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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. AUGUST 20. 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, trans
ferred and conveyed to US
Bank National Association,
as Trustee for the Banc of
America Funding 2007-6
Trust, by Assignment secur
ing a Note in the original prin
cipal amount of $164,500.00,
the holder thereof pursuant
to said Deed and 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,
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,
situate, lying and being in
the 262nd District, G.M.,
Madison County, Georgia,
and being that 12.63 acres,
more or less, as more par
ticularly 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 herein
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 (includ
ing taxes which are a lien,
whether or not now due and
payable), the right of redemp
tion of any taxing authority,
any matters which might be
disclosed by an accurate sur
vey 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.
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, knowl
edge and belief of the under
signed, being presently in
the possession of William J.
Smith Jr., and the proceeds
of said sale will be applied to
the payment of said indebt
edness and all the expenses
of said sale, including attor
ney’s fees, all as provided in
said Deed, and the balance,
if any, will be distributed 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 TRUST COMPANY,
dated April 02, 2004, record
ed April 12, 2004, in Deed
Book 682, Page 94, Madison
County, Georgia Records,
said Security Deed hav
ing 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 pro
vided for 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, all property
described in said Security
Deed including but not limit
ed 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 nonpay
ment 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 attor
ney’s 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 follow
ing items which may affect
the title to said property: all
zoning ordinances; matters
which would be disclosed
by an accurate survey or by
an inspection of the prop
erty; any outstanding taxes,
including but not limited to
ad valorem taxes, which con
stitute liens upon said prop
erty; special assessments; all
outstanding bills for public
utilities which constitute liens
upon said property; all restric
tive 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 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 con
firmation 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 pub
lic outcry to the highest bid
der 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 particular
ly 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
incorporated 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 per
sonal 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 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.
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
principal 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, pur
suant to the powers con
tained therein, the proper
ty 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 con
vey title to the purchaser as
attorney-in-fact for Griffeth.
The money derived from the
sale will be applied: first to
the expenses of said sale;
secondly, to the amount due
on said Notes; and the bal
ance, 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, PC.
1223 George C. Wilson
Drive
Augusta, Georgia 30909
706-860-9995
State Bar No. 129754
EXHIBIT “A”
ALL that lot, tract or parcel
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 con
taining 0.748 acres, more or
less, of Isabelle’s Place sub
division as particularly shown
and described according
to a plat of survey of said
subdivision dated March 15,
2007, prepared 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 refer
ence 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
principal 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, pur
suant to the powers con
tained therein, the proper
ty 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 con
vey title to the purchaser as
attorney-in-fact for Griffeth.
The money derived from the
sale will be applied: first to
the expenses of said sale;
secondly, to the amount due
on said Notes; and the bal
ance, 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, PC.
1223 George C. Wilson
Drive
Augusta, Georgia 30909
706-860-9995
State Bar No. 129754
EXHIBIT “A”
ALL that lot, tract or parcel
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 con
taining 0.957 acres, more or
less, of Isabelle’s Place sub
division as particularly shown
and described according
to a plat of survey of said
subdivision dated March 15,
2007, prepared 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 refer
ence incorporated herein for
a more complete description
of the property herein con
veyed.
(AU6,13,20,27P4)
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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 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 APART
HEREOF
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).
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 sur
vey 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.
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 under
stand that the secured credi
tor 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 property is Ricky Smith
or a tenant or tenants and
said property is more com
monly 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
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