The Madison County journal. (Hull, Ga.) 1989-current, September 10, 2009, Image 17

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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. SEPTEMBER 10. 2009 - PAGE 5B Public Notices Continued 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 Security Deed and by law, including attorneys 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 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 10/6/09 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. (SE10,17,24, OC1B/12062-60T1P) gpn11 Notice of Sale Notice of Sale Under Power WHEREAS, on June 14, 2000, for value received, LAURA K. REBER executed and delivered to the UNITED STATES OF AMERICA, act ing through the United States Department of Agriculture, a Deed to Secure Debt convey ing certain real estate located in Madison County, Georgia, and said Deed to Secure Debt was recorded in the Office of the Clerk of the Superior Court for Madison County, Georgia, in Book # 267, Page # 149- 155; and WHEREAS, the United States of America now holds the above described security deed covering the said real estate; and WHEREAS, the Deed to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and payable and, in compliance with the power of sale provi sions contained in said secu rity deed proceed to sell the property at public outcry; and WHEREAS, after default, the United States of America has declared all of the indebt edness secured by the Deed to Secure Debt due and pay able and hereby certifies that it has complied with all of its loan servicing regulations; NOW, THEREFORE, the said United States of America, acting as aforesaid, underand in compliance with the power of sale provision contained in the Deed to Secure Debt, will proceed to sell at public out cry, for cash or certified funds to the highest bidder in front of the Courthouse in Madison County, during the legal hours of sale, on the 6th day of October, 2009, the following- described property conveyed in the Deed to Secure Debt, to Wit: ALL that tract or parcel of land lying and being in the 205 G.M.D., Madison County, Georgia, containing 0.791 acres, more or less, and being bounded now or formerly sub stantially as follows: on the Northwest by Brickyard Road (20’PVD) 60’R/W, on the Northeast by Lot 1 Block B, Phase 1, on the Southeast by proposed Lot 9, Block E, and on the Southwest by Lot 3, Block B, Phase 1. Said property is designated as Lot 2, Block B, Buckeye Trail Subdivision Phase 1 on a plat of survey prepared by Cornerstone Land Surveying dated June 19, 1998, which plat of survey recorded at Plat Book 37, p. 70, Madison County, Georgia Records, is hereby incorporated herein by reference. The property herein con veyed is a part of that property conveyed to Buckeye Land & Timber Company by Lassiter Properties, Inc. in a limited warranty deed dated May 15, 1997, recorded at Deed book 67, p. 231, Madison County, Georgia Records and that property to which a one- half interest was conveyed to Steve Ebbert by Buckeye Land and Timber Company in a quitclaim deed dated May 16, 1997, recorded at Deed Book 67, p. 243, Madison County, Georgia Records. The above described prop erty will be sold subject to any and all outstanding real estate taxes that are due and payable. The failure of any high bid der to pay the purchase price and close the sale shall, at the option of the United States of America, be cause for rejec tion of the bid, and, if the bid is rejected, the United States of America shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms there of. The proceeds of said sale will first be applied to the payment of the indebted ness to the United States of America, other charges, and the expenses of sale, as pro vided in the above-described Deed to Secure Debt. This the day of , 2009. UNITED STATES OF AMERICA By: Thomas B. Herron Chief, Default Management Branch United States Department of Agriculture, Rural Development (SE10,17,24,OC1 -n/c) 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 TERALD L. CHAMBERS and NANCY B. CHAMBERS to SUNTRUST MORTGAGE, INC., dated April 23, 2007, recorded in Deed Book 1019, Page 84, Madison County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 1111, Page 92, Madison County, Georgia Records, convey ing the after-described prop erty to secure a Note in the original principal amount of TWO HUNDRED TWENTY THOUSAND AND 0/100 DOLLARS ($220,000.00), with interest thereon as set forth 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 October, 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 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 Security Deed and by law, including attorneys 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 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 isTerald L. Chambers and Nancy B. Chambers or a tenant or tenants and said property is more commonly known as 1237 Irwin Kirk 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. SunTrust Mortgage, Inc. as Attorney in Fact for Terald L. Chambers and Nancy B. Chambers McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/brm 10/6/09 Our file no. 52191909-FT2 EXHIBIT A All that tract or parcel of land containing 20.001 acres, more or less, lying and being in The 204th District, G.M. of Madison County, Georgia, north of Irwin-Kirk Road, and being more particularly Shown and designated as Tract 2 on a Plat prepared by Paul and Evans, Registered Surveyors, dated December 1, 1995, recorded in Plat Book 36, Page 76, Madison County Records, which Plat and record are by reference incorporated herein; PARCEL TWO: An undivided one-half inter est in all that tract or parcel of land containing 1.004 acres, more or less, lying and being in the 204th District, G.M. of Madison County, Georgia, north of Irwin-Kirk Road, and being more particularly Shown and designated as Tract 3 on a Plat prepared by Paul and Evans, registered survey ors, dated December 1, 1995, recorded in Plat Book 36, Page 76, Madison County Records, which Plat and record are by reference incorporated herein, together with a non-exclusive easement over, across and through the remaining one- Half Undivided interest in Tract 3 retained by Lois Stoyle. (SE10,17,24, OC1 B/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 CLIFFORD A. NASH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 8, 2008, recorded in Deed Book 1090, Page 178, Madison County, Georgia Records, as last trans ferred 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 SIXTY- TWO THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($162,750.00), with interest thereon as set forth 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 October, 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 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 Security Deed and by law, including attorneys 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 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 Clifford A. Nash or a tenant or tenants and said property is more commonly known as 1424 Sailors Rd., 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. Wells Fargo Bank, NA. as Attorney in Fact for Clifford A. Nash McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lgk 10/6/09 Our file no. 52333309-FT5 EXHIBIT A All that tract or parcel of land, together with all improve ments thereon, situate, lying and being on Sailors-Gunnel Road in the 383rd G.M. District of Madison County, Georgia, consisting of 1.646 acres, more or less, according to a Plat of survey prepared by Ben McLeroy, Georgia regis tered land surveyor, dated July 14, 1981, revised December 28, 1992, and recorded in Plat Book 31, Page 83, Madison County, Georgia Records. Reference is made to said plat of survey for a more complete description of the property. (SE10,17,24, OC1 B/12062-60T1P) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Madison By virtue of the power of sale contained in that cer tain Georgia Security Deed & Security Agreement from BROWN FUNERAL HOME, INC., MICHAEL TITTLE and STACY TITTLE to BRANCH BANKING & TRUST COMPANY, dated January 23, 2004, and recorded in Deed Book 671, Page 25, MADISON County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of FIVE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($540,000.00) with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the under signed at public outcry to the highest bidder for cash before the Courthouse at MADISON County, Georgia, within the legal hours of sale on Tuesday, October 6, 2009, the property described on Exhibit “A” attached hereto and incor porated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make pay ments on said Note. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees. 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, easements, cov enants, and matters of record superior to the Deed to Secure Debt first set out above, includ ing, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice. To the best knowledge and belief of the undersigned, the Party in possession of the property is Brown Funeral Home, Inc., Michael Tittle and Stacy Tittle, or a tenant or tenants, and said property is more commonly known Tract I & Tract 2, 204th GMD, MADISON County, Georgia. However, please rely only on the metes and bounds legal description contained in this notice for the location of the property. Please note that the undersigned reserves the right to sell the properties sepa rately or together. Branch Banking & Trust Company Attorney in Fact for Brown Funeral Home, Inc., Michael Tittle & Stacy Tittle Martin G. Quirk, Esq. Quirk & Quirk, LLC 6000 Lake Forrest Drive Suite 325 Atlanta, Georgia 30328 (404) 252-1425 EXHIBIT “A” TRACT ONE All that tract or parcel of land, together with all improve ments thereon, situate, lying and being in the 204th GMD, Madison County, Georgia, containing 1.17 acres, more or less, on the easterly side of Georgia Highway No. 98 approximately 0.9 miles south of the intersection of U.S. Highway No. 29 as measured along Highway 98 bounded as a whole as follows: One the northeast by Georgia Highway No. 98; on the southeast by other lands of Nora and Allen Finn; on the southwest by the Hope Thompson Estate and on the northwest by Winford A. Gaines. Shown and delineated on a plat prepared by Nora Ginn and Gerald Wyatt by John H. Wood, Jr., County Surveyor, dated April 28, 1977, recorded in Plat Book 18, page 64, Madison County Records, which plat and the record are by reference incorporated herein for a detailed descrip tion of the metes and bounds of the property herein con veyed. Deed Reference: Deed Book 0-11, page 481, Madison County Records. TRACT TWO All that tract or parcel of land lying and being in the City of Danielsville, in 204th GMD, Madison County, Georgia, and being more particularly described as follows: Beginning at a 1/2 inch rein forced rod set at the intersec tion of the southwestern right of way line of Rev. Montgomery Street (aka Albany Avenue) with the southeastern right of way line of U.S. Highway 29 (right of way width varies); run ning thence along said right of way line of Rev. Montgomery Street, south 59 degrees 49 minutes 47 seconds east a distance of 235.24 feet to a 1/2 inch reinforced rod set; thence leaving said right of way line; and running south 28 degrees 00 minutes 56 seconds west a distance of 216.13 feet to a 1/2 inch rein forced rod set; running thence north 59 degrees 19 minutes 19 seconds west a distance of 251.26 feet to an iron pin found on the southeastern right of way line of U.S. Highway 29; running thence along said right of way line, north 33 degrees II minutes 00 seconds east a distance of 37.47 feet to a point; continuing thence north easterly along the arc of a curve to the left in said right of way line, said arc being sub tended by a chord line having a bearing of north 32 degrees 05 minutes 23 seconds east and a length of 176.43 feet, said curve having a radius of 4,621.67 feet, an arc distance of 176.44 feet to the point of beginning; according to Survey for “Preferred Funeral Services, Inc. and Lawyer’s Title Insurance Corporation,” dated May 21, 1996, prepared by Ben McLeroy & Associates, Inc., under the seal of Ben McElroy, Georgia Registered Land Surveyor No 1184; said tract of land containing 1.196 acres and designated as “Tract 1” according to said survey which survey is incorporated herein and made a part hereof by reference. (SE10,17,24,OC1P4) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County By virtue of a Power of Sale contained in that certain Deed to Secure Debt from MARK R. ZETTEK to SUNTRUST BANK, successor by merg er to BANK OF ATHENS, a Division of GB&T, dated September 19, 2006, and filed and recorded September 19, 2006, in Deed Book 00961, Page 0019, Madison County, Georgia Records, said Deed to Secure Debt having been given to secure a Note of even date in the original principal amount of ONE HUNDRED TWELVE THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($112,500.00), 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 for sale on the first Tuesday in October 2009, all property described in said Deed to Secure Debt, includ ing, but not limited to, the fol lowing described property: All that tract or parcel of land constituting of 1.08 acres, more or less, situate, lying and being in the 382nd District, G.M., Madison County Georgia and being more particularly shown and described according to a plat of survey entitled “Survey for Clifton J. Mason,” prepared by James M. Paul, R.L.S., dated April 6, 1987, recorded in Plat Book 24, Page 351, Madison County Records, and also shown on a plat of survey entitled “Survey for George T. Pate,” prepared by Paul & Evans, R.L.S., dated August 28, 1992, which said plat of survey and the record thereof are hereby incorporated into this description, and made a part hereof by reference thereto. The indebtedness secured by said Deed to Secure Debt has been and is here by declared due because of default under the terms of said Deed to Secure Debt and Note, including, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attor neys’ fees, and other pay ments provided for under the terms of the Deed to Secure Debt 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 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 superi- orto said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in possession of the property is the Mark R. Zettek or his tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohib ited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt. SunTrust Bank is acting as a debt collector. Any infor mation obtained will be used for that purpose. SunTrust Bank as Attorney- in-Fact for Mark R. Zettek Legal Contact: Kathleen M. O’Connell Client Contact: Melissa Hoggatt (404) 813-0571 SunTrust Bank 303 Peachtree Street, Suite 900 Atlanta, Georgia 30308 (SE10,17,24,OC1P4) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Because of default in the payment of the indebted ness secured by a Security Deed executed by SARA WILLIAMS to OPTION ONE MORTGAGE CORPORATION dated January 22, 2008, in the amount of $59,000.00, and recorded in Deed Book 518, Page 96, Madison County, Georgia Records, as last transferred to U.S. Bank Trust National Association, as Trustee of the Sequoia Funding Trust by assignment, the undersigned, U.S. Bank Trust National Association, as Trustee of the Sequoia Funding Trust pursuant to said deed and the note thereby 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 October, 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 improvements thereon, situ- continued on following page