Newspaper Page Text
THE MADISON COUNTY (GAt JOURNAL. THURSDAY. OCTOBER 1.2009 - PAGE 7B
Public Notices Continued
enants, 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 mortgage 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 confir
mation 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 sur
veyors, dated December 1,
1995, recorded in Plat Book
36, Page 76, Madison County
Records, which Plat and
record are by reference incor
porated 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, OC1B/12062-70T1P)
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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 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
transferred 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 highest bidder
for cash before the court
house door of Madison
County, Georgia, within the
legal hours of sale on the first
Tuesday in October, 2009,
the following described prop
erty:
SEE EXHIBITAATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other
possible events of default,
failure to pay the indebted
ness 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 provided in Security Deed
and by law, including attor
neys 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 matters which might be
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 confir
mation 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
improvements 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 registered land sur
veyor, 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 descrip
tion of the property.
(SE10,17,24, OC1 B/12062-60T1P)
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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 (hereinaf
ter 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
undersigned 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 incorporated 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 pos
sible events of default, failure
to make payments 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
matters which might be dis
closed by an accurate survey
and inspection of the prop
erty, any assessments, liens,
encumbrances, zoning ordi
nances, restrictions, ease
ments, covenants, and mat
ters of record superior to the
Deed to Secure Debt first set
out above, including, but not
necessarily limited to, senior
encumbrances that will not
be extinguished by the fore
closure 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
1 & 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
separately 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, togetherwith 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 fol
lows: 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, record
ed 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
reinforced rod set at the
intersection of the south
western 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); running
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
reinforced 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 south
eastern right of way line of
U.S. Highway 29; running
thence along said right of way
line, north 33 degrees 11 min
utes 00 seconds east a dis
tance of 37.47 feet to a point;
continuing thence northeast
erly 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, pre
pared by Ben McLeroy &
Associates, Inc., under the
seal of Ben McElroy, Georgia
Registered Land Surveyor No
1184; said tract of land con
taining 1.196 acres and des
ignated as “Tract 1” according
to said survey which survey
is incorporated herein and
made a part hereof by refer
ence.
(SE10,17,24, OC1P4)
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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 pro
vided for 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 for
sale on the first Tuesday in
October 2009, all property
described in said Deed to
Secure Debt, including, but
not limited to, the following
described property:
All that tract or parcel of
land constituting of 1.08
acres, more or less, situ
ate, 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 incorpo
rated 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 pur
pose of paying the same, all
expenses of the sale, includ
ing attorneys’ fees, and other
payments 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 con
stitute liens upon said prop
erty; all restrictive covenants,
easements, rights of way and
any other matters of record
superior to 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)
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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 princi
pal amount of $117,161.00,
the holder thereof pursuant
to said Deed and 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,
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 here
of by reference 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 (includ
ing taxes which are a lien,
whether or not now due and
payable), the right of redemp
tion of any taxing authority,
any matters which might be
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 NAas 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, OC1 B/1323-60T1P)
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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 security
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 follow
ing 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
herein;
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
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
security deed. The debt
having been declared due
and payable and remain
ing unpaid, and the terms in
the note and security deed
remaining in default, this sale
will be made for the pur
pose of paying the principal,
accrued interest and attor
ney’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 property
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, 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 secu
rity deed conveyed the prop
erty 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
continued on following page