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PAGE 48 - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. OCTOBER 15. 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,
recorded in Deed Book
891, Pages 16-19, Madison
County, Georgia Records,
being last modified by instru
ment recorded at Deed Book
1090, Pages 237-238, afore
said 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 instru
ment 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 follow
ing described property:
ALL THAT TRACT OR
PARCEL OF LAND, together
with all improvements there
on, 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 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,
Madison County, Georgia
records; which plat and the
recording thereof are hereby
incorporated herein by ref
erence 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
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
ney'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 matters which might be
disclosed by an accurate sur
vey 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.
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)
Buckle Up!
It’s the Law.
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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 following described
property (hereinafter col
lectively referred to as the
“Property”):
(a) ALL THAT tract or par
cel of land, situate, lying and
being in the State of Georgia,
County of Madison, and
more particularly described
on Exhibit “A” attached here
to and made a part hereof
(the “Land”) and all buildings,
structures and other improve
ments now or hereafter exist
ing, 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, increas
es, issues, profits, rights
of way or uses, additions,
accretions, servitudes, strips,
gaps, gores, liberties, privi
leges, water rights, water
courses, alleys, passages,
ways, vaults, licenses, tene
ments, franchises, heredita
ments, appurtenances, ease
ments, rights-of-way, rights
of ingress or egress, parking
rights, timber, crops, mineral
interests and other rights,
now or hereafter 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
relating to such Property, in
each case whether now or
hereafter existing or arising
(“Insurance Proceeds”) and
all other proceeds 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, sys
tems, machinery, furniture,
furnishings, appliances,
inventory, goods, building
and construction materials,
supplies and other articles of
personal property, of every
kind and character, tangible
and intangible (including soft
ware imbedded therein), now
owned or hereafter acquired
by Grantor, which are now or
hereafter attached to or situ
ated in, on or about the Land
or Improvements, or used in
or necessary to the complete
and proper planning, devel
opment, use, occupancy 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
located, derived from or aris
ing out of the use, occupancy
or enjoyment of the Property
or for services rendered
therein or thereon; (iii) all
franchise, license, manage
ment or other agreements
with respect to the operation
of the Real Property or the
business conducted therein
and all general intangibles
(including payment intan
gibles, 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,
allocations and agreements
for utilities, bonds, letters of
credit, permits, certificates,
licenses, guaranties, war
ranties, causes of action,
judgments, Claims, prof
its, 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, includ
ing any court, department,
commission, board, bureau,
agency, administration, ser
vice, district or other instru
mentality of any governmen
tal entity (“Governmental
Authority”) or any community
facilities or other private dis
trict on Grantor or on any
of its properties or assets
or any part thereof or in
respect of any of its franchis
es, businesses, income or
profits, assessments, charg
es or deposits paid to any
Governmental Authority relat
ed 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 transaction that is a rate
swap, basis swap, forward
rate transaction, commod
ity swap, commodity option,
equity or equity index swap
or option, bond, note or bill
option, interest rate option,
forward foreign exchange
transaction, interest cap, col
lar or floor transaction, cur
rency swap, cross-currency
rate swap, swap option, cur
rency option or any other
similar transaction (including
any option to enter into the
foregoing) or any combina
tion of the foregoing, and,
unless the context otherwise
clearly requires, any form of
master agreement published
by the International Swaps
and Derivatives Association,
Inc., or any other master
agreement, entered into
between Lender (or its affili
ate) and Grantor (or its affili
ate) in connection with the
loan from Lender to Borrower
evidenced by the Note (the
“Loan”), together with any
related schedules and con
firmations, 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 payment of money
from Lender under any Swap
Contract and all accounts,
deposit accounts and general
intangibles, including pay
ment intangibles, described
in any Swap Contract; (vi)
all insurance 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 electronic) arising from
or by virtue of any transac
tions 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 (hereinafter col
lectively 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 permanent
ly, by any Governmental
Authority or by any other
individual, corporation, part
nership, joint venture, limited
liability company, trust, unin
corporated association, or
any other entity (“Person”)
acting under or for the benefit
of a Governmental Authority
(“Condemnation)”, or other
compensation heretofore
or hereafter made, includ
ing interest thereon, and the
right to receive the same,
as a result of, or in connec
tion 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, varianc
es and other rights or approv
als 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
therein, whether now in exis
tence 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, amend
ments thereto and renewals,
modifications and guaran
ties 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, rev
enues, 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 immediate
ly 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 pub
lication, notice and sale,
including attorney’s fees
(notice of intent to collect
attorney's fees having been
given and hereby given), and
as otherwise provided 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 sep
arately 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 particu
larly described as follows:
BEGINNING at a point
located in the center of
County Road No. 396 at the
northerlymost corner of the
within tract, which point is
located south 65 degrees
13 minutes 8 seconds east
788.63 feet from a point at
the intersection of the center-
line 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 cen
ter of said road on the next
stated line) south 14 degrees
41 minutes 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 center 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 delin
eated on a plat entitled
“Survey for: C.J. Phillips”,
dated September 2, 1992,
prepared 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 herein.
(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 pub
lic outcry to the highest bid
der 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 indebt
edness, the expense of said
sale, all as provided in said
deed, and the undersigned
will execute a deed to the
purchaser as provided 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)
continued on following page