W. BUSBY, SR.
to BRANCH BANKING AND
TRUSTCOMPANY, dated April
02, 2004, recorded April 12,
2004, in Deed Book 682, Page
94, Madison County, Georgia
Records, said Security Deed
having been given to secure
a Note of even date in the
principal amount of FIFTY-
TWO THOUSAND TWO
HUNDRED DOLLARS AND
NO CENTS ($52,200.00), with
interest thereon as provided
for therein, there will be sold
at public outcry to the high
est bidder for cash before the
Courthouse door of Madison
County, Georgia, within the
legal hours of sale on the first
Tuesday in September 2009,
all property described in said
Security Deed including but
not limited to the following
described property:
All that tract or parcel of
land lying and being in the
203rd GMD, Madison County,
Georgia, containing a total
of 7.38 acres, more or less,
said tract lying to the west
of county dirt road No. 297,
said tract is bounded now or
formerly on the north by GA
Kraft Paper Co., on the east
by county dirt road No. 297;
on the south by Hugh Smith;
and on the west by Smith and
GA Kraft Paper Co., as per
plat recorded in Plat Book 33,
Page 426, Madison County,
Georgia Records, which plat
is incorporated herein by ref
erence.
Said property being known
as 1437 Noble Road,
Carlton, GA 30627, accord
ing 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 indebtedness as and
when due.
The indebtedness remain
ing in default, this sale will be
made for the purpose of pay
ing the same, all expenses of
the sale, including attorney’s
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 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 knowledge
and belief of the undersigned,
the party in possession of the
property is Clarence Busby
aka Clarence W. Busby, Sr. 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 Clarence Busby aka
Clarence W. Busby, Sr.
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.
(AU6,13,20,27P4)
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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
BRANDY N. LUMPKIN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated August 21, 2007,
in the amount of $130,000.00,
and recorded in Deed Book
1051, Page 146, Madison
County, Georgia Records,
as last transferred to Ocwen
Loan Servicing, LLC by
assignment, the undersigned,
Ocwen Loan Servicing, LLC
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 September, 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, together with all
improvements thereon, situ
ate, lying and being in the
382nd GMD, Madison County,
Georgia, being known and
designated as Lot 14, Jacobs
Field Subdivision, Phase 1,
and being more particularly
described according to a plat
of survey entitled Survey for
Brad Howard dated November
8, 2004, by Carroll Surveying,
Inc., Stacy C. Carroll, RLS,
recorded in Plat Book B139,
Pages 3A-6A, Madison
County records and incorpo
rated herein; being the same
property conveyed by deed
recorded in Deed Book 825,
Page 198, said records.
which has the property
address of 91 Wrigley Court,
Hull, Georgia, together with
all fixtures and other personal
property conveyed 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 Brandy N.
Lumpkin and the proceeds of
said sale will be applied to the
payment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
Ocwen Loan Servicing, LLC
Attorney in Fact for Brandy N.
Lumpkin
Anthony DeMarlo, Attorney/
smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-17343 /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.
(AU5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia
County of Madison
On January 4, 2008,
GRIFFETH BUILDERS, INC.,
(“Griffeth”), executed a Note,
(“Note”), in the original prin
cipal sum of $116,000.00,
secured by a Deed to Secure
Debt and Assignment of Rents,
(“Deed”), dated January 4,
2008, payable to Georgia
Bank & Trust Company Bank
of Augusta (“Georgia Bank”),
conveying property described
in Exhibit “A” attached, and
recorded in the Office of the
Clerk of Superior Court of
Madison County, Georgia, in
Book 01079, Pages 0156-
0160.
Default has been made in
the payment of installments
on the Note. Georgia Bank
declared the entire unpaid
indebtedness due and pay
able in accordance with the
terms of the Note and the
same has not been paid.
The Deed provides that
when the Note secured there
by becomes due and is not
paid, that said property may
be sold before the Courthouse
door of Madison County,
Georgia, upon Georgia Bank
first giving notice of the place
and terms of such sale (1)
time a week for (4) weeks
in the newspaper in which
the Sheriff’s advertisements
are published, and where said
property is located.
NOW THEREFORE, pursu
ant to the powers contained
therein, the property will be
sold before the Courthouse
door in Madison County,
Georgia, at public outcry on
the first Tuesday in September
2009, between the legal hours
of sale.
Georgia Bank will convey
title to the purchaser as attor-
ney-in-fact for Griffeth. The
money derived from the sale
will be applied: first to the
expenses of said sale; sec
ondly, to the amount due on
said Notes; and the balance, if
any, shall be paid to Griffeth.
TERMS:
Cash, subject to State and
County ad valorem taxes or
assessment and any federal
tax liens of record.
Purchaser is to pay for all
legal papers and revenue
stamps.
This day of , 2009.
GEORGIA BANK & TRUST
COMPANY OF AUGUSTA AS
ATTORNEY-IN-FACT FOR
GRIFFETH BUILDERS, INC.
Mark A. Cleary, P.C.
1223 George C. Wilson
Drive
Augusta, Georgia 30909
706-860-9995
State Bar No. 129754
EXHIBIT “A”
ALL that lot, tract or par
cel of land, situate, lying and
being on Isabelle’s Way, in
the 382nd District, G. M. of
Madison County, Georgia, and
being particularly shown and
described as Lot 16 contain
ing 0.748 acres, more or less,
of Isabelle’s Place subdivision
as particularly shown and
described according to a plat
of survey of said subdivision
dated March 15, 2007, pre
pared by Carroll Surveying,
LLC, certified by Stacy C.
Carroll, Georgia Registered
Surveyor No. 2729, and being
recorded at Plat Slide B185,
Pages 1A through 3A, in the
Office of the Clerk of Superior
Court of Madison County,
Georgia, which said plat and
the record thereof are by ref
erence incorporated herein for
a more complete description
of the property herein con
veyed.
(AU6,13,21,27P4)
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Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia
County of Madison
On January 4, 2008,
GRIFFETH BUILDERS, INC.,
(“Griffeth”), executed a Note,
(“Note”), in the original prin
cipal sum of $116,000.00,
secured by a Deed to Secure
Debt and Assignment of Rents,
(“Deed”), dated January 4,
2008, payable to Georgia
Bank & Trust Company Bank
of Augusta (“Georgia Bank”),
conveying property described
in Exhibit “A” attached, and
recorded in the Office of the
Clerk of Superior Court of
Madison County, Georgia, in
Book 01079, Pages 0151-
0155.
Default has been made in
the payment of installments
on the Note. Georgia Bank
declared the entire unpaid
indebtedness due and pay
able in accordance with the
terms of the Note and the
same has not been paid.
The Deed provides that
when the Note secured there
by becomes due and is not
paid, that said property may
be sold before the Courthouse
door of Madison County,
Georgia, upon Georgia Bank
first giving notice of the place
and terms of such sale (1)
time a week for (4) weeks
in the newspaper in which
the Sheriff’s advertisements
are published, and where said
property is located.
NOW THEREFORE, pursu
ant to the powers contained
therein, the property will be
sold before the Courthouse
door in Madison County,
Georgia, at public outcry on
the first Tuesday in September
2009, between the legal hours
of sale.
Georgia Bank will convey
title to the purchaser as attor-
ney-in-fact for Griffeth. The
money derived from the sale
will be applied: first to the
expenses of said sale; sec
ondly, to the amount due on
said Notes; and the balance, if
any, shall be paid to Griffeth.
TERMS:
Cash, subject to State and
County ad valorem taxes or
assessment and any federal
tax liens of record.
Purchaser is to pay for all
legal papers and revenue
stamps.
This day of , 2009.
GEORGIA BANK & TRUST
COMPANY OF AUGUSTA AS
ATTORNEY-IN-FACT FOR
GRIFFETH BUILDERS, INC.
Mark A. Cleary, P.C.
1223 George C. Wilson
Drive
Augusta, Georgia 30909
706-860-9995
State Bar No. 129754
EXHIBIT “A”
ALL that lot, tract or par
cel of land, situate, lying and
being on Isabelle’s Way, in
the 382nd District, G. M. of
Madison County, Georgia, and
being particularly shown and
described as Lot 14 contain
ing 0.957 acres, more or less,
of Isabelle’s Place subdivision
as particularly shown and
described according to a plat
of survey of said subdivision
dated March 15, 2007, pre
pared by Carroll Surveying,
LLC, certified by Stacy C.
Carroll, Georgia Registered
Surveyor No. 2729, and being
recorded at Plat Slide B185,
pages 1A through 3A, in the
Office of the Clerk of Superior
Court of Madison County,
Georgia, which said plat and
the record thereof are by ref
erence incorporated herein for
a more complete description
of the property herein con
veyed.
(AU6,13,20,27P4)
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 RICKY SMITH to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for
FREMONT INVESTMENT &
LOAN, dated March 3, 2005,
recorded in Deed Book 777,
Page 210, Madison County,
Georgia Records, as last
transferred to Wells Fargo
Bank, N.A. as Trustee for
Asset-Backed Pass-Through
Certificates Series 2006-
SHL1 under the Pooling and
Servicing Agreement dated
as of October 1, 2006 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 FIFTY-TWO THOUSAND
FIVE HUNDRED AND 0/100
DOLLARS ($52,500.00), 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 September,
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:
Litton Loan Servicing, LP,
4828 Loop Central Drive,
Houston, TX 77081, 1-800-
807-3590. 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 prop
erty is Ricky Smith or a tenant
or tenants and said property
is more commonly known as
682 Helican Springs Rd.,
Athens, Georgia 30601.
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 Trustee for Asset-Backed
Pass-Through Certificates
Series 2006-SHL1 under the
Pooling
and Servicing Agreement
dated as of October 1, 2006
as Attorney in Fact for Ricky
Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/abw 9/1/09
Our file no. 51976309-FT3
EXHIBIT A
All that tract or parcel of
land, together will all improve
ments thereon, situate,
lying and being in the 383rd
District, G.M., being more par
ticularly shown in a survey
entitled “Survey for Johnny
P. Pittman”, dated June 24,
1967, by James Flanders,
Registered Land Surveyor,
and recorded in Plat Book
10, Page 71, in the Office of
Clerk of the Superior Court
of Madison County, Georgia,
reference to which is hereby
made for a more particular
description of the property
herein conveyed.
(AU6,13,20,27B/12062-70T1P)
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
continued on following page
Home of the Week
115 Brickyard Road • Comer, GA 30629
Minimum Bid: $00000
(or best offer above minimum bid)
20% non-refundable downpayment
required on day of sale (certified funds)
5 Room Ranch, 3 Bedrooms, 2 Baths.
This description is believed to be correct to our best understanding.
DATE & TIME OF SALE:
09/01/09 at time 10:00 a.m.
PLACE OF SALE
Madison County Courthouse
FOR INFORMATION CONTACT
1-800-349-5097 ext 4500