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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. AUGUST 20. 2009 - PAGE 3B Public Notices gpn11 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) gpn11 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) 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 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) gpn11 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) gpn11 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) 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 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