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PAGE 6B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY.SEPTEMBER 10. 2009
Public Notices Continued
ate, lying and being in the
382nd District, G.M., Madison
County, Georgia, being shown
as Lot No. 3 on that certain
plat of survey dated November
19, 1975, prepared by John
H. Wood, Jr., Registered
Land Surveyor, and recorded
in Plat Book 17, Page 307,
in the Office of the Clerk of
Superior court, Madison
County, Georgia, reference
being made thereto for a more
particular description of the
property herein conveyed,
this being the same property
acquired by Grantor herein
by Warranty Deed dated
December 9, 1993, of record
in Deed Book G-11, Page
542, in said Clerks Office. The
dwelling situate on the above
tract of land is known and
designated as 765 Piedmont
Road according to the present
system of numbering houses
in Madison County, Georgia.
which has the property
address of 765 Piedmont
Road, 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 Sara Williams
and the proceeds of said sale
will be applied to the pay
ment 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.
U.S. Bank Trust National
Association, as Trustee of
the Sequoia Funding Trust
Attorney in Fact for Sara
Williams
Anthony DeMarlo, Attorney/
kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20491 /CONV
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.
(SE10,17,24, OC1B/1325-60)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by TAMMY T.
COGGINS and BENJAMIN F.
COGGINS to WELLS FARGO
HOME MORTGAGE INC.,
now WELLS FARGO BANK,
N.A. dated April 30, 2002,
and recorded in Deed Book
532, Page 205, Madison
County Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to The Bank of New
York Mellon Trust Company
NA, fka The Bank of New York
Trust Company NAas Trustee
for CWMBS 2005-R2 by
Assignment securing a Note
in the original principal amount
of $117,161.00, 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, October 6, 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 lying and being in the
262nd District, G.M., Madison
County, Georgia, and being
that 4.039 acres, more or
less, designated as Lot 33 of
S. Schwarzchild Property, as
more particularly shown on
a plat of survey prepared for
William W. Shirley by John
W. Burroughs, Jr., Registered
Surveyor, dated February 1,
1978, recorded at Plat Book
26, Page 238, in the Office of
the Clerk of the Superior Court
of Madison County, Georgia,
and incorporated herein and
made a part hereof by ref
erence for a more detailed
description.
Said property is known as
206 Blacks Creek Church
Road, Danielsville, GA
30633, 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 Tammy
T. Coggins and Benjamin F.
Coggins, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the pos
session of Tammy T. Coggins
and Benjamin F. Coggins, 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 dis
tributed as provided by law.
The Bank of New York
Mellon Trust Company NA, fka
The Bank of New York Trust
Company NA as Trustee for
CWMBS 2005-R2 as Attorney-
in-Fact for Tammy T. Coggins
and Benjamin F. Coggins
File no. 06-4799
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/LS
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]
(SE10,17,24, OC1B/1323-60T1P)
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 contained in a
Security Deed given by LESLIE
M. CURRY to CENDANT
MORTGAGE CORPORATION
dba COLDWELL BANKER
MORTGAGE, dated
December 31, 2003, record
ed in Deed Book 654,
Page 154, Madison County,
Georgia Records, as last
transferred to PHH Mortgage
Corporation 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
FORTY-SEVEN THOUSAND
THREE HUNDRED THIRTY-
FIVE AND 0/100 DOLLARS
($147,335.00), 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
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 negoti
ate, amend, and modify all
terms of the mortgage with
the debtor is: PHH Mortgage
Corporation, Mailstop SV01,
4001 Leadenhall Rd., Mount
Laurel, NJ 08054, 800-750-
2518. 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 Leslie M. Curry
or a tenant or tenants and
said property is more com
monly known as 1129 Helican
Springs Road, Athens,
Georgia 30603.
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.
PHH Mortgage Corporation
as Attorney in Fact for Leslie
M. Curry
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/maO 10/6/09
Our file no. 5346708-FT1
EXHIBIT A
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, and being
known and designated as Lot
3B according to survey for
Lloyd Roberts by Timberland
management Services, Inc.,
certified by W. W. Lester,
Registered Land Surveyor,
dated January 21, 1986, and
recorded in Plat Book 25, Page
15, in the Office of the Clerk
of Superior Court of Madison
County, Georgia, reference to
which is hereby made for a
more particular description of
the property herein conveyed.
(SE10,17,24,OC1 B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On April 12,
2006, SEAGRAVES
MANAGEMENT, INC. exe
cuted a Security Deed
with Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of even
date in the amount of ONE
MILLION FOUR HUNDRED
FOURTEEN THOUSAND
FOUR HUNDRED TWENTY-
TWO AND 81/100 DOLLARS
($1,414,422.81), said secu
rity deed being recorded in
Deed Book 901, Pages 63-70,
Madison County Records.
Said security deed conveyed
the property hereinafter
described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
for cash, before the Madison
County Courthouse door in
Danielsville, Georgia, during
the legal hours of sale, being
10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday
in October, the same being
October 6, 2009, the following
described property:
TRACT ONE:
All that tract or parcel of
land, together with all improve
ments thereon, containing
362.30 acres, more or less,
situate, lying and being in
the 262nd District, G.M. of
Madison County, Georgia and
being more particularly shown
and designated as Tract 1
on a plat entitled “SURVEY
FOR: MARY HART”, prepared
by Bauknight & Associates,
Inc., W. Slate Bauknight,
Registered Surveyor, dated
April 18, 2005, recorded in Plat
Book B143, Page 4A, Madison
County Records, which plat
and record are by reference
incorporated herein;
TRACT TWO:
All that tract or parcel of
land, together with all improve
ments thereon, containing
45.79 acres, more or less,
situate, lying and being in
the 262nd District, G.M. of
Madison County, Georgia and
being more particularly shown
and designated as Tract 2
on a plat entitled “SURVEY
FOR: MARY HART”, prepared
by Bauknight & Associates,
Inc., W. Slate Bauknight,
Registered Surveyor, dated
April 18, 2005, recorded in Plat
Book B143, Page 4A, Madison
County Records, which plat
and record are by reference
incorporated herein;
The debt secured by said
security deed and note has
been and is hereby declared
due and payable because of
default for non-payment as
required by the note and secu
rity deed. The debt having
been declared due and pay
able and remaining unpaid,
and the terms in the note and
security deed remaining in
default, this sale will be made
for the purpose of paying the
principal, accrued interest and
attorney’s fees pursuant to the
note and security deed, plus
all expenses of this sale.
Said property will be sold
as the property of Seagraves
Management, Inc. and sub
ject to outstanding ad valor
em taxes and/or easements
and/or restrictive covenants
appearing of record, if any.
The undersigned will comply
with Georgia law, O.C.G.A.
Section 44-14-162.2, prior to
conducting the sale.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Seagraves
Management, Inc.
The entity with full author
ity to negotiate, amend and
modify all terms of the mort
gage with Debtor is Merchants
& Farmers Bank, PO. Box
316, Colbert, Georgia 30628,
Phone Number 706-788-
2133.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided in
the aforementioned deed to
secure debt to Merchants &
Farmers Bank.
Dated this 10th day of
August, 2009.
Merchants & Farmers Bank
Attorney-in-fact for Seagraves
Management, Inc.
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(SE10,17,24,OC1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On February 20, 2006,
CHARLES C. DINSMORE
executed a Deed to Secure
Debt with Power of Sale to
Merchants & Farmers Bank
securing a note of even
date in the amount of ONE
HUNDRED THIRTY-SIX
THOUSAND ONE HUNDRED
TWENTY-FOUR AND 50/100
DOLLARS ($136,124.50), said
security deed being record
ed in Deed Book 887, Pages
171-175, Madison County
Records. Said security deed
conveyed the property herein
after described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
for cash, before the Madison
County Courthouse door in
Danielsville, Georgia, during
the legal hours of sale, being
10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday
in October, the same being
October 6, 2009, the following
described property:
All that tract or parcel of
land, together with all improve
ments thereon, containing
8.557 acres, more or less,
situate, lying and being in the
262nd District, G.M., Madison
County, Georgia, and being
more particularly described
on the plat dated April 16,
2005 entitled “Survey for:
Jeffie Fitzpatrick Estate” by
Rufus E. Owens, Registered
Land Surveyor, recorded in
Plat Book B141, Page 2A,
in the Office of the Clerk of
the Madison County Superior
Court, which plat and record
are by reference incorporated
herein.
The debt secured by said
security deed and note has
been and is hereby declared
due and payable because of
default for non-payment as
required by the note and secu
rity deed. The debt having
been declared due and pay
able and remaining unpaid,
and the terms in the note and
security deed remaining in
default, this sale will be made
for the purpose of paying the
principal, accrued interest and
attorney’s fees pursuant to the
note and security deed, plus
all expenses of this sale.
Said property will be sold
as the property of Charles
C. Dinsmore and subject to
outstanding ad valorem taxes
and/or easements and/or
restrictive covenants appear
ing of record, if any. The
undersigned will comply with
Georgia law, O.C.G.A. Section
44-14-162.2, prior to conduct
ing the sale.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Charles C.
Dinsmore.
The entity with full author
ity to negotiate, amend and
modify all terms of the mort
gage with Debtor is Merchants
& Farmers Bank, P.O. Box
316, Colbert, Georgia 30628,
Phone Number 706-788-
2133.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided in
the aforementioned deed to
secure debt to Merchants &
Farmers Bank.
Dated this 10th day of
August, 2009.
Merchants & Farmers Bank
Attorney-in-fact for Charles C.
Dinsmore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(SE10,17,24,OC1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On December 29, 2006,
CHARLES C. DINSMORE
executed a Security Deed
with Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of even
date in the amount of ONE
HUNDRED SEVENTY-FIVE
THOUSAND FIVE HUNDRED
FIVE AND 00/100 DOLLARS
($175,505.00), said security
deed being recorded in Deed
Book 987, Pages 225-230,
Madison County Records.
Said security deed conveyed
the property hereinafter
described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
for cash, before the Madison
County Courthouse door in
Danielsville, Georgia, during
the legal hours of sale, being
10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday
in October, the same being
October 6, 2009, the following
described property:
All that tract or parcel of
land, together with all improve
ments thereon, containing 39
acres, more or less, lying and
being in the 204th District, G.
M., Madison County, Georgia,
on the westerly side of U.S.
Highway 29 approximately
3/4 of a mile northerly from
Danielsville and bounded now
or formerly as follows: On the
northeast by lands of Aradt,
Bridges, Bond, Fairfield Baptist
Church and Nelms (Carey-
Hill county dirt road separat
ing in pari); on the southeast
by the right of way of said
U.S. Highway No. 29; on the
south by lands of Falany and
Adams; on the southwest by
lands of Falany and Adams
and Segers; and on the north
west by lands of Mann;
Said tract of land being the
same property conveyed to
Billy H. Caudell by Johnnie L.
Few by warranty deed dated
October 5, 1976, recorded in
Deed Book C-6, page 622,
in the Office of the Clerk of
the Superior Court of Madison
County, Georgia, and also
being the same property for
merly owned by Henry B.
Sanders and devised to John
W. Sanders by will as record
ed in Will Book C, Pages 153
and 154, Office of the Probate
Judge of Madison County,
Georgia;
LESS AND EXCEPT: All
that tract or parcel of land
situate, lying and being in the
204th G.M. District, Madison
County, Georgia, contain
ing 1.28 acres, more or less,
together with all improvements
thereon, on the northwesterly
side of U.S. Highway 29, and
being more particularly shown
and delineated on a plat enti
tled “SURVEY FOR: FRANK
T. AND MARY L. DEFOOR,”
dated December 13, 1996,
prepared by Sherald G. Sharp,
Registered Surveyor, record
ed in Plat Book 33, page 556,
in the Office of the Clerk of
the Superior Court of Madison
County, Georgia, which plat
and record are by reference
incorporated herein for a more
particular description;
LESS AND EXCEPT: All
that tract or parcel of land,
together with all improve
ments thereon, situate, lying
and being in the 204th G.M.
District, Madison County,
Georgia, containing 30.552
acres, more or less, as being
more particularly described
in that Warranty Deed from
Frank T. DeFoor and Mary
L. DeFoor to E.A. Mann, et
al, dated June 8, 1995, and
recorded in Deed Book Z-11,
page 373, in the Office of the
Clerk of the Superior Court
of Madison County, Georgia,
said deed and description
being incorporated herein by
reference;
The debt secured by said
security deed and note has
been and is hereby declared
due and payable because of
default for non-payment as
required by the note and secu
rity deed. The debt having
been declared due and pay
able and remaining unpaid,
and the terms in the note and
security deed remaining in
default, this sale will be made
for the purpose of paying the
principal, accrued interest and
attorney’s fees pursuant to the
note and security deed, plus
all expenses of this sale.
Said property will be sold
as the property of Charles
C. Dinsmore and subject to
outstanding ad valorem taxes
and/or easements and/or
restrictive covenants appear
ing of record, if any. The
undersigned will comply with
Georgia law, O.C.G.A. Section
44-14-162.2, prior to conduct
ing the sale.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Charles C.
Dinsmore.
The entity with full author
ity to negotiate, amend and
modify all terms of the mort
gage with Debtor is Merchants
& Farmers Bank, RO. Box
316, Colbert, Georgia 30628,
Phone Number 706-788-
2133.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided in
the aforementioned deed to
secure debt to Merchants &
Farmers Bank.
Dated this 10th day of
August, 2009.
Merchants & Farmers Bank
Attorney-in-fact for Charles C.
Dinsmore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(SE10,17,24,OC1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On September 8, 2005,
CHARLES C. DINSMORE
executed a Security Deed with
Powerof Sale to MERCHANTS
& FARMERS BANK securing
a note of even date in the
amount of TWO HUNDRED
TWENTY-SIX THOUSAND
FOUR HUNDRED SEVENTY-
FOUR AND 50/100 DOLLARS
($226,474.50), said security
deed being recorded in Deed
Book 840, Pages 58-62,
Madison County Records.
Said security deed conveyed
the property hereinafter
described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
for cash, before the Madison
County Courthouse door in
Danielsville, Georgia, during
the legal hours of sale, being
10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday
in October, the same being
October 6, 2009, the following
described property:
Parcel One:
All that tract or parcel of
land, together with all improve
ments thereon, containing
37.50 acres, more or less,
situate, lying and being in
the 262nd District, G.M. of
Madison County, Georgia, on
the easterly side of Georgia
Highway No. 106; on the
southerly side of County Road
No. 63 and the southwesterly
side of County Road No. 398,
and being more particularly
shown and delineated on a plat
entitled “Survey for: Nathan
Daniel Carey,” prepared by
James M. Paul, Registered
Surveyor, dated December
29, 1995, recorded in Plat
Book 33, Page 299, Office of
the Clerk of the Superior Court
of Madison County, Georgia,
which plat and record are by
reference incorporated here
in.
Parcel Two:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 34.09 acres, more or
less, situate, lying and being
in the 262nd District, G.M.
of Madison County, Georgia,
continued on following page