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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. OCTOBER 15. 2009 - PAGE 5
Public Notices Continued
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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
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 transferred to SunTrust
Mortgage, Inc. by assignment
recorded in Deed Book 1192,
Page 33, Madison County,
Georgia Records, convey
ing the after-described prop
erty 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
County, Georgia, within the
legal hours of sale on the
first Tuesday in November,
2009, the following described
property:
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 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.
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 under
stand that the secured credi
tor 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 Demond L. Stovall
or a tenant or tenants and
said property is more com
monly known as 304 Hannah
Heights Trail, 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.
SunTrust Mortgage, Inc. as
Attorney in Fact for Demond
L. Stovall
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/nh5 11/3/09
Our file no. 52156508-FT2
EXHIBIT A
All that tract or parcel of
land lying and being in GMD
382 of Madison County,
Georgia, and being desig
nated as Lot 22 of Hannah
Heights Subdivision, accord
ing to that Plat of survey
prepared for Pintail Partners,
LLC by Carroll Surveying,
LLC, certified by Stacy C.
Carroll, GA RLS #2729,
dated March 16, 2006, and
recorded in Plat Book B159,
Pages 001A-006A, Madison
County, Georgia Records,
which Plat incorporated here
in and made a part hereof by
reference thereto for more
complete description of the
property conveyed herein.
(OC8,15,22,29B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
of Authority Contained in
Security Deed
Under and by virtue
of the power of sale con
tained in that Security Deed
from YOLANDA REED to
COMMUNITY BANK &
TRUST, dated July 28, 2005,
and recorded in Deed Book
00822, Page 0183, (the
“Deed”) Madison County,
Georgia Records, and modi
fied by instrument recorded
in Deed Book 01052, Page
0112, aforesaid records, such
Deed being given to secure
obligations arising under: a
Real Estate Note dated July
28, 2005, made by Grantor in
the original principal amount
of $319,752.00(the “Note”),
together with interest thereon
and other obligations as pro
vided in the Note and Deed
(collectively the “Debt”), there
will be sold by the undersigned
at public outcry to the highest
bidder for cash before the
Courthouse door at Madison
County, Georgia, within the
legal hours of sale on the first
Tuesday in November, 2009,
to wit: November 3, 2009, the
following described property:
All that tract or parcel of
land lying and being in the
383rd Land District, G.M. of
Madison County, Georgia,
being all of Tract 1 (con
taining 42.442 acres, more
or less, on Aderhold-Rogers
Road) as per plat recorded
in Plat Book B-108, Page
4, Madison County, Georgia
Records, which plat is incor
porated herein by reference
for a complete description of
said property.
Said property is subject to
all easements, covenants,
and restrictions of record, if
any.
The Debt is declared
immediately due and payable
because of, inter alia, default
in the payment of the Debt
in the manner required by
the Notes and Deed. The
Sale will be made for the
purpose of paying the Debt
and all expenses of Sale,
including reasonable attor
ney fee (notice of intention
to collect attorney(s fees
has been given). The sale
shall be subject to all restric
tions, liens, easements and
encumbrances of record, and
all unpaid taxes and assess
ments, if any, having prior
ity over the Deed. To the
best knowledge and belief
of the undersigned, the party
in possession of the prop
erty is Yolanda Reed or a
tenant or tenants and said
property is more commonly
known as 1191 Aderhold
Rogers Road, Commerce,
GA 30530.
Community Bank & Trust as
Attorney in Fact for Yolanda
Reed.
Vince Fitzgerald
629 Dawsonville Highway,
Suite 1500
Gainesville, Georgia
30501
(770) 718-5631
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.
(OC8,15,22,29P4)
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Notice of Sale
Advertisement of Sale Under
Power of Sale 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 (hereinafter known as
the (Security Deed() from
DAVID SAMUEL MOONEY
to NORTHEAST GEORGIA
BANK, dated April 11, 2008,
and recorded on April 15,
2008, in Deed Book 1104,
Pages 75-78, as last amend
ed by a Modification of
Deed to Secure Debt dated
September 15, 2008, and
recorded September 19,
2008, filed in Deed Book
1137, Pages 58-59, Madison
County, Georgia records.
This Security Deed secures
two Notes, the first dated July
17, 2008 in the original prin
cipal amount of $156,395.40,
plus interest, and the sec
ond dated September 15,
2008, in the original principal
amount of $23,340.00, plus
interest; there will be sold
by the undersigned at public
outcry to the highest and best
bidder for cash before the
Courthouse door at Madison
County, Georgia, within the
legal hours of sale on the
first Tuesday in November,
2009, the following described
property and improvements,
if any; to-wit:
LEGAL DESCRIPTION
TRACT I:
All that tract or parcel
of land lying and being in
the 262nd GMD, Madison
County, Georgia, containing
10.68 acres, more or less,
said tract lying to the South of
County Road 398. Said tract
is bounded now or formerly
on the North by County Road
398; on the East by Williams
and 30 foot ingress-egress
easement; on the South by
Andrews; and on the West by
Gaunt and Phillips.
All according to a plat
prepared by F. R. Flournoy,
Surveyor, dated December 9,
2003, recorded in Plat Book
B-113, Page 8, Madison
County Records, which plat
and record are by reference
incorporated herein.
TRACT II:
All that tract or parcel
of land lying and being in
the 262nd District, G.M. of
Madison County, Georgia,
containing 5.00 acres, more
or less. Said tract is bounded
now or formerly on the North
by lands of Philips; on the
East by lands of M. Andrews;
on the South by lands of M.
Andrews; and on the West by
lands of M. Haggard.
All, according to a plat pre
pared by James M. Paul,
Surveyor, dated October 28,
1997, entitled “Survey for:
Joseph M. Gaunt and Lisa
P. Gaunt”, recorded in Plat
Book 35, Page 110, Madison
County Records, which plat
and record are by reference
incorporated herein.
RE: Deed Book 1063,
Page 28, Madison County
Records.
RE: Deed Book 662,
Page 33, Madison County
Records.
The debts secured by the
Security Deed have been
and are hereby declared due
because of, among other pos
sible events of default, non
payment of said loan. 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.
(Notice of intent to collect
attorneys fees having been
given.)
Said property will be sold as
the property of David Samuel
Mooney and subject to the
outstanding ad valorem taxes
and/or assignments if any,
and further subject to the
outstanding balances of all
liens superior to the Security
Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by David Samuel
Mooney.
NORTHEAST GEORGIA
BANK
By: As Attorney-in-fact
for: David Samuel Mooney
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(OC8.15,22,29P4)
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Notice of Sale
Notice of Foreclosure Under
Deed to Secure Debt with
Power of Sale
State of Georgia
County of Madison
Because of default in the
payment of indebtedness evi
denced by a Promissory Note
dated September 28, 2008, in
the original principal sum of
$668,855.58 (said Note being
a renewal note renewing an
original note dated January
5, 2007), said Note being
secured by a Deed to Secure
Debt executed by RICKY
C. BUSBEE, as Grantor to
GWINNETT COMMUNITY
BANK, as Grantee, dated
JANUARY 5, 2007, filed for
record JANUARY 9, 2007
at 10:24 a.m. and recorded
at Deed Book 978, Pages
97-107, in the Office of the
Clerk of Superior Court of
MADISON County, Georgia,
as modified by Modification
Agreements of record, the
last said Modification being
dated FEBRUARY 25, 2008,
filed for record MARCH 24,
2008, at 2:30 p.m. recorded
at Deed Book 1098, Pages
101-103, in the Office of the
Clerk of Superior Court of and
because of said default under
the terms of the Promissory
Note dated SEPTEMBER 28,
2008, and because of said
default in the payment of the
indebtedness evidenced by
the Promissory Note dated
SEPTEMBER 28, 2008,
and by virtue of the fact that
said Note fully matured and
became fully due and payable
on APRIL 5, 2009, and by
virtue of the fact that RICKY
C. BUSBEE failed to pay the
principal and interest due on
said Note when said Note
matured and became fully
due and payable, GWINNETT
COMMUNITY BANK has
determined to exercise its
rights of foreclosure, pursu
ant to the provisions of the
Deed to Secure Debt referred
to hereinabove.
GWINNETT COMMUNITY
BANK will, pursuant to the
power of sale contained in
said Deed to Secure Debt,
sell at public outcry on the
first Tuesday in NOVEMBER,
2009, during the legal hours
of sale before the Courthouse
door in MADISON County,
Georgia to the highest and
best bidder for cash the prop
erty described in said Deed
to Secure Debt, to-wit:
ALL THAT TRACT OR
PARCEL OF LAND lying and
being in GMD 1616, Madison
County, Georgia and being
shown as 46.38 acres on a
Plat of Survey prepared by
Busbee Surveying Company,
Inc., dated October 31, 2006
and being more particularly
described in accordance with
said plat as follows:
To find the TRUE POINT
OF BEGINNING, begin at the
intersection of the center lines
of County Road Number 497
and County Road Number
334 (a/k/a Vineyard Creek
Church Road) (80-food right
of way width) and running
thence South 11 degrees 37
minutes 23 seconds West
a distance of 875.94 feet
to a 1/2 inch rebar on the
Northeasterly side of the right
of way of Vineyard Creek
Church Road; run thence
across said road South 36
degrees 33 minutes 14 sec
onds West a distance of
82.18 feet to a point on the
Southwesterly side of the
right of way of Vineyard Creek
Church Road; running thence
along the Northwesterly
boundary of a 50-foot Access
Easement South 36 degrees
29 minutes 41 seconds West
a distance of 628.03 feet to
an iron pin set; continuing
thence along the edge of the
50-foot Access Easement
South 36 degrees 33 minutes
06 seconds West a distance
of 123.18 feet to a 1/2 inch
rebar and the TRUE POINT
OR PLACE OF BEGINNING.
From said TRUE POINT OF
BEGINNING so established,
run South 34 degrees 46
minutes 36 seconds East a
distance of 650.51 feet to a
point along the center line
of a branch; running thence
along the center line of said
branch the following courses
and distances; running thence
South 27 degrees 15 minutes
34 seconds East a distance
of 66.40 feet, running thence
South 69 degrees 36 minutes
21 seconds West a distance
of 11.03 feet; running thence
South 15 degrees 05 minutes
54 seconds East a distance
of 27.36 feet; running thence
South 22 degrees 27 minutes
29 seconds East a distance
of 48.88 feet; running thence
South 10 degrees 39 minutes
44 seconds East a distance of
100.79 feet; running thence
South 14 degrees 33 minutes
34 seconds East a distance
165.75 feet; running thence
South 13 degrees 35 minutes
29 seconds East a distance
of 75.29 feet; running thence
South 17 degrees 29 minutes
29 seconds East a distance
of 83.43 feet; running thence
South 17 degrees 21 minutes
24 seconds East a distance of
163.16 feet; running thence
South 08 degrees 47 minutes
54 seconds East a distance
of 95.61 feet; running thence
22 degrees 50 minutes 49
seconds East a distance of
67.07 feet; running thence 39
degrees 42 minutes 49 sec
onds East a distance of 87.34
feet; running thence South
49 degrees 24 minutes 44
seconds East a distance of
140.17 feet; running thence
South 34 degrees 45 minutes
51 seconds West a distance
of 11.44 feet; running thence
South 34 degrees 46 minutes
36 seconds West a distance
of 15.99 feet to a 1-inch open
top pin found; running thence
South 34 degrees 36 minutes
31 seconds West a distance
of 728.41 feet to a 1/2 inch
rebar found; running thence
North 56 degrees 46 minutes
11 seconds West a distance
of 746.23 feet to a 2-inch
open top pin found; running
thence North 21 degrees 59
minutes 24 seconds East a
distance of 766.89 feet to a
2-inch open top pin found;
running thence North 59
degrees 59 minutes 11 sec
onds West a distance of
900.81 feet to a 2-inch open
top pin found; running thence
North 32 degrees 58 minutes
45 seconds East a distance
of 1,293.25 feet to a 2-inch
open top pin found; running
thence South 58 degrees 22
minutes 00 seconds East a
distance of 944.10 feet to
a 1/2 inch rebar and the
TRUE POINT OR PLACE OF
BEGINNING.
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 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.
The sale will be conducted
subject to confirmation that
the sale is not prohibited
under the U.S. Bankruptcy
Code.
Notice has been given as
required by law of the inten
tion to enforce provisions for
the collection of attorney's
fees and costs of foreclo
sure in accordance with legal
requirements and the terms
of the above Note and Deed
to Secure Debt securing said
Note.
Said property will be sold
as the property of RICKY C.
BUSBEE. The proceeds of
said sale will be used to pay
the expenses of said sale,
including attorney fees and to
pay the sum secured by said
Deed to Secure Debt with the
excess, if any, to be paid to
such other persons entitled
to the same as provided by
law.
The property in the Deed
to Secure Debt referred to
hereinabove is residential/
agricultural real property.
Notice of said foreclosure has
been given in accordance
with Official Code of Georgia
Annotated Section 44-14-
162.2 as amended, Georgia
Laws 1981, Pages 834 and
835, effective July 1, 1981
and the provisions thereof
have been complied with.
To the best of the knowl
edge of the undersigned,
the party in possession of
the property is RICKY C.
BUSBEE.
The undersigned, as
Attorney in Fact for RICKY C.
BUSBEE will execute a deed
to the purchaser at said sale
as provided in the aforesaid
Deed to Secure Debt.
GWINNETT COMMUNITY
BANK, as Attorney in Fact for
RICKY C. BUSBEE
By: W. PAUL KESMODEL,
JR. as Attorney for
GWINNETT COMMUNITY
BANK
W. Paul Kesmodel, Jr.,
PC.
Attorney at Law
Post Office Box 2050
Duluth, Georgia 30096
770-476-5268 (Phone)
770-497-9416 (Fax)
File: 16751
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.
(OC8,15,22,29P4)
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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 April 15, 2009, in
the original principal amount
of $192,500.00 (“Note”), said
Note being secured in part
by a Deed to Secure Debt
executed by PALLADIAN
DEVELOPMENT CORP. to
THE NATIONAL BANK OF
GEORGIA, dated February
18, 2005, recorded in Deed
Book 781, Pages 101-108,
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,
THE NATIONAL BANK OF
GEORGIA, 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
highest bidder for cash, the
property described in said
Deed to Secure Debt, to wit:
All those tracts and parcels
of land, situate, lying and
being in the 382nd District,
G.M. of Madison County,
lying south of County Road
No. 177, being designated
as Block A, Lots 1, 3, 22, and
24, all being more particularly
described by survey entitled
“Survey for: Stone Creek
Subdivision”, prepared by
Cornerstone Land Surveying,
James R. Smith, Registered
Surveyor, dated April 2, 1999,
and recorded in Plat Book 37,
Page 124, in the Office of the
Clerk of the Superior Court
of Madison County, Georgia,
said plat and record thereof
being incorporated herein by
reference.
LESS AND EXCEPT: that
lot or parcel of land contain
ing 0.042 of an acre, more or
less, situate, lying and being
in the 382nd District, G.M.,
Madison County, Georgia
and being shown and des
ignated as a well lot inside
what is designated as Lot 3,
Block A, shown and designat
ed on a plat entitled “Survey
for: Fortson Well Drilling” pre
pared by James R. Smith,
Registered Surveyor, dated
July 12, 2002, which plat
and record are by reference
incorporated herein.
Subject to Protective
Covenants recorded at Deed
book 191, pages 135-139,
Madison County Records.
To the best of the under
signed's information and
belief the street address for
the above described property
is:
Lots 1, 3, 22 and 24
on Stone Creek Drive
Stonecreek Subdivision,
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 con
firmation and audit of the sta
tus 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
confirmation and audit of the
status 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: The National Bank
of Georgia, 2234 W. Broad
St., Athens, Georgia 30606,
(706) 355-3122. 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 PALLADIAN
DEVELOPMENT CORP. and
subject to all unpaid taxes,
assessments and/or mat
ters of record, if any, which
are superior to the Deed to
Secure Debt being foreclosed
upon.
This 1st day of October,
2009..
THE NATIONAL BANK
OF GEORGIA as Attorney-
in-fact for PALLADIAN
DEVELOPMENT CORP.
Fortson, Bentley and
Griffin, P.C.
2500 Daniell’s Bridge
Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(OC8,15,22,29B/1034-7OP)
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Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in
the payment of principal
and interest on that certain
Universal Note dated May
15, 2008, in the original prin
cipal amount of $126,000.00
(“Note”), said Note being
secured in part by a Deed
to Secure Debt executed by
R&G HOMEBUILDERS, INC.
to OCONEE STATE BANK,
dated April 4, 2007, recorded
in Deed Book 1006, Pages
49-52, in the Office of the
Clerk of Superior Court of
Madison County, Georgia;
said default having been
continued on following page