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PAGE 2C - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. OCTOBER 29. 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, record
ed in Deed Book 891, Pages
16-19, Madison County,
Georgia Records, being last
modified by instrument record
ed 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
interest 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 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:
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 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, 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 pos
sible events of default, failure
to pay the indebtedness 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 pro
vided in Security Deed and
by law, including attorney’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 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 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)
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 follow
ing described property (here
inafter collectively 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 hereto
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, increases,
issues, profits, rights of way
or uses, additions, accre
tions, servitudes, strips, gaps,
gores, liberties, privileges,
water rights, water cours
es, alleys, passages, ways,
vaults, licenses, tenements,
franchises, hereditaments,
appurtenances, easements,
rights-of-way, rights of ingress
or egress, parking rights, tim
ber, crops, mineral interests
and other rights, now or here
after 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 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 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 forego
ing, 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 locat
ed, 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, management or other
agreements with respect to
the operation of the Real
Property or the business con
ducted therein and all general
intangibles (including payment
intangibles, 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, alloca
tions and agreements for utili
ties, 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 extraordinary, or foreseen
or unforeseen, which at any
time may be assessed, lev
ied, confirmed or imposed by
any governmental or quasi-
governmental entity, including
any court, department, com
mission, board, bureau, agen
cy, administration, service,
district or other instrumental
ity of any governmental entity
(“Governmental Authority”) or
any community facilities or
other private district on Grantor
or on any of its properties or
assets or any part thereof or
in respect of any of its fran
chises, businesses, income
or profits, 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, 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 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 agree
ment, entered into between
Lender (or its affiliate) and
Grantor (or its affiliate) in con
nection 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 pay
ment of money from Lender
under any Swap Contract
and all accounts, deposit
accounts and general intan
gibles, 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 tangible or electron
ic) arising from or by virtue of
any transactions 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 pay
ments due with respect to
the Loan; together with all
Additions to and Proceeds of
all of the foregoing (hereinaf
ter 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,
corporation, 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 here
tofore or hereafter made,
including 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 architects,
engineers or contractors for
such services, work or mate
rials; (ii) all plans, drawings
and specifications for the
development of the Land or
the construction or repair of
Improvements; (iii) all per
mits, 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, wheth
er now in existence or here
after 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, 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 prop
erty and rights used or use
ful in connection therewith,
including all leases, usufructs,
license agreements and other
occupancy or use agree
ments (whether oral or writ
ten), 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,
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 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 publi
cation, notice and sale, includ
ing attorney’s fees (notice
of intent to collect attorney’s
fees having been given and
hereby given), and as other
wise 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 particu
larly described as follows:
BEGINNING at a point
located in the center of County
Road No. 396 at the northerly-
most corner of the within tract,
which point is located south
65 degrees 13 minutes 8 sec
onds east 788.63 feet from a
point at the intersection of the
centerline 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 property
line south 64 degrees 19 min
utes 59 seconds east 888.59
feet to a point; thence con
tinuing along the centerline of
County Road No. 396 south
62 degrees 33 minutes 21
seconds east 171.3 feet to a
point; thence leaving the cen
terline 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 min
utes 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 cen
ter 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 delineat
ed on a plat entitled “Survey
for: C.J. Phillips”, dated
September 2, 1992, pre
pared 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 incor
porated 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 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 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)
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 lasttrans-
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
continued on following page