Newspaper Page Text
PAGE 6B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. AUGUST 6. 2009
Public Notices Continued
to wit:
All that lot, tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 382nd District,
G.M. of Madison County,
Georgia, being Lot 15, Block
A, Bryce Landing Subdivision,
and being particularly shown
and described according to a
plat or survey entitled “Final
Plat For: BRYCE LANDING
SUBDIVISION Madison
County, Georgia,” dated
September21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
P.C., certified by Jerry Lee
McColery, Georgia Registered
Surveyor No. 1846, and being
recorded at Plat Slide B-150,
Pages 1A-5A, in the Office of
the Clerk of Superior Court
of Madison County, Georgia,
which said plat and the record
thereof are by reference incor
porated herein for a more
complete description of the
property herein conveyed.
To the best of the under
signed’s information and
belief, the address of the
property is: Lot 15A, Bryce
Landing, 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 confirmation and
audit of the status 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 W.T.’S
HOME BUILDERS, INC., and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Deed to Secure
Debt being foreclosed upon.
This 30th day of July, 2009.
OCONEE STATE BANK
as Attorney-in-fact for W.T.’S
HOME BUILDERS, INC.
FORTSON, BENTLEY AND
GRIFFIN, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(AU6,13,20,27B/1034-7OP 1)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in the
payment of principal and inter
est on those certain Notes
(hereinafter the “Note”), said
Notes being secured by the
real property described in that
certain Deed to Secure Debt
executed by W.T.’S HOME
BUILDERS, INC., dated April
27, 2007, recorded in Deed
Book 1013, Pages 49-52,
in the Office of the Clerk of
Superior Court of Madison
County, Georgia; as modified
by Additional Loan Agreement
dated February 7, 2008, and
recorded in Deed Book 1089,
Page 143, aforesaid Clerk’s
Office; and as further modi
fied by Cross-Collateralization
and Cross-Default Agreement
dated December 18, 2008 and
recorded in Deed Book 1151,
Page 224, aforesaid Clerk’s
Office; 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 Notes secured
thereby, has declared the
entire amount of the indebted
ness 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
September, 2009, within the
legal hours of sale before the
Courthouse door in Madison
County, Georgia, sell at public
outcry to the highest bidder for
cash, the property described
in said Deed to Secure Debt,
to wit:
All that lot, tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 382nd District,
G.M. of Madison County,
Georgia, being Lot 8, Block
A, Bryce Landing Subdivision,
and being particularly shown
and described according to a
plat or survey entitled “Final
Plat For: BRYCE LANDING
SUBDIVISION Madison
County, Georgia,” dated
September21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
P.C., certified by Jerry Lee
McColery, Georgia Registered
Surveyor No. 1846, and being
recorded at Plat Slide B-150,
Pages 1A-5A, in the Office of
the Clerk of Superior Court
of Madison County, Georgia,
which said plat and the record
thereof are by reference incor
porated herein for a more
complete description of the
property herein conveyed.
To the best of the under
signed’s information and
belief, the address of the
property is: Lot 8A, Bryce
Landing, 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 confirmation and
audit of the status 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 W.T.’S
HOME BUILDERS, INC., and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Deed to Secure
Debt being foreclosed upon.
This 30th day of July, 2009.
OCONEE STATE BANK
as Attorney-in-fact for W.T.’S
HOME BUILDERS, INC.
FORTSON, BENTLEY AND
GRIFFIN, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(AU6,13,20,27B/1034-70P1)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in
the payment of principal and
interest on certain Promissory
Notes, (hereinafter the
“Notes”), said Notes being
secured by the real property
described in that certain Deed
to Secure Debt and Security
Agreement executed by RICH
WAY PROPERTIES, INC. to
OCONEE STATE BANK, dated
August 18, 2004, recorded in
Deed Book 722, Pages 179-
198, in the Office of the Clerk
of Superior Court of Madison
County, Georgia as modified
by Additional Loan Agreement
dated November 30,2005, and
recorded in Deed Book 862,
Page 187, aforesaid Clerk’s
Office; as further modified by
Additional Loan Agreement
dated June 27, 2006, and
recorded in Deed Book 922,
Page 136, aforesaid Clerk’s
Office; as further modified by
Additional Loan Agreement
dated October 11, 2006, and
recorded in Deed Book 954,
Page 97, aforesaid Clerk’s
Office; and as further modi
fied by Cross-Collateralization
and Cross-Default Agreement
dated December 18, 2008 and
recorded in Deed Book 1151,
Page 224, aforesaid Clerk’s
Office; 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 and
Security Agreement, OCONEE
STATE BANK, pursuant to
said Deed to Secure Debt and
Security Agreement, and the
Notes secured thereby, has
declared the entire amount
of the indebtedness secured
by said Deed to Secure Debt
and Security Agreement,
due, payable, and collectible;
and, pursuant to the power of
sale contained in said Deed
to Secure Debt and Security
Agreement, will, on the first
Tuesday in September, 2009,
within tine legal hours of sale
before the Courthouse door in
Madison County, Georgia, sell
at public outcry to the highest
bidder for cash, a portion of
the property described in said
Deed to Secure Debt, to wit:
All that tract or parcel of
land containing 124.05 acres,
more or less, together with
all improvements thereon,
situate, lying and being on the
northwesterly side of Georgia
Highway No. 8 (a/k/a U.S.
Highway No. 29) (80’ r/o/w),
and being more particularly
described as follows:
BEGINNING at a 1/2” rebar
iron pin situated on the north
westerly right of way line of
said Georgia Highway No. 8,
said pin being located north
26 degrees 40 minutes 34
seconds east 2403.72 feet
from the intersection of the
centerline of said Georgia
Highway No. 8 with the cen
terline of Fortson Store-Glenn
Cary Road, thence leaving
said right of way line and run
ning north 57 degrees 42 min
utes 01 seconds west 532.82
feet to a point; thence run
ning north 20 degrees 29 min
utes 26 seconds west 309.55
feet to a 1” iron pipe; thence
running north 62 degrees 02
minutes 26 seconds west
1368.91 feet to a 5/8” solid
rod; thence running north 43
degrees 46 minutes 31 sec
onds east 323.19 feet to a
5/8” solid rod; thence running
north 11 degrees 09 minutes
33 seconds west 552.98 feet
to a 1/2” rebar iron pin; thence
running north 11 degrees
08 minutes 43 seconds west
610.07 feet to a 1” iron pipe;
thence running north 10
degrees 12 minutes 16 sec
onds east 233.22 feet to a
1/2” iron pipe; thence running
north 09 degrees 26 minutes
23 seconds east 235.46 feet
to an iron axle; thence running
north 67 degrees 16 minutes
25 seconds east 1000.45 feet
to a 1/2” iron pipe; thence
running south 34 degrees
47 minutes 35 seconds east
2495.30 feet to a point; thence
running south 34 degrees
47 minutes 35 seconds east
864.80 feet to a point located
on the northwesterly right of
way line of Georgia Highway
No. 8; thence running along
and with said right of way
line the following courses and
distances: south 61 degrees
20 minutes 06 seconds west
975.14 feet to a 1/2” rebar
iron pin; and thence an arc to
the left 364.42 feet, said arc
having a radius of 1472.70
feet and being subtended by a
chord distance of 363.49 feet
at south 54 degrees 18 min
utes 11 seconds west to a 1/2”
rebar iron pin, said iron pin
being the point of beginning.
The above property is
shown and described accord
ing to a plat of survey enti
tled “Survey Plat for Richway
Properties, Inc., Madison
County, Georgia” dated
August 16, 2004, prepared by
Armetrout, Roebuck, Matheny
Engineering & Architectural
Consultants, and is hereby
incorporated and made a part
hereof by this reference.
The above described prop
erty is subject to (i) Protective
Covenants for Bryce Landing
Subdivision dated November
1, 2005 and recorded in Deed
Book 852, Pages 123-125
Madison County, Georgia
Records, as amended in Deed
Book 1018, page 206-230
aforesaid records; (ii) Water
Distribution Line and Sanitary
Sewer Line Right-of-Way
Easement dated September
27, 2006 and recorded in
Deed Book 949, Pages 218-
220 Madison County, Georgia
Records; and (iii) Covenant
Regarding Installation of
Underground Electrical
Service to a Residential
Subdivision dated October 12,
2005 and recorded in Deed
Book 895, Pages 207-208
in Madison County, Georgia
Records.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated November 30,
2005 and recorded in Deed
Book 862, Page 196, said
Clerk’s Office, reference being
hereby made to said deed
for a more complete descrip
tion of the property herein
excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc. to
Greenwood Builder Group,
Inc. by Warranty Deed dated
December 8, 2005, and
recorded in Deed Book 870,
Page 185, said Clerk’s Office,
reference being hereby made
to said deed for a more com
plete description of the prop
erty herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006, and recorded in Deed
Book 950, Page 115, said
Clerk’s Office, reference being
hereby made to said deed
for a more complete descrip
tion of the property herein
excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, Page 125, said
Clerk’s Office, reference being
hereby made to said deed
for a more complete descrip
tion of the property herein
excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc.
to Clarksboro Builders, LLC
by Warranty Deed dated
September 22, 2006 and
recorded in Deed Book 950,
page 135, said Clerk’s Office,
reference being hereby made
to said deed for a more com
plete description of the prop
erty herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, Page 145, said
Clerk’s Office, reference being
hereby made to said deed
for a more complete descrip
tion of the property herein
excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, Page 155, said
Clerk’s Office, reference being
hereby made to said deed
for a more complete descrip
tion of the property herein
excepted.
LESS AND EXCEPT all that
tract or parcel of land being
conveyed from Rich-Way
Properties, Inc. to Madison
County Industrial Development
and Building Authority by
Warranty Deed and Easement
dated December 8, 2006, and
recorded in Deed Book 972,
Page 197, said Clerk’s Office,
reference being hereby made
to said deed for a more com
plete description of the prop
erty herein excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc. to
W.T.’S Home Builders, Inc. by
Warranty Deed dated April 25,
2007 and recorded in Deed
Book 1013, Page 39, said
Clerk’s Office, reference being
hereby made to said deed
for a more complete descrip
tion of the property herein
excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc. to
Madison County Industrial
Development and Building
Authority by Warranty Deed
and Easement dated May 15,
2008, and recorded in Deed
Book 1112, Page 169, said
Clerk’s Office, reference being
hereby made to said deed
for a more complete descrip
tion of the property herein
excepted.
To the best of the under
signed’s information and belief
the street address for the
above described property is:
Bryce Landing Subdivision,
Hwy. 29, 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
containing 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 confirmation and
audit of the status 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 RICHWAY-
PROPERTIES, INC. and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Security Deed
being foreclosed upon.
This 30th day of July, 2009.
OCONEE STATE BANK as
Attorney-in-fact for RICH-WAY
PROPERTIES, INC.
FORTSON, BENTLEY AND
GRIFFIN, P.A.
2500 DANIELL’S BRIDGE
ROAD
BUILDING 200, SUITE 3A
ATHENS, GEORGIA 30606
(706) 548-1151
(AU6,13,20,27B/1034-170P1)
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, pur
suant to said Deed to Secure
Debt, and the Note secured
thereby, has declared the
entire amount of the indebted
ness 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
September, 2009, within the
legal hours of sale before the
Courthouse door in Madison
County, Georgia, sell at public
outcry to the highest bidder 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, situ
ate, lying and being in the City
of Comer, the 205th District,
G.M. of Madison County,
Georgia, lying on the souther
ly side of Railroad Avenue and
the easterly side of Georgia
Highway No. 22 and the west
erly side of a 20 foot alley,
and being particularly shown
and described as 0.625 Acre
tract according to a plat of sur
vey entitled “Survey for: KRC
Development, Inc.,” dated
June 3, 2004, prepared by Tim
Wilkes, Georgia Registered
Surveyor No. 2616, and being
recorded at Plat Book B124,
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 incor
porated herein for a more com
plete description of the prop
erty herein conveyed. This
being a portion of the same
property 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 parcel of
land, together with all improve
ments 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 sur
vey entitled “Survey for Ross
Kesterson, “ dated September
4, 2001, prepared by Paul &
Evans Land Surveying, Inc.,
certified 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 confirmation and
audit of the status 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 matters
of record, if any, which are
superior to the Deed to Secure
Debt being foreclosed upon.
This 30th day of July, 2009.
OCONEE STATE BANK
as Attorney-in-fact for KRC
DEVELOPMENT, INC.
FORTSON, BENTLEY AND
GRIFFIN, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(AU6,13,20,27B/1034-90P1)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by BOBBY N. GINN
and JACQUELINE A. GINN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December 15,
2006, and recorded in Deed
Book 974, Page 63, Madison
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to HSBC Bank USA, as
Trustee for MANA2007-A3, by
Assignment securing a Note in
the original principal amount
of $262,500.00, 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
204th District; G.M., Madison
County, Georgia, on the
northwesterly side of Lake
Deerfield Drive, containing
5.64 acres, more or less, and
being known and designat
ed as Lot 22 on a plat pre
pared by F. B. Flournoy, RLS,
dated November 2, 1999, and
recorded in Plat Book B-43,
Page 2, in the Office of the
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.
Said property is known as
505 Lake Deerfield Road,
Hull, GA 30646, together with
all fixtures and personal prop
erty attached to and constitut
ing 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
continued on following page