Newspaper Page Text
THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. AUGUST 27. 2009 - PAGE 5B
Public Notices Continued
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:
Suntrust Mortgage, Inc., 1001
Semmes Avenue, Richmond,
VA 23224, 866-384-0903.
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 Demond L. Stovall
or a tenant or tenants and
said property is more com
monly known as 304 Hannah
Heights Trail, Hull, Georgia
30646.
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.
SunTrust Mortgage, Inc. as
Attorney in Fact for Demond
L. Stovall
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/brm 9/1/09
Our file no. 52156508-FT2
EXHIBIT A
All that tract or parcel of land
lying and being in GMD 382 of
Madison County, Georgia, and
being designated as Lot 22 of
Hannah Heights Subdivision,
according to that Plat of survey
prepared for Pintail Partners,
LLC by Carroll Surveying,
LLC, certified by Stacy C.
Carroll, GA RLS #2729, dated
March 16, 2006, and record
ed in Plat Book B159, Pages
001A-006A, Madison County,
Georgia Records, which Plat
incorporated herein and made
a part hereof by reference
thereto for more complete
description of the property
conveyed herein.
(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 LOU HER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated May 2, 2005,
recorded in Deed Book 802,
Page 18, Madison County,
Georgia Records, as last
transferred to SunTrust
Mortgage, Inc. 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
THIRTY-FIVE THOUSAND
AND 0/100 DOLLARS
($135,000.00), 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:
Suntrust Mortgage, Inc., 1001
Semmes Avenue, Richmond,
VA 23224, 866-384-0903.
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 Lou Her or a tenant
or tenants and said property
is more commonly known as
645 Neese Commerce Rd.,
Commerce, Georgia 30530.
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.
SunTrust Mortgage, Inc. as
Attorney in Fact for Lou Her
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/brm 9/1/09
Our file no. 51612309-FT2
EXHIBIT A
Parcel One: All that tract
or parcel of land lying and
being in the 262nd and 383rd
Georgia Militia Districts of
Madison County, State of
Georgia, and being more par
ticularly described as follows:
Beginning at an Iron pin
found on the northeasterly
side of Neese Road (60 foot
right of way) six tenths of a
mile (.6) southeasterly as mea
sured along the northeasterly
side of Neese Road, from the
intersection of Neese Road
with Georgia Highway 98,
said point of beginning also
being located at the line divid
ing property described herein
and property now or formerly
owned by J.C. Pace; running
thence north 68 Degrees 06
Minutes east along the south
easterly line of said place
property, five hundred sixty-
five and four tenth (565.4) feet
to an Iron pin found; running
thence south 16 Degrees 17
Minutes east two hundred sixty
and nine tenths (260.9) feet to
an Iron pin found and prop
erty now or formerly owned by
Stanley Hix; running thence
south 73 Degrees 41 Minutes
west along the northwesterly
line of said Hix property, five
hundred fifty-seven and six-
tenths (557.6) feet to an Iron
pin found on the northeast
erly side of Neese Road; run
ning thence north 17 Degrees
45 Minutes west along the
northeasterly side of Neese
Road, two hundred five and
three tenths (205.3) feet to an
Iron pin found and the point
of beginning containing 3.00
acres and being improved
property having a house
thereon, and being more par
ticularly shown on a survey
prepared by Max Lewallen,
Georgia registered surveyor,
No. 2067, dated November
8, 1978.
Parcel Two: all that tract
or parcel of land containing
3.0 acres, more or less, lying
and being in the 383rd District
G.M., of Madison County,
Georgia, on the easterly side
of Planter-Minish Road and
particularly described as fol
lows:
Beginning at a pin set on
the easterly side of Planter-
Minish Road at the land cor
ner of lands now or formerly
of Hix, which pin is located
south 17 Degrees 57 Minutes
52 Seconds east 205.30 feet
from an Iron pin found as
measured along the easterly
side of Planter-Minish Road;
and running thence north
73 Degrees 50 Minutes 48
Seconds east 556.6 feet to a
pin; thence south 16 Degrees
11 Minutes 05 Seconds east
97.85 feet to a pin; thence
south 42 Degrees 24 Minutes
47 Seconds west 505.28 feet
to a pin set on the north
easterly side of Rogers Road;
thence along the northeasterly
side of Rogers Road and
Planter-Minish Road as the
two merge north 47 Degrees
03 Minutes 37 Seconds
west 199.58 feet and north
26 Degrees 23 Minutes 41
Seconds west 25.63 feet and
north 22 Degrees 32 Minutes
20 Seconds west 165.93 feet
to the point of Beginning;
Said Tract of land is par
ticularly shown and delin
eated on a Plat prepared by
James R. Smith, registered
Email legals to: legals@
mainstreetnews.com
surveyor, dated February 28,
1990, recorded in Plat Book
27, Page 134, Madison
County Records, which Plat
and record are by reference
incorporated herein.
(AU6,13,21,27B/12062-100T1P)
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
MICHAEL F. BENNER and
LOUISE O. BENNER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated October 10, 2006,
and recorded in Deed Book
956, Page 0001, Madison
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to US Bank National
Association, as Trustee for
CSFB Home Equity Pass-
Through Certificates Series
2006-8, by Assignment secur
ing a Note in the original prin
cipal amount of $99,650.00,
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 outcry to the highest
bidder for cash, the property
described in said Deed, to-
wit:
All those two adjoining
and contiguous lots or par
cels of land, together with all
improvements thereon, con
taining 1.147 acres, in the
aggregate, on the southerly
side of Pineview Drive and
more particularly described as
a whole as follows:
Parcel One
Beginning at a pin set on
the Southerly right-of-way
line of Pineview Drive, which
pin is located 779.9 feet
Southwesterly from the right-
of-way of Woodland Creek
Place as measured along the
Southerly right-of-way line of
Pineview Drive and running
thence South 18 degrees 58
minutes east 200.0 feet to a
pin; thence South 71 degrees
02 minutes West 125.0 feet to
a pin; thence continuing South
71 degrees 02 minutes West
125.0 feet to a pin; thence
North 18 degrees 58 minutes
West 200.0 feet to a pin set
on the Southerly right-of-way
line of Pineview Drive; thence
along the southerly right-of-
way line of Pineview Drive
North 71 degrees 02 minutes
East 125.0 feet to the corner
of beginning;
Said lots being Lots 13 and
14, Block “D”, Brown Brothers
Farm, Inc., are particularly
shown and delineated on a
plat prepared by Landmark
Engineering Corporation, J.R.
Holland, Registered Surveyor,
dated September 20, 1982,
recorded in Plat Book 20,
Page 175, in the Office of the
Clerk of the Superior Court
of Madison County, Georgia,
which plat and record are by
reference incorporated herein;
Parcel Two
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
382nd District, G.M., Madison
County, Georgia, shown and
designated as Tract II, portion
of Lot 12, Block D as shown
according to a plat entitled
“Survey for Michael F. & Louise
O. Benner”, dated January
25, 1989, by Ray N. Woods,
Registered Surveyor, record
ed in Plat Book 26, Page 252,
in said Clerk’s Office; said plat
is hereby specifically referred
to and incorporated herein as
part of the description.
Said property is known as
524 Virgina Lane, Hull, GA
30646, together with all fix
tures 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 confirmation 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 Michael F.
Benner and Louise O. Benner,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being
presently in the possession of
Louise O. Benner and Michael
F. Benner, and the proceeds
of said sale will be applied to
the payment of said indebted
ness and all the expenses of
said sale, including attorney’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
CSFB Home Equity Pass-
Through Certificates Series
2006-8 as Attorney-in-Fact for
Michael F. Benner and Louise
O. Benner
File no. 07-7996
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/LW
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/1323-80T1P)
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 Notes
(hereinafter the “Notes”), 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
25, 2007, recorded in Deed
Book 1013, Pages 69-72,
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 148, 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 13, 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
September 21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
PC., 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 13A, 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 that certain Notes
(hereinafter the “Notes”), 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
25, 2007, recorded in Deed
Book 1013, Pages 65-68,
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 147, 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 12, 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
September 21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
PC., 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 12A, 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 that certain Notes
(hereinafter the “Notes”), 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
25, 2007, recorded in Deed
Book 1013, Pages 53-56,
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 144, 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 9, 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
September 21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
PC., 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 9A, 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
continued on following page