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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