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PAGE 4B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. OCTOBER 8. 2009
Public Notices
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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.
By virtue of the Power
of Sale contained in a
Security Deed given by R &
G HOMEBUILDERS, INC.
to OCONEE STATE BANK,
dated March 9, 2006, record
ed in Deed Book 891, Pages
16-19, Madison County,
Georgia Records, being last
modified by instrument record
ed at Deed Book 1090, Pages
237-238, aforesaid records,
conveying the after-described
property which secures a Note
dated February 19, 2008, in
the original principal amount
of $107,200.00, with interest
thereon as set forth there
in, aforesaid Security Deed
and Note being transferred
and assigned unto HDC
Properties, LLC, by instrument
dated September 30, 2009,
and recorded in the Madison
County, Georgia, deed
records, 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 November,
2009, the following described
property:
ALL THAT TRACT OR
PARCEL OF LAND, together
with all improvements thereon,
situate, lying and being in the
383rd District, G.M., Madison
County, Georgia, and being
known as Lot A-21, Rose Hill
Subdivision, and being more
particularly shown on a survey
entitled “Survey for: Rose Hill
Subdivision”, dated August 3,
2001, by Brett Chandler &
Associates, Registered Land
Surveyor, and recorded in Plat
Book B-78, Page 2, Madison
County, Georgia records;
which plat and the recording
thereof are hereby incorpo
rated herein by reference for
a more detailed description of
the property.
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 attorney’s
fees (notice of intent to collect
attorney’s 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.
To the best knowledge
and belief of the under
signed, the party in posses
sion of the property is R &
G Homebuilders, Inc., or a
tenant or tenants, and said
property is more commonly
known as Lot A-21, Rose
Hill Subdivision, Madison
County, Georgia. 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.
HDC Properties, LLC, as
assignee of Oconee State
Bank, as Attorney in Fact for
R & G Homebuilders, Inc.
Samuel L. Chesnutt as
Attorney at Law for HDC
Properties, LLC
Strickland, Chesnutt &
Lindsay, LLP
650 Oglethorpe Avenue,
Suite 1
Athens, Georgia 30606
Our file no. A09-320R
(OC8,15,22,29B/887-60)
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Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt, As
signment and
Security Agreement
UNDER AND BY VIRTUE
of the power of sale con
tained in that certain Deed to
Secure Debt, Assignment and
Security Agreement dated
January 3, 2006, executed
and delivered by DARRYL M.
CONNORS and CHARLES
M. TACHDJIAN (collectively,
the “Grantor”) to WACHOVIA
BANK, NATIONAL
ASSOCIATION (“Lender”),
and recorded in Deed Book
874, Page 209, records of
Madison County, Georgia (the
“Security Deed”), Lender, as
Attorney-in-Fact for Grantor,
will sell 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
November, 2009, the follow
ing described property (here
inafter collectively referred to
as the “Property”):
(a) ALL THAT tract or parcel
of land, situate, lying and being
in the State of Georgia, County
of Madison, and more particu
larly described on Exhibit “A”
attached hereto and made a
part hereof (the “Land”) and all
buildings, structures and other
improvements now or hereaf
ter existing, erected or placed
on the Land, together with any
on-site improvements and off
site improvements in any way
used or to be used in connec
tion with the use, enjoyment,
occupancy or operation of the
Land (the “Improvements”),
together with (i) all estates,
title interests, title reversion
rights, remainders, increases,
issues, profits, rights of way
or uses, additions, accre
tions, servitudes, strips, gaps,
gores, liberties, privileges,
water rights, water cours
es, alleys, passages, ways,
vaults, licenses, tenements,
franchises, hereditaments,
appurtenances, easements,
rights-of-way, rights of ingress
or egress, parking rights, tim
ber, crops, mineral interests
and other rights, now or here
after owned by Grantor and
belonging or appertaining to
the Land or Improvements; (ii)
any liability, suit, action, claim,
demand, loss, expense, pen
alty, fine, judgment or other
cost of any kind or nature
whatsoever, including fees,
costs and expenses of attor
neys, consultants, contrac
tors and experts (“Claims”)
of Grantor with respect to
the Land or Improvements,
either in law or in equity, in
possession or in expectancy;
(iii) all estate, right, title and
interest of Grantor in and to
all streets, roads and public
places, opened or proposed,
now or hereafter adjoining
or appertaining to the Land
or Improvements; and (iv) all
options to purchase the Land
or Improvements, or any por
tion thereof or interest there
in, and any greater estate in
the Land or Improvements,
and any and all alterations,
additions, accessions and
improvements to property,
substitutions therefore, and
renewals and replacements
thereof (“Additions”) to and
all proceeds, including all
insurance claims under and
the proceeds of any and all
policies of insurance cover
ing the Property or any part
thereof, including all returned
and unearned premiums with
respect to any insurance relat
ing to such Property, in each
case whether now or hereafter
existing or arising (“Insurance
Proceeds”) and all other pro
ceeds within the meaning of
that term as defined in the
Uniform Commercial Code of
the state in which the Land is
located (“Proceeds”), of the
foregoing (hereinafter collec
tively referred to as the “Real
Property”);
(b) All personal property of
any kind and nature what
soever, whether tangible or
intangible and whether now
owned or hereafter acquired,
in which Grantor and/or
Borrower now has or hereaf
ter acquires an interest and
which is used in the construc
tion of, or is placed upon, or is
derived from or used in con
nection with the maintenance,
use, occupancy or enjoyment
of the Property, including (i) all
fixtures, equipment, systems,
machinery, furniture, furnish
ings, appliances, inventory,
goods, building and construc
tion materials, supplies and
other articles of personal prop
erty, of every kind and char
acter, tangible and intangible
(including software imbedded
therein), now owned or hereaf
ter acquired by Grantor, which
are now or hereafter attached
to or situated in, on or about
the Land or Improvements,
or used in or necessary to
the complete and proper plan
ning, development, use, occu
pancy or operation thereof, or
acquired (whether delivered to
the Land or stored elsewhere)
for use or installation in or on
the Land or Improvements,
and all Additions to the fore
going, all of which are hereby
declared to be permanent
accessions to the Land; (ii)
all accounts of Grantor within
the meaning of the Uniform
Commercial Code of the state
in which the Land is locat
ed, derived from or arising
out of the use, occupancy or
enjoyment of the Property or
for services rendered therein
or thereon; (iii) all franchise,
license, management or other
agreements with respect to
the operation of the Real
Property or the business con
ducted therein and all general
intangibles (including payment
intangibles, trademarks, trade
names, goodwill, software
and symbols) related to the
Real Property or the opera
tion thereof; (iv) all sewer and
water taps, appurtenant water
stock or water rights, alloca
tions and agreements for utili
ties, bonds, letters of credit,
permits, certificates, licenses,
guaranties, warranties, causes
of action, judgments, Claims,
profits, security deposits, util
ity deposits, and all rebates
or refunds of fees, all taxes
and assessments, whether
general or special, ordinary
or extraordinary, or foreseen
or unforeseen, which at any
time may be assessed, lev
ied, confirmed or imposed by
any governmental or quasi-
governmental entity, including
any court, department, com
mission, board, bureau, agen
cy, administration, service,
district or other instrumental
ity of any governmental entity
(“Governmental Authority”)
or any community facilities
or other private district on
Grantor or on any of its prop
erties or assets or any part
thereof or in respect of any
of its franchises, businesses,
income or profits, assess
ments, charges or deposits
paid to any Governmental
Authority related to the Real
Property or the operation
thereof; (v) all of Grantor’s
and Borrower’s rights and
interests under any and all
agreements, whether or not in
writing, relating to any transac
tion that is a rate swap, basis
swap, forward rate transac
tion, commodity swap, com
modity option, equity or equity
index swap or option, bond,
note or bill option, interest
rate option, forward foreign
exchange transaction, interest
cap, collar or floor transaction,
currency swap, cross-curren
cy rate swap, swap option,
currency option or any other
similar transaction (including
any option to enter into the
foregoing) or any combination
of the foregoing, and, unless
the context otherwise clearly
requires, any form of mas
ter agreement published by
the International Swaps and
Derivatives Association, Inc.,
or any other master agree
ment, entered into between
Lender (or its affiliate) and
Grantor (or its affiliate) in con
nection with the loan from
Lender to Borrower evidenced
by the Note (the “Loan”),
together with any related
schedules and confirmations,
as amended, supplemented,
superseded or replaced from
time to time, relating to or
governing any or all of the
foregoing (“Swap Contract”),
including all rights to the pay
ment of money from Lender
under any Swap Contract
and all accounts, deposit
accounts and general intan
gibles, including payment
intangibles, described in any
Swap Contract; (vi) all insur
ance policies held by Grantor
and Borrower with respect
to the Property or Grantor’s
and Borrower’s operation
thereof; and (vii) all money,
instruments and documents
(whether tangible or electron
ic) arising from or by virtue of
any transactions related to the
Property, including any such
deposit account from which
Grantor or Borrower may
from time to time authorize
Lender to debit and/or credit
payments due with respect
to the Loan; together with all
Additions to and Proceeds of
all of the foregoing (hereinaf
ter collectively referred to as
the “Personalty”);
(c) Any and all judgments,
awards of damages (including
severance and consequential
damages), payments, pro
ceeds, settlements, amounts
paid for the taking in lieu of
any taking of title to, use of,
or any other interest in the
Property under the exercise
of the power of condemnation
or eminent domain, whether
temporarily or permanently, by
any Governmental Authority
or by any other individual,
corporation, partnership, joint
venture, limited liability com
pany, trust, unincorporated
association, or any other entity
(“Person”) acting under or for
the benefit of a Governmental
Authority (“Condemnation)”,
or other compensation hereto
fore or hereafter made, includ
ing interest thereon, and the
right to receive the same, as
a result of, or in connection
with, any Condemnation or
threatened Condemnation
and all Insurance Proceeds;
(d) All of Grantor’s right,
title and interest in, but not
any of Grantor’s obligations
or liabilities under, (i) all con
tracts for services to be ren
dered, work to be performed
or materials to be supplied in
the development of the Land
or the construction or repair
of Improvements, including
all agreements with archi
tects, engineers or contrac
tors for such services, work
or materials; (ii) all plans,
drawings and specifications
for the development of the
Land or the construction or
repair of Improvements; (iii) all
permits, licenses, variances
and other rights or approvals
issued by or obtained from
any Governmental Authority
or other Person in connection
with the development of the
Land or the construction or
repair of Improvements; (iv)
all amendments of or supple
ments to any of the forego
ing; (v) any contract for the
sale of all or any part of the
Property or any interest there
in, whether now in existence
or hereafter executed; and (vi)
any commitment from or other
agreement with any Person
providing for the financing of
the Property, some or all of
the proceeds of which are
intended to be used for the
repayment of all or a portion
of the Loan; and
(e) All other rights, inter
ests and benefits of every
kind and character which
Grantor now has or hereaf
ter acquires in, to or for the
benefit of the Real Property
and/or the Personalty and
all other property and rights
used or useful in connection
therewith, including all leas
es, usufructs, license agree
ments and other occupancy
or use agreements (whether
oral or written), now or here
after existing, which cover or
relate to the Property or any
part thereof, together with all
options therefor, amendments
thereto and renewals, modifi
cations and guaranties thereof
(the “Leases”), including any
cash or security deposited
under the Leases to secure
performance by the tenants
of their obligations under the
Leases, whether such cash
or security is to held until the
expiration of the terms of the
Leases or applied to one or
more of the installments of
rent coming due thereunder
and all rents, royalties, issues,
profits, revenues, earnings,
income and other benefits of
the Property, or arising from
the use or enjoyment of the
Property, including all such
amounts paid under or arising
from any of the Leases and
all fees, charges, accounts or
other payments for the use or
occupancy of rooms or other
public facilities within the Real
Property.
The Property will be sold
as the property of Grantor.
To the best of the knowledge
of Lender, the Property is in
the possession of Grantor or
those claiming by, through or
under Grantor.
The Property will be sold
subject to (i) all unpaid taxes
and assessments; (ii) all mat
ters that would be disclosed
by a current and accurate
survey and inspection of the
Property; and (iii) all ease
ments, limitations, restric
tions, reservations, covenants
and encumbrances of record
to which the Security Deed is
inferior in terms of priority.
The Security Deed
secures the indebtedness
now evidenced by that cer
tain Promissory Note dated
January 3, 2006, made,
executed and delivered by
American Vans, Inc. (the
“Borrower”) to Lender in the
original principal amount of
$1,600,000.00 (the “Note”),
together with other indebted
ness of Grantor and Borrower
to Lender as more particu
larly set forth in the Security
Deed. The entire indebted
ness secured by the Security
Deed has matured and/or is in
default and has been declared
due and immediately payable
under the terms of said Note
and the Security Deed.
The proceeds of the sale of
the Property shall be applied
first to the expenses of publi
cation, notice and sale, includ
ing attorney’s fees (notice of
intent to collect attorney’s fees
having been given and hereby
given), and as otherwise pro
vided by the Security Deed.
The undersigned may sell
that portion of the above-
described property as may,
under the laws of the State of
Georgia, constitute an estate
or interest in real estate sepa
rately from that portion of the
above-described property as
may, under the laws of the
State of Georgia, constitute
personalty and not an estate
or interest in real estate, in
which case separate bids will
be taken therefor, or collec
tively in a single sale and lot,
in which case a single bid will
be taken therefor. Notice of
the undersigned’s intent will
be given by announcement
made at the commencement
of the public sale.
WACHOVIA BANK,
NATIONAL ASSOCIATION As
Attorney-in-Fact for DARRYL
M. CONNORS and CHARLES
M. TACHDJIAN
Eugene D. Bryant, Esq.
Smith, Gambrell & Russell,
LLP
1230 Peachtree Street
Atlanta, Georgia 30309
(404) 815-3500
EXHIBIT “A”
ALL that tract or parcel of
land containing 8.66 acres,
more or less, together with all
improvements thereon, lying
and being in the 438th G.M.D.,
Madison County, Georgia, and
being particularly described
as follows:
BEGINNING at a point
located in the center of County
Road No. 396 at the northerly-
most corner of the within tract,
which point is located south
65 degrees 13 minutes 8 sec
onds east 788.63 feet from a
point at the intersection of the
centerline of County Road No.
396 with the centerline of U.S.
Highway No. 29, and running
from the point of beginning
along the centerline of County
Road No. 396 as the prop
erty line south 64 degrees
19 minutes 59 seconds east
888.59 feet to a point; thence
continuing along the center-
line of County Road No. 396
south 62 degrees 33 minutes
21 seconds east 171.3 feet
to a point; thence leaving the
centerline of County Road No.
396 and running (an iron pin
set 30 feet from the center of
said road on the next stated
line) south 14 degrees 41 min
utes 8 seconds west 515.59
feet to an iron pin; thence
north 50 degrees 46 minutes
51 seconds west 231.92 feet
to an iron pin; thence north
49 degrees 47 minutes 10
seconds west 775.59 feet
to an iron pin; thence north
9 degrees 4 minutes west
319.15 feet to the point of
beginning located in the cen
ter of County Road No. 396
(an iron pin set back 30 feet
from the center of said road
on the line just stated);
SAID tract of land is par
ticularly shown and delineat
ed on a plat entitled “Survey
for: C.J. Phillips”, dated
September 2, 1992, pre
pared by Cornerstone Land
Surveying, James R. Smith,
Registered Land Surveyor,
recorded at Plat Book 32, Page
72, Madison County Clerk
of Superior Court Records,
which plat and record are by
reference incorporated here
in.
(OC8,15,22,29P4)
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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 MILTON
DANIEL WHITENER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December
15, 2006, in the amount of
$100,800.00, and recorded in
Deed Book 975, Page 157,
Madison County, Georgia
Records, as last transferred
to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc.
pursuant to said deed and
the 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
in November, 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:
The following described
real property situate in the
City of Danielsville, County
of Madison, and State of
Georgia, to wit:
All that tract or parcel
of land together with the
improvements thereon, situ
ate, lying and being in the
262nd District, G.M., Madison
County, Georgia, being that
2.958 acres according to that
certain plat of survey dated
August 11, 1972, and record
ed in Plat Book 16, Page
243, of the Madison County
Records. Said plat and the
record thereof is referenced
to herein for a more complete
and detailed description.
There is included in the
above-described tract a lot
containing 0.993 acres, dated
January 24, 1973, and filed in
Plat Book 16, Page 5, of the
Madison County Records.
Tax ID #: 0021 037
By fee Simple Deed from
Lois B. Edwards as set forth in
Deed Book 00796, Page 0142
and recorded on 5/3/2005,
Madison County Records.
The source deed as stated
above is the last record of
vesting filed for this property.
There have been no vesting
changes since the date of the
above referenced source.
which has the property
address of 76 Arrowhead
Lane, Danielsville, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants or restrictions, liens,
and other superior matters of
record which may affect said
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 Milton Daniel
Whitener and the proceeds of
said sale will be applied to the
payment 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.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Milton
Daniel Whitener
Anthony DeMarlo, Attorney/
awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-03517 /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.
(OC8,15,22,29B/1325-60)
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
DEMOND L. STOVALL to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated January 27, 2007,
recorded in Deed Book 989,
Page 58, Madison County,
Georgia Records, as last trans
ferred to SunTrust Mortgage,
Inc. by assignment recorded
in Deed Book 1192, Page
33, Madison County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
FIFTY-NINE THOUSAND
TWO HUNDRED AND 0/100
DOLLARS ($159,200.00),
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
continued on following page