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PAGE 4B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. NOVEMBER 5. 2009
Public Notices Continued
within the legal hours of
sale on the first Tuesday in
December, 2009, the follow
ing described property:
All that tract or parcel
of land lying and being In
the 591st G.M., District of
Madison County, Georgia,
and the 1113th G.M., District
of Hart County, Georgia,
CONTAINING 47.18 acres,
more or less, bounded on the
north by lends of E.W. Smith
and Carse Pullem, on the east
by lands of J.V. Duncan, on
the south by lands of Evans,
and on the west by public road
and lands of E.W. Smith, and
having the following metes
and bounds, to-wit: Beginning
at the extreme south, where
the property herein conveyed
and lands of Evans intersect
with the branch, and run
ning thence along branch
N33E 1.25 chs; thence N65E
1.52; S89E 1.23; S55E 1.13;
S871/2E 1.06; N5E 1.09;
N74E 1.48; N42E 1.67; N85E
2.64; N53E 0.88; N79E 1.61;
N31E 1.56; N9E 0.79; N20E
2.20; N42E 1.20; N29E 1.18;
N48E 1.18; N22E 2.36; N18E
1.74; N71E 0.83; N52E 1.59;
N78E 1.70; N41E 1.61; N31E
1.48; N7E 1.65; N1E 2.74;
Thence leaving the branch,
S891/2W 15.51 chs to rock &
pin; thence S231/2W 2.88 to
pin an oak; thence S841/2W
4.09 to pin; thence N511/2W
4.28 to pin in road; thence
along the said road S47W
1.61 to point; thence S281/2W
10.65 to point thence, leav
ing road S45E 3.41 to point;
thence S39W 3.15 to point;
thence N561/2W 3.00 to
point; thence S401/2W 0.88
to point; thence SI7W 2.81
to point; thence S52E 10.50
chs to the point of beginning
on branch. All according to a
plat of survey made by A.P.
Stevens, Jr., Surveyor, of date
January 7, 1960, which plat is
recorded in Plat Book 5, Page
95, Madison County Public
Records and Plat Book 15,
Page 169, Hart County Public
Records, which plat and the
record thereof are by refer
ence incorporated herein.
The property described
above (the “Real Property”)
will be sold together with the
following, as more particularly
described in that certain UCC
Financing Statement No. 095-
2007-000653, filed for record
in Madison County, Georgia
Records (all of such real prop
erty, fixtures and personal
property hereinafter being
collectively referred to as the
“Premises”);
(a) ACCOUNTS: All of
Debtor’s accounts, accounts
receivable, contract rights,
general intangibles, notes,
documents, chattel paper,
instruments, acceptanc
es, drafts, whether or not
the same are subject to or
defined by, Article 9 of Uniform
Commercial Code or whether
or not the same constitute
by reason of one or more of
the foregoing clauses, a right
to the payment of money or
other form of consideration of
any kind, at any time existing
now or hereafter owing or to
be owing to Debtor, whether
or not the same are listed
on any scheduled assign
ments or reports furnished to
Secured Party from time to
time, whether the same are
now existing or are created
or acquired at any time here
after; any liens which Debtor
may hold for the payment of
any of the foregoing, any and
all guarantees and securities
which Debtor may hold for
the payment of any of the
foregoing; and all proceeds
thereof (all of the foregoing
hereinafter collectively called
(“Accounts”); Accounts shall
include, without limitation, any
and all rights to payments
from:
(i) FARM PRODUCTS: All
of Debtor’s presently existing
and hereafter acquired farm
products, wherever located,
including, without limitations,
livestock and supplies used
or produced in raising, fatten
ing, grazing or other fanning
operations, and all products of
end livestock in their unmanu
factured states (all of the fore
going hereinafter collectively
called “Farm Products”);
(ii) EQUIPMENT: All of
Debtor’s presently existing and
hereafter acquired equipment,
wherever located, including,
without limitation, machinery,
fixtures, appliances, furni
ture, leasehold improvements
and motor vehicles and all
replacements thereof and
accessions, parts and equip
ment now or hereafter affixed
thereto or used in connection
therewith (all of the foregoing
hereinafter collectively called
“Equipment”);
(iii) INVENTORY: All of
Debtor’s presently editing and
hereafter acquired inventory,
wherever located, including,
without limitation, all goods
held by Debtor for sale or
lease or to be furnished under
contracts of service or so
furnished, all raw materials,
work in process and finished
goods, all supplies tad mate
rials used or consumed in
Debtor’s business, and all
warehouse receipts and other
documents of title issued for
such good (all of the foregoing
hereinafter collectively called
“Inventory”);
(iv) PROCEEDS: All
proceeds end products
of Accounts, Inventory,
Equipment, Farm Products,
including, without limitation,
accounts, inventory, equip
ment, the proceeds of insur
ance or other tangible or
intangible property, resulting
from the sale or other disposi
tion of any of the foregoing or
the rendition of services by
Debtor and the proceeds and
products thereof (all of the
foregoing hereinafter collec
tively called “Proceeds”).
(b) AII income, rents, issues,
and profits and revenues of
the Premises from time to
time accruing (including with
out limitation all payments
under leases or tenancies,
proceeds of insurance, con
demnation payments, tenant
security deposits whether
held by Grantor or in a trust
account, and escrow funds),
and all the estate, right, title,
interest, property, possession,
claim and demand whatso
ever at law, as well as in
equity, of Grantor of, in and to
the same.
(c) All equipment and fix
tures of the Grantor used in
or useful in the conduct of
the Grantor’s operation of a
poultry farm business, now
or hereafter acquired, and all
accessories, parts and equip
ment now or hereafter affixed
thereto or used in connection
therewith.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable 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 Agreement. The
debt remaining in default, this
sale will be made for the pur
pose of paying the same and
all expenses of this sale, as
provided in the Security Deed
and by law, including attor
ney’s fees (notice of intent to
collect attorney’s fees having
been given as provided by
law).
The property will be sold
for cash or certified funds and
subject to any and all mat
ters of record superior to said
Security Deed, outstanding
ad valorem taxes, any mat
ters which might be disclosed
by an accurate survey and
inspection of the property,
zoning ordinances, restric
tions, covenants, and ease
ments against the property, if
any. The sale will be conduct
ed as set forth herein sub
ject to (1) confirmation prior
to the sale that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
confirmation and audit prior to
the sale of the status of the
loan with the holder of the
Security Deed.
Grantee reserves the right
to sell the property in one par
cel or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and
belief, the property is located
at 768 Norman Dove Road,
Royston, Madison County,
Georgia, and the parties in
possession of the property
are GRK Farm, LLC, Shannon
Smith, Kevin R. Peeples, or
their tenant or tenants.
Appalachian Community
Bank, as Attorney-in-Fact for
GRK Farm, LLC and Shannon
Smith
Thompson, O’Brien, Kemp
& Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
(NV5,12,19,26P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in the
payment of principal and inter
est on that certain Universal
Note dated May 15, 2008 in
the original principal amount
of $126,000.00 (“Note”), said
Note being secured in part by
a Deed to Secure Debt execut
ed by R&G HOMEBUILDERS,
INC. to OCONEE STATE
BANK, dated April 4, 2007,
recorded in Deed Book 1006,
Pages 53-56, in the Office of
the Clerk of Superior Court
of Madison County, Georgia;
said default having been more
than thirty (30) days and not
having been made good in
accordance with the terms
and provisions of said Deed
to Secure Debt, OCONEE
STATE BANK, pursuant to
said Deed to Secure Debt, and
the Note secured thereby, has
declared the entire amount of
the indebtedness secured by
said Deed to Secure Debt,
due, payable, and collectible;
and, pursuant to the power of
sale contained in said Deed to
Secure Debt, will, on the first
Tuesday in December, 2009,
within the legal hours of sale
before the Courthouse door in
Madison County, Georgia, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said Deed to
Secure Debt, to wit:
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, 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 particular
ly shown on a survey enti
tled “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 con
veyed.
To the best of the under
signed’s information and
belief the street address for
the above described prop
erty 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 pro
vided in said power of sale
and the Deed to Secure Debt,
containing said power.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code; (2)
O.C.G.A. Section 9-13-172.1;
and (3) final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Pursuant to O.C.G.A.
Section 9-13-172.1, which
allows for certain procedures
regarding the rescission of
judicial and nonjudicial sales
in the State of Georgia, the
Deed Under Power and other
foreclosure documents may
not be provided until final con
firmation and audit of the sta
tus 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, PO. Box
205, Watkinsville, Georgia
30677. However, the secured
creditor is not required to
negotiate, amend, or modify
the terms of the mortgage
instrument.
Said property is being
sold as the property of R&G
HOMEBUILDERS, INC. and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Deed to Secure
Debt being foreclosed upon.
This 30th 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
(NV5,12,19.26B/1034-60P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in the
payment of principal and inter
est on that certain Universal
Note dated May 15, 2008 in
the original principal amount
of $126,000.00 (“Note”), said
Note being secured in part by
a Deed to Secure Debt execut
ed by R&G HOMEBUILDERS,
INC. to OCONEE STATE
BANK, dated April 4, 2007,
recorded in Deed Book 1006,
Pages 49-52, in the Office of
the Clerk of Superior Court
of Madison County, Georgia;
said default having been more
than thirty (30) days and not
having been made good in
accordance with the terms
and provisions of said Deed
to Secure Debt, OCONEE
STATE BANK, pursuant to
said Deed to Secure Debt, and
the Note secured thereby, has
declared the entire amount of
the indebtedness secured by
said Deed to Secure Debt,
due, payable, and collectible;
and, pursuant to the power of
sale contained in said Deed to
Secure Debt, will, on the first
Tuesday in November, 2009,
within the legal hours of sale
before the Courthouse door in
Madison County, Georgia, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said Deed to
Secure Debt, to wit:
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
383rd District, G.M., Madison
County, Georgia, and being
known and designated as Lot
A-17, Rose Hill Subdivision,
and being more particular
ly shown on a survey enti
tled “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 con
veyed.
To the best of the under
signed’s information and
belief the street address for
the above described prop
erty is: Lots 17-A Rose Hill
Subdivision, 404 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 pro
vided in said power of sale
and the Deed to Secure Debt,
containing said power.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code; (2)
O.C.G.A. Section 9-13-172.1;
and (3) final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Pursuant to O.C.G.A.
Section 9-13-172.1, which
allows for certain procedures
regarding the rescission of
judicial and nonjudicial sales
in the State of Georgia, the
Deed Under Power and other
foreclosure documents may
not be provided until final con
firmation and audit of the sta
tus 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, PO. Box
205, Watkinsville, Georgia
30677. However, the secured
creditor is not required to
negotiate, amend, or modify
the terms of the mortgage
instrument.
Said property is being
sold as the property of R&G
HOMEBUILDERS, INC. and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior 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
(NV5,12,19.26B/1034-60P)
gpnll
Notice of Sale
Notice of SaleUnder Power
in Security Deed
State of Georgia
County of Madison
On April 12,
2006, SEAGRAVES
MANAGEMENT, INC. exe
cuted a Security Deed
With Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of even
date in the amount of ONE
MILLION FOUR HUNDRED
FOURTEEN THOUSAND
FOUR HUNDRED TWENTY-
TWO AND 81/100 DOLLARS
($1,414,422.81), said secu
rity deed being recorded in
Deed Book 901, Pages 63-70,
Madison County Records.
Said security deed conveyed
the property hereinafter
described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
for cash, before the Madison
County Courthouse door in
Danielsville, Georgia, during
the legal hours of sale, being
10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday in
December, the same being
December 1,2009, the follow
ing described property:
TRACT ONE:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 362.30 acres, more or
less, situate, lying and being
in the 262nd District, G.M. of
Madison County, Georgia and
being more particularly shown
and designated as Tract 1
on a plat entitled “SURVEY
FOR: MARY HART”, prepared
by Bauknight & Associates,
Inc., W. Slate Bauknight,
Registered Surveyor, dated
April 18, 2005, recorded in
Plat Book B143, Page 4A,
Madison County Records,
which plat and record are by
reference incorporated here
in;
TRACT TWO:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 45.79 acres, more or
less, situate, lying and being
in the 262nd District, G.M. of
Madison County, Georgia and
being more particularly shown
and designated as Tract 2
on a plat entitled “SURVEY
FOR: MARY HART”, prepared
by Bauknight & Associates,
Inc., W. Slate Bauknight,
Registered Surveyor, dated
April 18, 2005, recorded in
Plat Book B143, Page 4A,
Madison County Records,
which plat and record are by
reference incorporated here
in;
The debt secured by said
security deed and note has
been and is hereby declared
due and payable because of
default for non-payment as
required by the note and secu
rity deed. The debt having
been declared due and pay
able and remaining unpaid,
and the terms in the note and
security deed remaining in
default, this sale will be made
for the purpose of paying the
principal, accrued interest and
attorney’s fees pursuant to the
note and security deed, plus
all expenses of this sale.
Said property will be sold
as the property of Seagraves
Management, Inc. and sub
ject to outstanding ad valor
em taxes and/or easements
and/or restrictive covenants
appearing of record, if any.
The undersigned will comply
with Georgia law, O.C.G.A.
Section 44-14-162.2, prior to
conducting the sale.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Seagraves
Management, Inc.
The entity with full author
ity to negotiate, amend and
modify all terms of the mort
gage with Debtor is Merchants
& Farmers Bank, PO. Box
316, Colbert, Georgia 30628,
Phone Number 706-788-
2133.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided in
the aforementioned deed to
secure debt to Merchants &
Farmers Bank.
Dated this 28th day of
October, 2009.
Merchants & Farmers Bank
Attorney-in-fact for Seagraves
Management, Inc.
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(NV5,12,19,26P4)
gpnll
Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale
contained in a Deed to Secure
Debt by DONALD A. SEABOLT
and SHERRY L. SEABOLT to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. (“MERS”) as nominee
for QUICKEN LOANS, INC.,
dated August 19, 2005, and
filed for record August 31,
2005, in Deed Book 832,
Page 164, Madison County,
Georgia Records, and secur
ing a Note in the original prin
cipal amount of $188,800.00;
last transferred to The Bank
of New York Mellon FKA The
Bank of New York, As Trustee
for the Certificateholders
CWALT, Inc. Alternative Loan
Trust 2005-54CB Mortgage
Pass-Through Certificates,
Series 2005-54CB by
Assignment filed for recording
in Madison County, Georgia
records, there will be sold at
a public outcry for cash to
the highest bidder before the
Courthouse door of Madison
County, Georgia, between the
legal hours of sale on the
first Tuesday in December,
2009, by The Bank of New
York Mellon FKA The Bank
of New York, As Trustee for
the Certificateholders CWALT,
Inc. Alternative Loan Trust
2005-54CB Mortgage Pass-
Through Certificates, Series
2005-54CB as Attorney-in-
Fact for Donald A. Seabolt
and Sherry L. Seabolt the fol
lowing property to-wit:
ALL THAT TRACT or par
cel of land lying and being in
the 382nd G.M.D., Madison
County, Georgia, as shown
by Survey entitled, “Survey
for Sherry L. Farris and Scott
D. Farris”, dated July 6, 1995,
prepared by James M. Paul,
certified by James M. Paul,
Georgia Registered Land
Surveyor; said plat being of
record in the Office of the
Clerk of Superior Court of
Madison County, Georgia in
Plat Book 33, Page 162, which
said plat and the recording
thereof are by reference here
to incorporated herein for a
more complete and detailed
description.
The above described prop
erty is also known as 3604
Highway 29 South, 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 indebt
edness secured thereby, this
sale will be made for the pur
pose of paying the same and
all expenses of sale, including
attorney’s fees, if applicable.
The property will be sold
as the property of the afore
said grantor subject to the
following: all prior restrictive
covenants, easements, rights-
of-way, security deeds, or
encumbrances of record; all
valid zoning ordinances; mat
ters which would be disclosed
by an accurate survey of the
property or by any inspection
of the property; all outstanding
taxes, assessments, unpaid
bills, charges, and expenses
that are a lien against the
property whether due and
payable or not yet due and
payable.
To the best of the under
signed’s knowledge and
belief, possession of the
subject property is held by
Donald A. Seabolt and Sherry
L. Seabolt.
Pursuant to O.C.G.A. §
44-14-162.2, the name,
addressand telephone number
of the individual or entity who
shall have the full authority to
negotiate, amend or modify all
terms of the above described
mortgage is as follows: BAC
Home Loans Servicing, L.P.
f/k/a Countrywide Home
Loans Servicing, LP, Attn: Jill
Balentine, P. O. Box 5170,
MS SV314B, Simi Valley, CA
93065, Telephone: 1-888-
219-7773. The foregoing
notwithstanding, nothing in
O.C.G.A. § 44-14-162.2 shall
be construed to require BAC
Home Loans Servicing, LP, as
servicer for The Bank of New
York Mellon FKA The Bank
of New York, As Trustee for
the Certificateholders CWALT,
Inc. Alternative Loan Trust
2005-54CB Mortgage Pass-
Through Certificates, Series
2005-54CB to negotiate,
amend or modify the terms
of the Deed to Secure Debt
described herein.
The Bank of New York
Mellon FKA The Bank of
New York, As Trustee for the
Certificateholders CWALT,
Inc. Alternative Loan Trust
2005-54CB Mortgage Pass-
Through Certificates, Series
2005-54CB as Attorney-in-
Fact for Donald A. Seabolt
and Sherry L. Seabolt
SHUPING, MORSE &
ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite
100
Riverdale, Georgia 30274-
1698
(770) 991-0000
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
(NV5,12,19,26B/119-70)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On December 29, 2006,
CHARLES C. DINSMORE
executed a Security Deed
With Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of even
date in the amount OF ONE
HUNDRED SEVENTY-FIVE
THOUSAND FIVE HUNDRED
FIVE AND 00/100 DOLLARS
($175,505.00), said security
deed being recorded in Deed
Book 987, Pages 225-230,
Madison County Records.
Said security deed conveyed
the property hereinafter
described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
continued on following page