Newspaper Page Text
THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. AUGUST 27. 2009 - PAGE 7B
Public Notices Continued
feet to a 5/8” solid rod; thence
running north 11 degrees 09
minutes 33 seconds west
552.98 feet to a 1/2” rebar iron
pin; thence running north 11
degrees 08 minutes 43 sec
onds west 610.07 feet to a 1”
iron pipe; thence running north
10 degrees 12 minutes 16
seconds east 233.22 feet to a
1/2” iron pipe; thence running
north 09 degrees 26 minutes
23 seconds east 235.46 feet
to an iron axle; thence running
north 67 degrees 16 minutes
25 seconds east 1000.45 feet
to a 1/2” iron pipe; thence
running south 34 degrees
47 minutes 35 seconds east
2495.30 feet to a point; thence
running south 34 degrees
47 minutes 35 seconds east
864.80 feet to a point located
on the northwesterly right of
way line of Georgia Highway
No. 8; thence running along
and with said right of way
line the following courses and
distances: south 61 degrees
20 minutes 06 seconds west
975.14 feet to a 1/2” rebar
iron pin; and thence an arc to
the left 364.42 feet, said arc
having a radius of 1472.70
feet and being subtended by a
chord distance of 363.49 feet
at south 54 degrees 18 min
utes 11 seconds west to a 1/2”
rebar iron pin, said iron pin
being the point of beginning.
The above property is shown
and described according to a
plat of survey entitled “Survey
Plat for Richway Properties,
Inc., Madison County, Georgia”
dated August 16, 2004, pre
pared byArmetrout, Roebuck,
Matheny Engineering &
Architectural Consultants, and
is hereby incorporated and
made a part hereof by this
reference.
The above described prop
erty is subject to (i) Protective
Covenants for Bryce Landing
Subdivision dated November
1, 2005 and recorded in Deed
Book 852, Pages 123-125
Madison County, Georgia
Records, as amended in Deed
Book 1018, page 206-230
aforesaid records; (ii) Water
Distribution Line and Sanitary
Sewer Line Right-of-Way
Easement dated September
27, 2006 and recorded in
Deed Book 949, Pages 218-
220 Madison County, Georgia
Records; and (iii) Covenant
Regarding Installation of
Underground Electrical Service
to a Residential Subdivision
dated October 12, 2005 and
recorded in Deed Book 895,
Pages 207-208 in Madison
County, Georgia Records.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated November 30,
2005 and recorded in Deed
Book 862, Page 196, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc. to
Greenwood Builder Group,
Inc. by Warranty Deed dated
December 8, 2005, and
recorded in Deed Book 870,
Page 185, said Clerk’s Office,
reference being hereby made
to said deed for a more com
plete description of the prop
erty herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006, and recorded in Deed
Book 950, Page 115, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, Page 125, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, page 135, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, Page 145, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, Page 155, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all that
tract or parcel of land being
conveyed from Rich-Way
Properties, Inc. to Madison
County Industrial Development
and Building Authority by
Warranty Deed and Easement
dated December 8, 2006, and
recorded in Deed Book 972,
Page 197, said Clerk’s Office,
reference being hereby made
to said deed for a more com
plete description of the prop
erty herein excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc. to
W.T.’S Home Builders, Inc. by
Warranty Deed dated April 25,
2007 and recorded in Deed
Book 1013, Page 39, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc. to
Madison County Industrial
Development and Building
Authority by Warranty Deed
and Easement dated May 15,
2008, and recorded in Deed
Book 1112, Page 169, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
To the best of the under
signed’s information and belief
the street address for the
above described property is:
Bryce Landing Subdivision,
Hwy. 29, 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
containing 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, PO. 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 RICHWAY-
PROPERTIES, INC. and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Security Deed
being foreclosed upon.
This 30th day of July, 2009.
OCONEE STATE BANK as
Attorney-in-fact for RICH-WAY
PROPERTIES, INC.
FORTSON, BENTLEY AND
GRIFFIN, PA.
2500 DANIELL’S BRIDGE
ROAD
BUILDING 200, SUITE 3A
ATHENS, GEORGIA 30606
(706) 548-1151
(AU6,13,20,27B/1034-170P1)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by BOBBY N. GINN
and JACQUELINE A. GINN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December 15,
2006, and recorded in Deed
Book 974, Page 63, Madison
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to HSBC Bank USA, as
Trustee for MANA2007-A3, by
Assignment securing a Note in
the original principal amount
of $262,500.00, the holder
thereof pursuant to said Deed
and 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, 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 that tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 204th District;
G.M., Madison County,
Georgia, on the northwesterly
side of Lake Deerfield Drive,
containing 5.64 acres, more
or less, and being known and
designated as Lot 22 on a plat
prepared by F. B. Flournoy,
RLS, dated November2,1999,
and recorded in Plat Book
B-43, Page 2, in the Office of
the 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.
Said property is known as
505 Lake Deerfield Road,
Hull, GA 30646, together with
all fixtures and personal prop
erty attached to and constitut
ing 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 Bobby N. Ginn
and Jacqueline A. Ginn, the
property, to the best informa
tion, knowledge and belief of
the undersigned, being pres
ently in the possession of
Bobby N. Ginn and Jacqueline
A. Ginn, and the proceeds of
said sale will be applied to the
payment of said indebtedness
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.
HSBC Bank USA, as
Trustee for MANA 2007-A3 as
Attorney-in-Fact for Bobby N.
Ginn and Jacqueline A. Ginn
File no. 09-013496
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/KF
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/1323-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of
the power of sale contained
in a Security Deed from
TIMOTHY J. SCOGIN to
BANK OF AMERICA, N.A.,
dated September 10, 2007,
recorded November 8, 2007,
in Deed Book 1065, Page
219, Madison County, Georgia
Records, said Security Deed
being given to secure a Note
from Timothy J. Scogin of
even date in the original princi
pal amount of SEVENTY-ONE
THOUSAND ONE HUNDRED
TWENTY-EIGHT AND NO/100
($71,128.00) DOLLARS, with
interest from date at a rate per
cent per annum on the unpaid
balance until paid; there will
be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse door at Madison
County, Georgia, within the
legal hours of sale on the
first Tuesday in September,
2009, the following described
property:
The following real prop
erty situate in County of
Madison and State of Georgia,
described as follows:
All that tract or parcel of
land lying and being in the
205th GMD, Madison County,
Georgia, containing 3.035
acres and being designated
as Tract 2 on plat referenced
herein below. Said tract is
more particularly shown and
designated on plat referred
by Thomas R. Paul, surveyor,
dated March 15, 2007, record
ed in Plat Book B181, page
4C, Madison County records,
which plat and recorded are by
reference incorporated herein.
Property Address: 1700
Pine Valley Farm Road
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, fail
ure to pay the indebtedness
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 pro
vided in the Security Deed
and by law, including attor
ney’s fees (notice of intent to
collect attorney’s 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, ease
ments, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
To the best knowledge and
belief of the undersigned,
the party in possession of
the property is TIMOTHY J.
SCOGIN or a tenant or ten
ants.
BANK OF AMERICA,
N.A., as attorney in Fact for
TIMOTHY J. SCOGIN
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 6970A-01074
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
(AU6,13.20.27B/16022-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in that
certain Deed to Secure Debt
from LORA N. CHANDLER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. in the original principal
amount of $200,000.00 dated
08/21/2003, and recorded in
Deed Book 615, Page 11,
Madison County Records,
said Security Deed being last
transferred and assigned to
CitiMortgage, Inc. in Deed
Book 1123, Page 49, the
undersigned will sell at public
outcry to the highest bidder for
cash before the Courthouse
door in said County, during
the legal hours of sale, on the
first Tuesday of September,
2009, by CitiMortgage, Inc.,
as Attorney-in-Fact for Lora
N. Chandler the following
described property:
All that tract or parcel of land
together with all improvements
thereon, containing 2.804
acres, more or less, situate,
lying and being in the 383rd
G.M. District, Madison County,
Georgia, and being more par
ticularly shown and designat
ed as Tract One on a plat pre
pared by Woods and Chastain
Surveyors, Inc., Ray N. Woods,
Registered Surveyor, dated
March 7, 2002, recorded in
Plat Book B-81, Page 5, Office
of the Clerk of Superior Court
of Madison County, Georgia,
which plat and record are by
reference incorporated herein.
Together with a non-exclu-
sive thirty foot easement of
ingress and egress over,
across, and through tract one,
tract two, and tract four, run
ning from the above described
property in a westerly direc
tion to Georgia Highway 106,
which thirty foot ingress and
egress easement is more par
ticularly shown and delineated
on the above referenced plat
and incorporated herein by
reference.
This property is conveyed
subject to the aforementioned
thirty foot ingress-egress ease
ment of tract two as shown
and designated on the above
referenced plat.
This property is conveyed
subject to the aforementioned
thirty foot ingress-egress
easement in favor of tract two
as shown and designated on
the above referenced plat.
Subjectto Road Maintenance
Agreement recorded in Deed
Book 437, pages 185-186,
Madison County, Georgia
records, which is be reference
incorporated herein.
Property known as: 19 DL
Harris Drive, Hull, GA 30646
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default
in the payment of the indebt
edness secured thereby, this
sale will be made for the pur
poses of paying the same and
all expenses of sale, including
attorney’s fees, (notice hav
ing been given as provided
by law).
The property will be sold as
the property of The Aforesaid
Grantors subject to the fol
lowing:
(1) all prior restrictive cov
enants, easements, rights-of-
way or encumbrances; (2) all
valid zoning ordinances; (3)
matters which would be dis
closed by an accurate sur
vey of the property; (4) the
outstanding ad valorem taxes
and assessments, if any; (5)
unpaid water and sewage bills,
that constitute liens against
the property, whether due and
payable or not yet due and
payable; and (6) matters of
record superior to the security
deed first set out above.
Pursuant to O.C.G.A.
Section 44-14-162.2 the name
of the person or entity who has
the full authority to negotiate,
amend, or modify the terms of
the aforementioned indebted
ness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend or
modify said indebtedness.
To the best of the under
signed’s knowledge and belief,
the party in possession is Lora
N. Chandler.
CitiMortgage, Inc., as
Attorney-in-fact for Lora N.
Chandler.
This law firm is acting as a
debt collector attempting to
collect a debt, any information
obtained will be used for that
purpose.
Pendergast & Jones, PC.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
(AU6,13,20,27B/224-70)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by RANDY L. BUICE
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated June 27, 2001,
in the amount of $52,200.00,
and recorded in Deed Book
352, Page 197, Madison
County, Georgia Records, as
last transferred to Nationstar
Mortgage LLC by assignment,
the undersigned, Nationstar
Mortgage LLC pursuant to
said deed and the 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 in September,
2009, during the legal hours of
sale, at the Courthouse door in
Madison County, sell at public
outcry to the highest bidder for
cash, the property described
in said deed to-wit:
All that tract or parcel of land
, together with all improve
ments thereon, containing
1.154 acres, more or less,
situate, lying and being in
the 382nd District, G.M. of
Madison County, Georgia,
and being known and desig
nated as #22 W & R Farms,
and being more particularly
described on a plat entitled
PLAT FOR PHASE TWO OF
W & R FARMS, dated October
4, 1985, recorded in Plat Book
23, Page 110, in the Office of
the Clerk of the Superior Court
of Madison County, Georgia,
which plat and record are by
reference incorporated herein;
Grantor represents, covenants
and agrees that the mobile
(manufactured) home located
on the land is to remain on the
land and has been permanent
ly affixed to the land described
herein, so as to become a part
of the real property.
which has the property
address of 155 Fernwood
Drive, Hull, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
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 attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold
as the property of Randy L.
Buice and the proceeds of
said sale will be applied to the
payment of said indebtedness,
the expense of said sale, all
as provided in said deed, and
the undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
Nationstar Mortgage LLC
Attorney in Fact for Randy L.
Buice
Anthony DeMarlo, Attorney/
kg rant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-18022 /FNMA
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.
(AU6,13,20,27B/1325-50)
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 thatcer-
tain Security Deed, dated
November 1, 2007, execut
ed by JAIME C.CHERRY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., recorded inDeed Book
1065, Page 174, Madison
County, Georgia Deed
Records, andsecuring a Note
in the original principal amount
of $77,000.00, saidSecurity
Deed and Note last having
been assigned to Taylor, Bean
&Whitaker Mortgage Corp.,
the current holder thereof, has
declared theentire amount of
said indebtedness evidenced
by the Note immediately due-
and payable and, pursuant to
the power of sale contained in
saidSecurity Deed, will, on the
first Tuesday in September,
2009, to-wit:September
1, 2009, during the legal
hours of sale, before the
MadisonCounty Courthouse
door, sell at public outcry to
the highest bidder forcash, the
following described real prop
erty:
All that tract or parcel of
land together with all improve
ments thereon,situate, lying
and being in the 438th District,
G.A,. Madison County,Georgia,
containing 1.666 acres, more
or less, and being morepar-
ticularly described on a Plat
of Survey entitled “Survey for
WayneHolloway”, dated July
9, 1994, by James M. Paul,
Registered Landsurveyor,
recorded in Plat Book 33,
Page 163, in the Office of
the Clerkof the Superior Court
of Madison County, Georgia,
said Plat beingincorporated
herein by reference for a more
particular description.
The aforedescribed real
property is also known as 6021
Highway 29 N,Danielsville,
Georgia, according to the
present system of numbering-
houses in Madison County,
Georgia.
This sale will be conducted
subject (1) to confirmation that
thesale is not prohibited under
the U.S. Bankruptcy Code and
(2) to finalconfirmation and
audit as to the amount and
status of the loan with the-
holder of the Security Deed,
including but not limited to,
adetermination that the bor
rower has not reinstated the
loan prior to theforeclosure
sale.
Said real property will be
sold subject to any outstand
ing advalorem taxes (includ
ing taxes which are a lien,
but not yet due andpay-
able), the right of redemp
tion of any taxing authority,
any matters which might be
disclosed by an accurate sur
vey and inspection of thereal
property, any assessments,
liens, encumbrances, zoning
ordinances,restrictions, cov
enants, and matters of record
superior to the SecurityDeed
first set out above.
Upon information and belief,
said real property is presently
inthe possession or control
of Jaime C. Cherry and the
proceeds of saidsale will be
applied to the payment of said
indebtedness and all theex-
continued on following page