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PAGE 6B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. OCTOBER 8. 2009
Public Notices Continued
Section 9-13-172.1, which
allows for certain procedures
regarding the rescission of
judicial and nonjudicial sales
in the State of Georgia, the
Deed Under Power and other
foreclosure documents may
not be provided until final con
firmation and audit of the sta
tus of the loan as provided in
the preceding paragraph.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Oconee State Bank, P.O. Box
205, Watkinsville, Georgia
30677. However, the secured
creditor is not required to
negotiate, amend, or modify
the terms of the mortgage
instrument.
Said property is being
sold as the property of R&G
HOMEBUILDERS, INC. and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Deed to Secure
Debt being foreclosed upon.
This 1st day of October,
2009.
OCONEE STATE BANK
as Attorney-in-fact for R&G
HOMEBUILDERS, INC.
Fortson, Bentley and Griffin,
P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
Fortson, Bentley and Griffin,
P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(OC8,15,22,29B/1034-70P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in the
payment of principal and inter
est on that certain Universal
Note dated May 15, 2008 in
the original principal amount
of $126,000.00 (“Note”), said
Note being secured in part by
a Deed to Secure Debt execut
ed by R&G HOMEBUILDERS,
INC. to OCONEE STATE
BANK, dated April 4, 2007,
recorded in Deed Book 1006,
Pages 53-56, in the Office of
the Clerk of Superior Court
of Madison County, Georgia;
said default having been more
than thirty (30) days and not
having been made good in
accordance with the terms
and provisions of said Deed
to Secure Debt, OCONEE
STATE BANK, pursuant to
said Deed to Secure Debt, and
the Note secured thereby, has
declared the entire amount of
the indebtedness secured by
said Deed to Secure Debt,
due, payable, and collectible;
and, pursuant to the power of
sale contained in said Deed to
Secure Debt, will, on the first
Tuesday in November, 2009,
within the legal hours of sale
before the Courthouse door in
Madison County, Georgia, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said Deed to
Secure Debt, to wit:
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
383rd District, G.M., Madison
County, Georgia, and being
known and designated as Lot
A-12, Rose Hill Subdivision,
and being more particular
ly shown on a survey enti
tled “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, in
the Office of the Clerk of the
Superior Court of Madison
County, Georgia, reference
to which is hereby made for
a more particular description
of the properties herein con
veyed.
To the best of the under
signed’s information and
belief the street address for
the above described property
is:
Lots 12-A Rose Hill
Subdivision, 355 Rose Hill
Drive, Athens, Madison
County, Georgia
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale
and the Deed to Secure Debt,
containing said power.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code; (2)
O.C.G.A. Section 9-13-172.1;
and (3) final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Pursuant to O.C.G.A.
Section 9-13-172.1, which
allows for certain procedures
regarding the rescission of
judicial and nonjudicial sales
in the State of Georgia, the
Deed Under Power and other
foreclosure documents may
not be provided until final con
firmation and audit of the sta
tus of the loan as provided in
the preceding paragraph.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Oconee State Bank, P.O. Box
205, Watkinsville, Georgia
30677. However, the secured
creditor is not required to
negotiate, amend, or modify
the terms of the mortgage
instrument.
Said property is being
sold as the property of R&G
HOMEBUILDERS, INC. and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Deed to Secure
Debt being foreclosed upon.
This 1st day of October,
2009.
OCONEE STATE BANK
as Attorney-in-fact for R&G
HOMEBUILDERS, INC.
Fortson, Bentley and Griffin,
P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(OC8,15,22,29B/1034-60P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in
the payment of the indebt
edness secured by that cer
tain Security Deed, dated
April 26, 2007, execut
ed by JOEL A. FLOYD to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., recorded in Deed Book
1014, Page 91, Madison
County, Georgia Deed
Records, and securing a Note
in the original principal amount
of $400,000.00, said Security
Deed and Note last having
been assigned to Saxon
Mortgage Services, Inc. the
current holder thereof, has
declared the entire amount of
said indebtedness evidenced
by the Note immediately due
and payable and, pursuant to
the power of sale contained
in said Security Deed, will, on
the first Tuesday in November,
2009, to-wit: November 3,
2009, during the legal hours
of sale, before the Madison
County Courthouse door, sell
at public outcry to the highest
bidder for cash, the following
described real property:
All that tract or parcel of
land, with all improvements
thereon, lying and being in
the 1616th G.M. District of
Madison County, Georgia,
containing 11.52 acres, more
or less being more particu
larly shown and delineated
on a plat of survey entitled,
“Survey for Joel A. Floyd”,
dated April 30, 1996 prepared
by Chattooga Land Surveying
Company, Randall G. Miller,
RLS No. 2432, recorded in
Plat Book B183, Page 3A,
Madison County, Georgia
Clerk of Superior Court
Records.
Also conveyed that certain
non-exclusive easement for
the purpose of ingress and
egress and utilities running
from the above described
property in a westerly direc
tion over, across and through
other property of Floyd, and
thence turning and running in
a Southerly direction approxi
mately 2,071 feet over, across
and through lands now or for
merly of Mosseri, Farren, Clark
and Guest to the Northerly
side of David’s Home Church
Road, which easement is at
all times 20 feet in width and
which easement shown on
plats of record are all by refer
ence incorporated herein.
The above described prop
erty is conveyed subject to
that certain 20 foot roadway
easement along and within
the Southerly boundary line
of subject property running
from property now or formerly
of Kraft Paper Company in a
Southeasterly direction to the
property of Floyd.
The aforedescribed real
property is also known as 593
Hickory Nut Lane, Comer,
Georgia 30629, according to
the present system of num
bering houses in Madison
County, Georgia.
This 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 as to the
amount and status of the loan
with the holder of the Security
Deed, including but not limited
to, a determination that the
borrower has not reinstated
the loan prior to the foreclo
sure sale.
Said real property will be
sold subject to any outstand
ing ad valorem taxes (includ
ing taxes which are a lien,
but not yet due and pay
able), the right of redemp
tion of any taxing authority,
any matters which might be
disclosed by an accurate sur
vey and inspection of the real
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
Upon information and belief,
said real property is presently
in the possession or control of
Joel A. Floyd and the proceeds
of said sale will be applied to
the payment of said indebted
ness and all the expenses of
said sale, including attorney’s
fees, all as provided in said
Security Deed and the excess
proceeds, if any, will be dis
tributed as provided by law.
SAXON MORTGAGE
SERVICES, INC. asAttorney-
in-Factfor JOEL A. FLOYD
David W. Adams, Esquire
Ellis, Painter, Ratterree &
Adams LLP
2 East Bryan Street,
Suite 1001
Savannah, Georgia 31401
(912) 233-9700
481898v1
007820-000004
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT ON BEHALF OF
THE ABOVE-REFER
ENCED LENDER AND
ANY INFORMATION WILL
BE USED FOR THAT PUR
POSE.
(OC8,15,22.29B/1328-70T4P)
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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 DEDRICK
DANYY ANTHONY and
KATHY S. ANTHONY to
INDYMAC BANK, F.S.B.,
dated February 17, 2004, in
the amount of $119,265.00,
and recorded in Deed Book
00687, Page 72, Madison
County, Georgia Records, as
last transferred to OneWest
Bank FSB by assignment,
the undersigned, OneWest
Bank FSB pursuant to said
deed and the note thereby
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 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:
All of those two certain
adjoining lots of land lying and
being in the 382 G.M.D. of
Madison County, Georgia, in
the City of Colbert, Originally
known as Lots 7 and 8 of
Block B of a plat of subdivi
sion which appears of record
in Deed Book C-2, Page 355,
Madison County Records,
at the Northeast Corner of
the intersection of 4th Street
Records, at the Northeast cor
ner of the intersection of 4th
Street and 7th Avenue, and is
all of said Lots except a portion
which was deeded off at Deed
Book K-4, Page 376 Madison
County Records. The herein
conveyed property fronts 100
Feet on the 4th Street and
runs back a Uniform width of
150 Feet along 7th Avenue.
This is the identical property
deeded to J.H. Kesler and
Alice C. Kesler by deed from
Ora Lee Morris Dated August
24, 1989, and recorded in
Deed Book G-9, Page 334,
Madison County Records,
and the description as con
tained therein is herein incor
porated and made a part of
this description by reference.
which has the property
address of 275 S 4th St.,
Colbert, Georgia, together
with all fixtures and other per
sonal property conveyed 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 Dedrick
Danyy Anthony and Kathy S.
Anthony 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.
OneWest Bank FSB
Attorney in Fact for Dedrick
Danyy Anthony and Kathy S.
Anthony
Anthony DeMarlo, Attorney/
smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08981 /FNMA
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
in Deed to Secure Debt
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt from DAVID F. CONLEY
and SHARON K. CONLEY
to TAYLOR, BEAN AND
WHITAKER MORTGAGE
CORPORATION in the
original principal amount
of $124,200.00 dated
07/15/1996, and recorded in
Deed Book 27, Page 186,
Madison County Records,
said Security Deed being last
transferred and assigned to
CitiCorp Mortgage, Inc. in
Deed Book 33, Page 184, the
undersigned will sell at public
outcry to the highest bidder for
cash before the Courthouse
door in said County, during the
legal hours of sale, on the first
Tuesday of November, 2009,
by CitiMortgage, Inc., succes
sor by merger with CitiCorp
Mortgage, Inc., as Attorney-in-
Fact for David F. Conley and
Sharon K. Conley the follow
ing described property:
All that tract or parcel of
land, togetherwith all improve
ments thereon, situate, lying
and being in the 382nd GMD,
Madison County, Georgia,
and being known and des
ignated as Lot 5, Gatewood
Subdivision, and being more
particularly shown on a plat
entitled “Survey for David F. &
Sharon K. Conley”, dated July
10, 1996, by Ray N. Woods,
GRLS # 2049, being recorded
in Plat Book 33, Page 432,
in the Office of the Superior
Court of Madison County,
Georgia, said plat being incor
porated herein by reference
thereto.
There is a situate on said
tract a dwelling known as 127
Gatewood Drive, Colbert, GA
30628, according to the pres
ent system of numbering in
Madison County, Georgia.
Said tract is subject to
Protective Covenants for
Gatewood Subdivision as
recorded in Deed Book Y-11,
Page 324, Madison County,
Georgia Records; a sixty
foot minimum building set
back line as shown on said
plat; and a Blanket Right of
Way Easement for Gatewood
Subdivision to Jackson Electric
Membership Corporation,
dated April 7, 1995, recorded
in Deed Book X-11, Page 265,
said records.
Property known as: 127
Gatewood Drive, Colbert,
GA 30628
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default
in the payment of the indebt
edness secured thereby, this
sale will be made for the pur
poses of paying the same and
all expenses of sale, including
attorney’s fees, (notice hav
ing been given as provided
by law).
The property will be sold as
the property of The Aforesaid
Grantors subject to the fol
lowing:
(1) all prior restrictive cov
enants, easements, rights-
of-way or encumbrances; (2)
all valid zoning ordinances;
(3) matters which would be
disclosed by an accurate sur
vey of the property; (4) the
outstanding ad valorem taxes
and assessments, if any; (5)
unpaid water and sewage bills,
that constitute liens against
the property, whether due and
payable or not yet due and
payable; and (6) matters of
record superior to the security
deed first set out above.
Pursuant to O.C.G.A.
Section 44-14-162.2 the name
of the person or entity who
has the full authority to nego
tiate, amend, or modify the
terms of the aforementioned
indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend or
modify said indebtedness.
To the best of the under
signed’s knowledge and
belief, the party in possession
is David F. Conley and Sharon
K. Conley.
CitiMortgage, Inc., succes
sor by merger with CitiCorp
Mortgage, Inc., as Attorney-
in-fact for David F. Conley and
Sharon K. Conley.
This law firm is acting as a
debt collector attempting to
collect a debt, any information
obtained will be used for that
purpose.
Pendergast & Jones, PC.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 09-0853
(OC8,15,22,29B/224-70)
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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 DALE
A. GODFREY and LAURIE
D. GODFREY to FIRST
AMERICAN BANK & TRUST
COMPANY, dated October
22, 2007, recorded in Deed
Book 742, Page 233, Madison
County, Georgia Records, as
last transferred to National
City Bank 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 prin
cipal amount of EIGHTY
THOUSAND AND 0/100
DOLLARS ($80,000.00), 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 November,
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: National City Mortgage
Co., 3232 Newmark Drive,
Miamisburg, OH 45342, 800-
523-8654. 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 prop
erty is Dale A. Godfrey and
Laurie D. Godfrey or a tenant
or tenants and said property
is more commonly known as
256 East South Ave., Comer,
Georgia 30629.
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.
National City Bank as
Attorney in Fact for Dale
A. Godfrey and Laurie D.
Godfrey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 11/3/09
Our file no. 52938409-FT7
EXHIBIT A
All that tract or parcel of land,
togetherwith all improvements
thereon, containing 0.592 of
an acre, more or less, situate,
lying and being in the 205th
District G.M., Madison County,
Georgia, bounded now or for
merly as follows: north by an
unopened section of South
Avenue; east by lands of Mary
B. Burousas; south by lands of
Eula W. Birchmore; and west
by an unopened 20 foot wide
alley separating said lands of
Garry W. Crisp and Patricia
D. Crisp.
Said lands are more par
ticularly described by plat of
survey prepared for the Estate
of Aurelia Herring by C. M.
Rucker, Surveyor, dated May
13, 1996, which plat, recorded
in Plat Book 33, Page 447,
Madison County Records,
is by reference incorporated
herein as part of this descrip
tion
(OC8,15,22,29B/12062-70T1P)
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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 certain Real
Estate Deed to Secure Debt
from MADISUN PARTNERS
DEVELOPMENT, LLC to
STATE BANK AND TRUST
as successor to SECURITY
BANK OF GWINNETT AND
HOMESTEAD BANK, dated
June 9, 2005, and recorded
in Deed Book 809, Page 87,
MADISON County, Georgia
Records (hereinafter referred
to as “Deed to Secure Debt”),
said Deed to Secure Debt
securing a Promissory Note
(“Note”) in the original princi
pal sum OF TWO HUNDRED
NINETY FIVE THOUSAND
AND NO/100 DOLLARS
($295,000.00) with interest
from said date at the rate stat
ed in said Note on the unpaid
balance until paid, there will
be sold by the undersigned
at public outcry to the high
est bidder for cash before
the Courthouse at MADISON
County, Georgia, within the
legal hours of sale on Tuesday,
November 3, 2009, the prop
erty described on Exhibit “A”
attached hereto and incor
porated 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 possible events
of default, failure to make pay
ments 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 Madisun Partners
Development, LLC or a tenant
or tenants, and said prop
erty is more commonly known
20.904 acres in the 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 Madisun
Partners Development, LLC
continued on following page
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