The Madison County journal. (Hull, Ga.) 1989-current, August 27, 2009, Image 19

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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. AUGUST 27. 2009 - PAGE 4B Public Notices 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, 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, according to the present numbering sys tem 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 indebted ness 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) 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 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 thereby 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 news paper 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 subdivi sion 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 refer ence incorporated herein for a more complete description of the property herein conveyed. (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 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 thereby 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 news paper 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 subdivi sion 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 refer ence incorporated herein for a more complete description of the property herein conveyed. (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 EXHIBIT A ATTACHED HERETO AND MADE A PART 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 indebtedness as and when due and in the manner pro vided 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 attorneys fees (notice of intent to collect attorneys fees hav ing 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 confirmation 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 particularly 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 a Security Deed given by BETTY B. BROCK to CENTEX HOME EQUITY COMPANY, LLC, dated April 26, 2004, recorded in Deed Book 689, Page 93, Madison County, Georgia Records, convey ing the after-described prop erty to secure a Note in the original principal amount of NINETY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($94,500.00), 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 EXHIBIT A ATTACHED HERETO AND MADE A PART 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 indebtedness as and when due and in the manner pro vided 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 attorneys fees (notice of intent to collect attorneys fees hav ing 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: NationStar Mortgage LLC, 350 Highland Drive, Lewisville, TX 75067, 888-850-9398x3705. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mort gage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Betty Winburn fka Betty Brock or a tenant or tenants and said property is more commonly known as 1235 Loyd Nelms Road, Nicholson, Georgia 30565. 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. Nationstar Mortgage LLC fka Centex Home Equity Company, LLC as Attorney in Fact for Betty B. Brock McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/hw1 9/1/09 Our file no. 52058309-FT8 EXHIBIT A All that tract or parcel of land, together with the all improvements thereon, situ ate, lying and being in the 383rd District, GM, Madison County, Georgia, containing 2.223 acres, more or less, and being shown as “2.223 acres” on a plat of survey prepared by Ben McLeroy and Associates, Ben McLeroy, registered land surveyor, dated July 22, 1980 and recorded in Plat Book 15, Page 333, in the Office of the Clerk of Superior Court, Madison County, Georgia ref erence being made thereto for a more complete description. The residence situate on the above tract or land is desig nated as 1235 Loyd Nelms Road according to the pres ent system of numbering resi dences in Madison County, Georgia. (AU6,13,20,27B/12062-60T1P) 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 TONY G. MARTIN and CANDY M. MARTIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 2, 2004, recorded in Deed Book 759, Page 10, Madison County, Georgia Records, as last transferred to Wells Fargo Bank, NA 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 ONE HUNDRED FIFTEEN THOUSAND FOUR HUNDRED SIXTY- FOUR AND 0/100 DOLLARS ($115,464.00), 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 follow ing described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART 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 indebtedness as and when due and in the manner pro vided 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 attorneys fees (notice of intent to collect attorneys fees hav ing 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: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416- 1472. 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 property is Tony G. Martin and Candy M. Martin or a tenant or tenants and said property is more commonly known as 288 Hickory Hills Road, Danielsville, Georgia 30633. 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. Wells Fargo Bank, NA as Attorney in Fact for Tony G. Martin and Candy M. Martin. McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cam 9/1/09 Our file no. 52025709-FT7 EXHIBIT A All that tract or parcel of land, together with all improve ments thereon, situate, lying and being in the 438th G.M.D., Madison County, Georgia, containing 2.00 acres, more or less being known and des ignated as Lot 2, as shown on a plat of survey entitled “Survey & Plat for: Pat Cronic & Derek Cronic”, dated June 7, 2004, prepared by F. & M Land Surveyors, F.B. Flournoy, Registered Land Surveyor, said plat being recorded in Plat Book B-122, Pages 8B in the Office of the Clerk of the Superior Court of Madison County, Georgia, and being incorporated herein by ref erence for a more particular description. There is a fence encroach ment across the rear of the property as shown on the above referenced plat. (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 a Security Deed given by DEMOND L. STOVALL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 27, 2007, recorded in Deed Book 989, Page 58, Madison County, Georgia Records, as last trans ferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 1192, Page 33, Madison County, Georgia Records, conveying the after- described property to secure a Note in the original principal amount of ONE HUNDRED FIFTY-NINE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($159,200.00), 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 EXHIBIT A ATTACHED HERETO AND MADE A PART 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 indebtedness as and when due and in the manner pro vided 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 attorneys fees (notice of intent to collect attorneys fees hav- continued on following page