The Madison County journal. (Hull, Ga.) 1989-current, August 27, 2009, Image 20

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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