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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