Newspaper Page Text
PAGE 8B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. OCTOBER 22. 2009
Public Notices Continued
BANK, pursuant to said Deed
to Secure Debt, and the Note
secured thereby, has declared
the entire amount of the indebt
edness 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 that tract or parcel of
land, together with all improve
ments thereon, situate, 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 particularly shown
on a survey 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, 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 conveyed.
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 provided
in said power of sale and the
Deed to Secure Debt, contain
ing 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.
Pursuantto 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 Linder
Power and other foreclosure
documents may not be provid
ed 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:
Oconee State Bank, P.O. Box
205, Watkinsville, Georgia
30677. However, the secured
creditor is not required to nego
tiate, amend, or modify the
terms of the mortgage instru
ment.
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 supe
rior 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 indebtedness
secured by that certain Security
Deed, dated April 26, 2007,
executed 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 hav
ing 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 direction over, across
and through other property of
Floyd, and thence turning and
running in a Southerly direc
tion approximately 2,071 feet
over, across and through lands
now or formerly 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 number
ing 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 confirmation and
audit as to the amount and sta
tus of the loan with the holder
of the Security Deed, including
but not limited to, a determina
tion that the borrower has not
reinstated the loan prior to the
foreclosure 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 payable),
the right of redemption of any
taxing authority, any matters
which might be disclosed by an
accurate survey and inspec
tion of the real property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, 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 distrib
uted as provided by law.
SAXON MORTGAGE
SERVICES, INC. as Attorney-
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 indebtedness
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 there
by 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 prop
erty 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 contained
therein is herein incorporat
ed 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 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 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 record
ed 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 following
described property:
All that tract or parcel of
land, together with 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 incorporated
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 setback 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 indebted
ness secured thereby, this sale
will be made for the purposes
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 dis
closed 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 negotiate,
amend, or modify the terms of
the aforementioned indebted
ness 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 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
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 confirmation 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, together with all improve
ments 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 formerly 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 description
(OC8,15,22,29B/12062-70T1P)
gpn11
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 pub
lic outcry to the highest bidder
for cash before the Courthouse
at MADISON County, Georgia,
within the legal hours of sale
on Tuesday, November 3,
2009, the property described
on Exhibit “A” attached hereto
and incorporated herein by ref
erence. 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, includ
ing 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, easements, cov
enants, and matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not necessarily limited
to, senior encumbrances that
will not be extinguished by the
foreclosure 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 property 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 sepa
rately or together.
Branch Banking & Trust
Company
Attorney in Fact for Madisun
Partners Development, LLC
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
204th GMD of Madison
County, Georgia, contain
ing 20.904 acres and being
more particularly shown on a
plat of survey entitled “Survey
for Mike Tyner”, prepared by
Cornerstone Land Surveying,
James R. Smith, G.R.L.S.,
recorded in Plat Book B140,
Page 6A, Madison County,
Georgia Public Records. Said
plat is incorporated herein by
reference thereto.
(OC8,15,22,29P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
County of
Madison/Athens-Clarke
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by RICHARD
HENRY ALLEN to WELLS
FARGO HOME MORTGAGE,
INC., dated December 19,
2000, and recorded in Deed
Book 300, Page 171, Madison
County Records, and also
recorded in Deed Book 1976
Page 440, Athens-Clarke
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to Wells Fargo Bank,
NA, by Assignment securing
a Note in the original prin
cipal amount of $58,800.00,
the holder thereof pursuant to
said Deed and Note there
by 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, November 3,
2009, during the legal hours of
sale, before the Courthouse
door in Athens-Clarke County,
sell at public outcry to the high
est bidder for cash, the prop
erty described in said Deed,
to-wit:
All that tract or parcel of
land, together with all improve
ments thereon, containing 8.47
acres, lying and being partly
in the 382nd District, G.M.,
Madison County, Georgia, and
partly in the 219th District,
G.M., Athens-Clarke County,
Georgia, and being more par
ticularly shown and designated
as Tract 1 on a plat entitled
“Survey For: Mrs. R.H. Cole
Estate,” prepared by James M.
Paul, registered land surveyor,
dated November 11, 1983,
recorded in Plat Book 21, Page
110, Madison County Clerk of
Superior Court records, and
also recorded in Plat Book
30, Page 306, Athens-Clarke
County Clerk of Superior Court
records, which plat and records
are by reference incorporated
herein.
Said property is known as
4103 Old Danielsville Road,
Athens, GA 30601, together
with all fixtures and personal
property attached to and con
stituting a part of said property,
if any.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, whether or
not now due and payable), the
right of redemption of any tax
ing authority, any matters which
might be disclosed by an accu
rate survey 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 (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
continued on following page