Newspaper Page Text
THE MADISON COUNTY (GA) JOURNAL. THURSDAY. OCTOBER 29. 2009 - PAGE 5C
Public Notices Continued
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, containing
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, trans
ferred and conveyed to
Wells Fargo Bank, NA, by
Assignment securing a Note
in the original principal amount
of $58,800.00, the holder
thereof pursuant to said Deed
and 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, November 3, 2009,
during the legal hours of sale,
before the Courthouse door
in Athens-Clarke County, sell
at public outcry to the highest
bidder for cash, the property
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 particularly shown
and designated as Tract 1 on
a plat entitled “Survey For:
Mrs. R.H. Cole Estate,” pre
pared by James M. Paul, reg
istered 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 prop
erty, 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
taxing authority, any matters
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 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 attorney’s
fees in accordance with the
terms of the Note secured by
said Deed.
Said property will be sold
as the property of Richard
Henry Allen, the property, to
the best information, knowl
edge and belief of the under
signed, being presently in the
possession of Richard Henry
Allen, 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
Deed, and the balance, if any,
will be distributed as provided
by law.
Wells Fargo Bank, NA as
Attorney-in-Fact for Richard
Henry Allen
File no. 09-013860
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/LW
www.swertfeger.net
*THE LAW FIRM IS
ACTING AS A DEBT COL
LECTOR. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
[FC-NOS]
(OC8,15,22,29B/1323-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed by
PHYLLIS M. ROBERTS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated July 5, 2007, in
the amount of $247,000.00,
and recorded in Deed Book
1038, Page 199, Madison
County, Georgia Records, as
last transferred to National
City Bank by assignment,
the undersigned, National
City Bank pursuant to said
deed and the note thereby
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 that tract or land lying
and being in the 382nd GMD
of Madison County, Georgia,
being Lot 5 of Hidden Falls
Subdivision, as per plat
recorded in Plat Book B-109,
Page 8, Madison County,
Georgia Records, which plat
is incorporated herein for a
more accurate description of
the property.
This conveyance is made
subject to all zoning ordinanc
es, easements and restric
tions of record affecting said
bargained premises.
Parcel ID#: H001-016-A04
which has the property
address of 200 Hidden Falls
Court, Hull, Georgia, togeth
er with all fixtures and other
personal property conveyed
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 Phyllis M.
Roberts 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.
National City Bank Attorney
in Fact for Phyllis M. Roberts
Anthony DeMarlo, Attorney/
canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-07634 /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/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed by
RONALD JAMES FOSS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated December
11, 2007, in the amount of
$195,000.00, and recorded in
Deed Book 1074, Page 103,
Madison County, Georgia
Records, as last transferred
to OneWest Bank FSB by
assignment, the undersigned,
OneWest Bank FSB pursu
ant 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:
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
438 District, G.M., Madison
County, Georgia, containing
5.00 acres, more or less, and
being more particularly shown
on a survey entitled Survey for
Robert Wooten, in Plat Book
18, Page 689, 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
property herein conveyed.
which has the property
address of 10286 Wildcat
Bridge Road, Danielsville,
Georgia, together with all
fixtures and other personal
property conveyed 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 Ronald James
Foss and the proceeds of said
sale will be applied to the pay
ment 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 Ronald
James Foss
Anthony DeMarlo, Attorney/
jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21730 /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/1325-50)
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
TIMOTHY MORGAN and
KATHY W. CONNELL to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December 4,
2008, recorded in Deed Book
1151, Page 152, Madison
County, Georgia Records, as
last transferred to BAC Home
Loans Servicing, LP Fka
Countrywide Home Loans
Servicing LP 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 NINETY
THOUSAND FIVE HUNDRED
FIFTY-SEVEN AND 0/100
DOLLARS ($90,557.00), 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 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 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: Bank of America, 177
Countrywide Way, Mail Stop:
CAO-911-01-05, Lancaster,
CA 93536, (661) 951-5722.
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
property is Timothy Morgan
and Kathy W. Connell or a
tenant or tenants and said
property is more commonly
known as 615 Sanford Rd.,
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.
BAC Home Loans Servicing,
LP Fka Countrywide Home
Loans Servicing LP as Attorney
in Fact for Timothy Morgan
and Kathy W. Connell
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/bar1 11/3/09
Our file no. 52810409-FT4
EXHIBIT A
All that tract or parcel of land
lying and being in Madison
County, Georgia, 262 G.M.
District, located on a road 2
miles southeast of Sanford
Community bounded now as
follows: On the northeast by
highway leading from Sanford
to Hull, Georgia, on the north
west by Hellican Springs
Road. Said property being cut
from the northeastern corner
of James A. Benton property
from a plat prepared by W.N.
Danner, Jr., surveyor, dated
June, 1945, and being the
property as per plat prepared
by C.B. Ayers, surveyor, dated
May 16, 1958, starting at an
iron pin on the highway right-
of-way being the northeast
corner thence running north
46 degrees 1/2 west 150
feet to the center of Hellican
Springs Road; thence down
the center of Hellican Springs
Road south 41 degrees west
290 feet to a point in the road;
thence south 46 degrees 1/2
minutes east 150 feet to a
pin; thence north 41 degrees
east 290 feet to the begin
ning corner containing one
acre, more or less. Reference
is made to Deed Book Z-3,
Page 356, Madison County
Superior Court Clerk’s Deed
Records.
(OC8,15.22.29B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained with
that certain Deed to Secure
Debt dated November 10,
2006, from DENNIS COWART
toMORTGAGEELECTRONIC
REGISTRATION SYSTEMS,
INC., as nominee for
EQUIFIRST CORPORATION,
recorded on November 20,
2006, in Deed Book 965 at
Page 36, in the office of the
Clerk of the Superior Court
of Madison County, Georgia,
and said Deed to Secure Debt
having been given to secure
a note dated November
10, 2009, in the amount of
$180,000.00, said note being
in default, the undersigned
will sell at public outcry during
the legal hours of sale before
the door of the Courthouse of
Madison County, Georgia, on
November 3, 2009, the fol
lowing described real property
(hereinafter referred to as the
“Property”):
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
203rd District, G.M., Madison
County, Georgia, containing
5.00 acres, more or less, and
being more particularly shown
and designated as Tract 1 on a
plat of survey entitled, Survey
for Dennis Cowart, dated
January 17, 2001, by Paul
and Evans Land Surveying,
Inc., Thomas R. Paul,
Registered Land Surveyor,
recorded in Plat Book B-62,
Page 1, Madison County,
Georgia Records, which plat
and record are by reference
incorporated herein.
The debt secured by the
Security Deed and evidenced
by the note and has been,
and is hereby, declared due
and payable because of,
among other possible events
of default, failure to make the
payments as required by the
terms of the Note. The debt
remaining is in default and
this sale will be made for the
purposes of paying the Deed
to Secure Debt, accrued
interest, and all expenses
of the sale, including attor
neys’ fees. Notice of inten
tion to collect attorneys’ fees
has been given as provided
by law. To the best of the
undersigned’s knowledge,
the person(s) in possession
of the property is/are Dennis
Cowart. The property, being
commonly known as 49777
Highway 72 E, Carlton, GA
30627 in Madison County,
will be sold as the property
of Dennis Cowart, subject to
any outstanding ad valorem
taxes (including taxes which
are a lien and not yet due and
payable), any matters affect
ing title to the property which
would be disclosed by accu
rate survey and inspection
thereof, and all assessments,
liens, encumbrances, restric
tions, covenants, and mat
ters of record to the Security
Deed.
Albertelli Law Attorney
for Deutsche Bank National
Trust Company as Trustee
under Pooling and Servicing
Agreement dated as of
June 1, 2007 Equifirst Loan
Securitization Trust 2007-
1 Mortgage Pass-Through
Certificates, Series 2007-1
as Attorney in Fact for Dennis
Cowart
100 Galleria Parkway,
Suite 900
Atlanta, GA 30339
Phone: (866) 690-0418
By: James E. Albertelli, Esq.
For the Firm
THIS FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COL
LECT A DEBT. ANY IN
FORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(OC8.15.22.29P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in
the payment of the indebt
edness secured by that cer
tain Security Deed, dated
November 1, 2007, executed
by JAIME C. CHERRY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., recorded in Deed
Book 1065, Page 174,
Madison County, Georgia
Deed Records, and securing
a Note in the original prin
cipal amount of $77,000.00,
said Security Deed and Note
last having been assigned to
Ocwen Loan Servicing, LLC,
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 con
tained 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 together with all
improvements thereon, situ
ate, lying and being in the
438th District, G.A,. Madison
County, Georgia, containing
1.666 acres, more or less,
and being more particularly
described on a Plat of Survey
entitled “Survey for Wayne
Holloway”, dated July 9, 1994,
by James M. Paul, Registered
Land surveyor, recorded in
Plat Book 33, Page 163 in
the Office of the Clerk of the
Superior Court of Madison
County, Georgia, said Plat
being incorporated herein by
reference for a more particu
lar description.
The aforedescribed real
property is also known as 6021
Highway 29 N, Danielsville,
Georgia 30633, according to
the present system of num
bering 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 confir
mation and audit as to the
amount and status of the loan
with the holder of the Security
Deed, including but not limit
ed to, a determination that the
borrower has not reinstated
the loan prior to the foreclo
sure 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 pay
able), the right of redemp
tion of any taxing authority,
any matters which might be
disclosed by an accurate sur
vey and inspection of the real
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 Jaime C. Cherry and
the proceeds of said sale will
be applied to the payment of
said indebtedness and all the
expenses of said sale, includ
ing attorney’s fees, all as pro
vided in said Security Deed
and the excess proceeds, if
any, will be distributed as pro
vided by law.
OCWEN LOAN
SERVICING, LLC as
Attorney-in-Fact for JAIME C.
CHERRY
David W. Adams, Esquire
Ellis, Painter, Ratterree &
Adams LLP
2 East Bryan Street,
Suite 1001
Savannah, Georgia 31401
(912) 233-9700
482175v1
007013-001653
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/1328-60T4P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt
dated March 14, 2008, record
ed in Deed Book 1101, Pages
37-40, in the Office of the Clerk
of Superior Court of Madison
County, Georgia, FLORA
STOWERS conveyed the
real estate described therein
to Gerald Carey to secure a
debt evidenced by the Note
referenced therein. Because
of default in the payment of
the indebtedness secured
thereby and said default not
having been made good in
accordance with the terms
and provisions of said Deed
to Secure Debt and the Note
for which same was given
as security, the undersigned,
Gerald Carey, pursuant to
said Deed to Secure Debt
and the Note secured there
by, has declared the entire
amount of the indebtedness
so secured due, payable and
collectible, and, pursuant to
and in conformity with 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 Danielsville, Madison
County, Georgia, sell at pub
lic sale to the highest and
best bidder for cash, the
real estate described in said
deeds, to-wit:
A strip of land, together
with all improvements there
on, located on the East Side
of Highway No. 281, begin
ning at the intersection of the
East line of said Highway No.
281, and the North line of the
old Bazz Bruce Homeplace
for a point of beginning and
extending East along the
North line of the old Bazz
Bruce homeplace a distance
of 330 feet to what will be the
Northeast corner of the said
tract; thence South a distance
of 300 feet to a point to be
known as the Southeast cor
ner of said tract; thence West
and parallel with the North
line of said tract a distance of
330 feet to the intersection of
the East line of said Highway
No. 281; thence North and
parallel with the East line of
said tract a distance of 300
feet to the place or point of
beginning, containing a tract
continued on following page