Newspaper Page Text
THE MADISON COUNTY (GA1 JOURNAL. THURSDAY.SEPTEMBER 17. 2009 - PAGE 9B
Public Notices Continued
property.
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 confir
mation 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 NA as 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 out
cry 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 confir
mation 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)
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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 out
cry 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, failure
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: 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 common
ly 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 confir
mation 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.
executed 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
improvements thereon, con
taining 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 here
in;
TRACT TWO:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 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 here
in;
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 authority
to negotiate, amend and mod
ify all terms of the mortgage
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 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)
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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 recorded
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 authority
to negotiate, amend and mod
ify all terms of the mortgage
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)
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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
improvements thereon, con
taining 39 acres, more or
less, lying and being in the
204th District, G. M., Madison
County, Georgia, on the west
erly 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 separating in part);
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 northwest 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,
recorded 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 descrip
tion;
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 authority
to negotiate, amend and mod
ify all terms of the mortgage
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 September 8, 2005,
CHARLES C. DINSMORE
executed a Security Deed with
Powerof Saleto 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 secu
rity 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
improvements thereon, con
taining 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 southwest
erly side of County Road No.
398, and being more particu
larly shown and delineated
on a plat entitled “Survey for:
Nathan Daniel Carey,” pre
pared by James M. Paul,
Registered Surveyor, dated
December 29, 1995, record
ed 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 herein.
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,
and being more particularly
shown and delineated on a
plat dated February 23, 1998
entitled “Survey for: Charles C.
Dinsmore,” prepared by Rufus
E. Owens, Land Surveyor,
recorded in Plat Book 219
Page 0007A, Office of the
Clerk of the Superior Court
of Madison County, Georgia,
which plat and record are by
reference incorporated here
in.
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
continued on following page