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PAGE 6B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. OCTOBER 22. 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 modi
fied by instrument recorded
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 inter
est thereon as set forth
therein, aforesaid Security
Deed and Note being trans
ferred 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 out
cry 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 sur
vey 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 possible
events of default, failure to pay
the indebtedness as and when
due and in the manner pro
vided 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
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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 undersigned, the
party in possession of the prop
erty is R & G Homebuilders,
Inc., or a tenant or tenants, and
said property is more common
ly 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 contained
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 high
est 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 prop
erty (hereinafter 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, accretions, servi
tudes, strips, gaps, gores, lib
erties, privileges, water rights,
water courses, alleys, pas
sages, ways, vaults, licenses,
tenements, franchises, heredit
aments, 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,
penalty, fine, judgment or other
cost of any kind or nature what
soever, including fees, costs
and expenses of attorneys,
consultants, contractors 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 hereaf
ter adjoining or appertaining
to the Land or Improvements;
and (iv) all options to purchase
the Land or Improvements, or
any portion thereof or interest
therein, 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 whatso
ever, whether tangible or intan
gible and whether now owned
or hereafter acquired, in which
Grantor and/or Borrower now
has or hereafter acquires an
interest and which is used in
the construction of, or is placed
upon, or is derived from or
used in connection with the
maintenance, use, occupancy
or enjoyment of the Property,
including (i) all fixtures, equip
ment, systems, machinery,
furniture, furnishings, appli
ances, inventory, goods, build
ing and construction materi
als, 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 foregoing, all
of which are hereby declared
to be permanent accessions
to the Land; (ii) all accounts
of Grantor within the mean
ing of the Uniform Commercial
Code of the state in which
the Land is located, 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, man
agement or other agreements
with respect to the operation of
the Real Property or the busi
ness conducted therein and all
general intangibles (including
payment intangibles, trade
marks, trade names, goodwill,
software and symbols) related
to the Real Property or the
operation 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, 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 extraor
dinary, or foreseen or unfore
seen, which at any time may
be assessed, levied, confirmed
or imposed by any governmen
tal or quasi-governmental enti
ty, including any court, depart
ment, commission, board,
bureau, agency, administra
tion, service, district or other
instrumentality of any govern
mental 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 franchises, businesses,
income orprofits, assessments,
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 transaction that is a rate
swap, basis swap, forward rate
transaction, commodity swap,
commodity option, equity or
equity index swap or option,
bond, note or bill option, inter
est 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 agreement,
entered into between Lender
(or its affiliate) and Grantor
(or its affiliate) in connection
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 payment of money
from Lender under any Swap
Contract and all accounts,
deposit accounts and general
intangibles, 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 tan
gible or electronic) arising from
or by virtue of any transactions
related to the Property, includ
ing 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
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, cor
poration, 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 threat
ened Condemnation and all
Insurance Proceeds;
(d) All of Grantor’s right, title
and interest in, but not any of
Grantor’s obligations or liabili
ties under, (i) all contracts for
services to be rendered, work
to be performed or materials to
be supplied in the development
of the Land or the construc
tion or repair of Improvements,
including all agreements with
architects, engineers or con
tractors 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 foregoing;
(v) any contract for the sale of
all or any part of the Property
or any interest therein, whether
now in existence or hereafter
executed; and (vi) any commit
ment 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, interests
and benefits of every kind and
character which Grantor now
has or hereafter 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 leases,
usufructs, license agreements
and other occupancy or use
agreements (whether oral or
written), now or hereafter exist
ing, which cover or relate to
the Property or any part there
of, together with all options
therefor, amendments thereto
and renewals, modifications
and guaranties thereof (the
“Leases”), including any cash
or security deposited under
the Leases to secure perfor
mance 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, royal
ties, issues, profits, revenues,
earnings, income and other
benefits of the Property, or
arising from the use or enjoy
ment 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 easements, limita
tions, restrictions, reservations,
covenants and encumbrances
of record to which the Security
Deed is inferior in terms of
priority.
The Security Deed secures
the indebtedness now evi
denced by that certain
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 publica
tion, 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 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 locat
ed in the center of County
Road No. 396 at the north-
erlymost 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 intersec
tion of the centerline of County
Road No. 396 with the center-
line of U.S. Highway No. 29,
and running from the point of
beginning along the centerline
of County Road No. 396 as the
property line south 64 degrees
19 minutes 59 seconds east
888.59 feet to a point; thence
continuing along the centerline
of County Road No. 396 south
62 degrees 33 minutes 21 sec
onds 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 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 min
utes 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 particu
larly shown and delineated 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. pur
suant 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 recorded
in Plat Book 16, Page 243, of
the Madison County Records.
Said plat and the record there
of 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 vest
ing 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 subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants or
restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
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.
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
County, Georgia, within the
legal hours of sale on the first
Tuesday in November, 2009,
the following described prop
erty:
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 possible
events of default, failure to pay
the indebtedness as and when
due and in the manner pro
vided 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
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
continued on following page