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PAGE 48 - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. OCTOBER 15. 2009 Public Notices 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. 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. gpn11 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) gpn11 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