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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. NOVEMBER 5. 2009 - PAGE 7B
Public Notices Continued
real property described in that
certain Deed to Secure Debt
executed by W.T.’S HOME
BUILDERS, INC., dated April
25, 2007, recorded in Deed
Book 1013, Pages 61-64,
in the Office of the Clerk of
Superior Court of Madison
County, Georgia; as modified
by Additional Loan Agreement
dated February 7, 2008, and
recorded in Deed Book 1089,
Page 146, aforesaid Clerk’s
Office; and as further modi
fied by Cross-Collateralization
and Cross-Default Agreement
dated December 18, 2008 and
recorded in Deed Book 1151,
Page 224, aforesaid Clerk’s
Office; 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, pur
suant to said Deed to Secure
Debt, and the Notes secured
thereby, has declared the
entire amount of the indebted
ness 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 highest bidder for
cash, the property described
in said Deed to Secure Debt,
to wit:
All that lot, tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 382nd District,
G.M. of Madison County,
Georgia, being Lot 11, Block
A, Bryce Landing Subdivision,
and being particularly shown
and described according to a
plat or survey entitled “Final
Plat For: BRYCE LANDING
SUBDIVISION Madison
County, Georgia,” dated
September21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
PC., certified by Jerry Lee
McColery, Georgia Registered
Surveyor No. 1846, and being
recorded at Plat Slide B-150,
pages 1A-5A, in the Office of
the Clerk of Superior Court
of Madison County, Georgia,
which said plat and the record
thereof are by reference incor
porated herein for a more
complete description of the
property herein conveyed
To the best of the under
signed’s information and
belief, the address of the
property is: Lot 11 A, Bryce
Landing, 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
and Security Agreement con
taining 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, (706) 769-6611.
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 W.T.’S
HOME BUILDERS, 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 29th day of October,
2009.
OCONEE STATE BANK
as Attorney-in-fact for W.T.’S
HOME BUILDERS, INC.
FORTSON, BENTLEY AND
GRIFFIN, PA.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(NV5,12,19,26B/1034-7OP)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in
the payment of principal and
interest on that certain Notes
(hereinafter the “Notes”), said
Notes being secured by the
real property described in that
certain Deed to Secure Debt
executed by W.T.’S HOME
BUILDERS, INC., dated April
25, 2007, recorded in Deed
Book 1013, Pages 73-76,
in the Office of the Clerk of
Superior Court of Madison
County, Georgia; and as modi
fied by Cross-Collateralization
and Cross-Default Agreement
dated December 18, 2008 and
recorded in Deed Book 1151,
Page 224, aforesaid Clerk’s
Office; 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, pur
suant to said Deed to Secure
Debt, and the Notes secured
thereby, has declared the
entire amount of the indebted
ness 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 highest bidder for
cash, the property described
in said Deed to Secure Debt,
to wit:
All that lot, tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 382nd District,
G.M. of Madison County,
Georgia, being Lot 14, Block
A, Bryce Landing Subdivision,
and being particularly shown
and described according to a
plat or survey entitled “Final
Plat For: BRYCE LANDING
SUBDIVISION Madison
County, Georgia,” dated
September21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
PC., certified by Jerry Lee
McColery, Georgia Registered
Surveyor No. 1846, and being
recorded at Plat Slide B-150,
pages 1A-5A, in the Office of
the Clerk of Superior Court
of Madison County, Georgia,
which said plat and the record
thereof are by reference incor
porated herein for a more
complete description of the
property herein conveyed.
To the best of the under
signed’s information and
belief, the address of the
property is: Lot 14A, Bryce
Landing, 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
and Security Agreement con
taining 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, (706) 769-6611.
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 W.T.’S
HOME BUILDERS, 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 29th day of October,
2009.
OCONEE STATE BANK
as Attorney-in-fact for W.T.’S
HOME BUILDERS, INC.
FORTSON, BENTLEY AND
GRIFFIN, PA.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(NV5,12,19,26B/1034-7OP)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in
the payment of principal and
interest on that certain Notes
(hereinafter the “Notes”), said
Notes being secured by the
real property described in that
certain Deed to Secure Debt
executed by W.T.’S HOME
BUILDERS, INC., dated April
25, 2007, recorded in Deed
Book 1013, Pages 77-80,
in the Office of the Clerk of
Superior Court of Madison
County, Georgia; and as modi
fied by Cross-Collateralization
and Cross-Default Agreement
dated December 18, 2008 and
recorded in Deed Book 1151,
Page 224, aforesaid Clerk’s
Office; 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, pur
suant to said Deed to Secure
Debt, and the Notes secured
thereby, has declared the
entire amount of the indebted
ness 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 highest bidder for
cash, the property described
in said Deed to Secure Debt,
to wit:
All that lot, tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 382nd District,
G.M. of Madison County,
Georgia, being Lot 15, Block
A, Bryce Landing Subdivision,
and being particularly shown
and described according to a
plat or survey entitled “Final
Plat For: BRYCE LANDING
SUBDIVISION Madison
County, Georgia,” dated
September21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
PC., certified by Jerry Lee
McColery, Georgia Registered
Surveyor No. 1846, and being
recorded at Plat Slide B-150,
pages 1A-5A, in the Office of
the Clerk of Superior Court
of Madison County, Georgia,
which said plat and the record
thereof are by reference incor
porated herein for a more
complete description of the
property herein conveyed.
To the best of the under
signed’s information and
belief, the address of the
property is: Lot 15A, Bryce
Landing, 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
and Security Agreement con
taining 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, (706) 769-6611.
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 W.T.’S
HOME BUILDERS, 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 29th day of October,
2009.
OCONEE STATE BANK
as Attorney-in-fact for W.T.’S
HOME BUILDERS, INC.
FORTSON, BENTLEY AND
GRIFFIN, PA.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(NV5,12,19,25B/1034-7OP)
gpnll
Notice of Sale
Notice of Sale Under Power
of Sale 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 (hereinafter known as the
(Security Deed) from GREG
SHORE to NORTHEAST
GEORGIA BANK (f/k/a
Freedom Bank of Georgia),
dated November 9, 2006,
and recorded on November
16, 2006, in Deed Book
964, Pages 84-86, Madison
County, Georgia records. This
Security Deed secures a Note
dated November 9, 2006 in
the original principal amount
of $60,332.00, plus interest,
said Note is further secured
by UCC Financing Statement
in favor of the Bank as
recorded in Deed Book 965,
Pages 13-14 and filed under
UCC Control #09520060624,
records of Madison County,
Georgia. There will be sold
by the undersigned at public
outcry to the highest and best
bidder for cash before the
Courthouse door at Madison
County, Georgia, within the
legal hours of sale on the
first Tuesday in December,
2009, the following described
property and improvements, if
any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of
land lying and being in the
438th District, G.M., Madison
County, Georgia, and being
that 3.00 acres, more or less,
designated as Lot 6, on a plat
of survey prepared for I.B.
Hart by Clelland A. Tyson,
Registered Surveyor, dated
November 7, 1988, recorded
in Plat Book 26, Page 331,
in the Office of the Clerk of
the Superior Court of Madison
County, Georgia and incor
porated herein and made a
part hereof by reference for a
more detailed description.
Together with one 1995
Westfield manufactured
home identified as VIN
#GAFLR07A32171BM.
Along with all building fur
niture, fixtures and equip
ment located at 1110 Peach
Orchard Road, Danielsville,
Madison County, Georgia
30633; whether any of the
foregoing is owned now or
acquired later; all accessions,
additions, replacements and
substitutions relating to any
of the foregoing; all records of
any kind relating to any of the
foregoing; all proceeds relat
ing to any of the foregoing
(including insurance, general
intangibles and accounts pro
ceeds).
The debt secured by the
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, non-pay
ment of said loan. The debt
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. (Notice of
intent to collect attorneys fees
having been given.)
Said property will be sold
as the property of Greg Shore
and subject to the outstand
ing ad valorem taxes and/or
assignments if any, and fur
ther subject to the outstanding
balances of all liens superior
to the Security Deed, if any.
To the best knowledge and
belief of the undersigned,
equitable title to said property
is now held by Greg Shore.
NORTHEAST GEORGIA
BANK
(f/k/a Freedom Bank of
Georgia)
By: As Attorney-in-fact
for: Greg Shore
Marc S. Kaufman
VANDIVER & KAUFMAN,
LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(NV5,12,19,26P4)
gpnll
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
JERRIS K. GEARING and
TIMOTHY O’NEAL GEARING
to WELLS FARGO BANK,
NA„ dated July 16, 2007,
recorded in Deed Book 1040,
Page 18, Madison County,
Georgia Records, convey
ing the after-described prop
erty to secure a Note in the
original principal amount of
TWO HUNDRED FORTY
THOUSAND AND 0/100
DOLLARS ($240,000.00),
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 December,
2009, the following described
property:
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 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.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Wells Fargo Home Mortgage,
Inc., PO Box 10335, Des
Moines, IA 50306, 1-800-416-
1472. 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 Jerris K. Gearing
and Timothy O’Neal Gearing
or a tenant or tenants and said
property is more commonly
known as 2311 Diamond
Hill Colbert Road, Colbert,
Georgia 30628.
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.
Wells Fargo Bank, NA. as
Attorney in Fact for Jerris K.
Gearing and Timothy O’Neal
Gearing
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/clp2 12/1/09
Our file no. 51180709-FT12
EXHIBIT “A”
All that tract or parcel of
land together with all improve
ments thereon containing
10.37 acres, more or less, lying
and being in the 382nd GMD,
Madison County, Georgia
on the southwesterly side of
County Road No. 392, aka
Diamond Hill Colbert Road,
said tract of land is particularly
shown and delineated on plat
prepared by James M Paul,
Registered Surveyor, dated
September 20, 1982, record
ed in Plat Book 20, Page 161,
Madison County Records, to
which plat reference is made
for a more detailed descrip
tion. Being also shown on
plat recorded in Plat Book
30, Page 91, Madison County
records which plat and record
are by reference incorporated
herein. Less and except prop
erty conveyed in deed record
ed in Deed Book 1078, Page
143, aforeaid records.
(NV5,12,19,26B/12062-60T1P)
gpnll
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 MARK O. CAREY
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated August 13, 2003,
in the amount of $81,000.00,
and recorded in Deed Book
610, Page 36, Madison
County, Georgia Records, as
last transferred to Household
Realty Corporation by assign
ment, the undersigned,
Household Realty Corporation
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 December, 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 lot or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
382nd District, G.M., Madison
County, Georgia, and being
known and designated as
Lot 7, Block C, of Windsor
Heights Subdivision and being
more particularly shown and
described according to a Plat
of Survey entitled Survey for
Mark O. Carey, prepared by
Ray N. Woods, R.L.S., dated
February 3, 1994, and record
ed in Plat Book 29, Page 420,
Madison County, Georgia,
Public Records, which said
Plat of Survey and the record
thereof are hereby incorpo
rated into this description and
made a part hereof by refer
ence thereto.
which has the property
address of 230 Kevin Way,
Hull, 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 Mark O. Carey
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.
Household Realty
Corporation Attorney in Fact
for Mark O. Carey
Anthony DeMarlo, Attorney/
efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-24479 /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.
(NV5,12,19,26B/1325-50)
gpnll
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
REBECCA J. MILLER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December
30, 2004, in the amount of
$109,600.00, and recorded in
Deed Book 761, Page 190,
Madison County, Georgia
Records, as last transferred to
Ocwen Loan Servicing, LLC by
assignment, the undersigned,
Ocwen Loan Servicing, LLC
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 December, 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, containing 2.060
acres, more or less, situate,
lying and being in the 383rd
District, G.M. Madison County,
Georgia, being more particu
larly shown and delineated
as Tract 2 on a plat entitled,
Survey for; Rufus C. & Mildred
I. Miller, prepared by Woods
& Chastain Surveyors, Inc.,
Ray N. Woods, Registered
Surveyor, dated February 6,
2004, recorded in Plat Book
B119, Page 005A, Madison
continued on following page
Mail advertisements to:
The Madison County Journal,
P.O. Box 658, Danielsville, GA 30633.
The deadine without paying a late charge
is Thursday, noon, prior to the first
publication date.