Newspaper Page Text
THE MADISON COUNTY 1GA1 JOURNAL. THURSDAY. NOVEMBER 5. 2009 - PAGE 9B
Public Notices Continued
thence north 28 degrees 30
minutes east 250.3 feet to a
pin on the south side of State
Highway No. 72; thence along
the south side of the said
Highway north 77 degrees
08 minutes west 20 feet to
the corner of beginning. All
according to a plat prepared
by John H. Wood, Jr., county
surveyor, dated September
15, 1972, recorded in Plat
Book 14, Page 123, Madison
County records, which plat
and the record are by refer
ence incorporated herein.
PARCELTWO: BEGINNING
at a pin at the southwest cor
ner of Parcel One, above,
and running thence north 61
degrees west 1.00 chain to the
rock; thence south 30 degrees
west 6.52 chains to a rock
on the north right-of-way line
of the SCL Railroad; thence
along the north right-of-way
line of said railroad south 81
1/2 degrees east 6.07 chains
to a rock; thence north 9 3/4
degrees west and along the
line of Parcel One, above,
1.43 chains to the corner of
beginning. Being the same
property described in a deed
of record in Deed Book Y-3,
Page 350, Madison County
records.
The debt secured by said
Deed to Secure Debt has
been and is hereby declared
due because of, among other
possible events of default,
failure to pay the indebted
ness as and when due and
in the manner provided in the
Note and Deed to Secure
Debt. The debt remaining in
default, this sale will be made
for the purpose of paying
the same and all expenses
of this sale, as provided in
the Deed to Secure Debt and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having been
given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in posses
sion of the subject property
known as 1950 Spring Circle
Road, Comer, GA 30629 is
(are): Harvey Davenport, Jr.
and Annie L. Davenport or
tenant or tenants.
Said property will be sold
subject to (a) any outstand
ing ad valorem taxes (includ
ing taxes which are a lien,
but not yet due and payable),
(b) any matters which might
be disclosed by an accurate
survey and inspection of the
property, and (c) all matters
of record superior to the Deed
to Secure Debt first set out
above, including, but not lim
ited to, assessments, liens,
encumbrances, zoning ordi
nances, easements, restric
tions, covenants, etc.
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.
U.S. Bank N.A., in its capac
ity as Trustee for the hold
ers of Morgan Stanley Dean
Witter Capital I Inc. Trust
2002-HE1 Mortgage Pass-
Through Certificates, Series
2002-HE1 as attorney in fact
for Harvey Davenport, Jr. and
Annie L. Davenport
Richard B. Maner, PC.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
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.
FC08-876
(NV5,12,19,26P4)
gpnll
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 a
Security Deed executed by
MICHAEL F. BENNER and
LOUISE O. BENNER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated October 10, 2006,
and recorded in Deed Book
956, Page 0001, Madison
County Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to US Bank National
Association, as Trustee for
CSFB Home Equity Pass-
Through Certificates Series
2006-8, by Assignment secur
ing a Note in the original prin
cipal amount of $99,650.00,
the holder thereof pursuant
to said Deed and Note there
by 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, December 1,
2009, during the legal hours
of sale, before the Courthouse
door in said County, sell at
public outcry to the highest
bidder for cash, the property
described in said Deed, to-
wit:
All those two adjoining
and contiguous lots or par
cels of land, together with all
improvements thereon, con
taining 1.147 acres, in the
aggregate, on the Southerly
side of Pineview Drive and
more particularly described as
a whole as follows:
Parcel One
Beginning at a pin set on
the Southerly right-of-way
line of Pineview Drive, which
pin is located 779.9 feet
Southwesterly from the right-
of-way of Woodland Creek
Place as measured along the
Southerly right-of-way line of
Pineview Drive and running
thence South 18 degrees 58
minutes East 200.0 feet to a
pin; thence South 71 degrees
02 minutes West 125.0 feet to
a pin; thence continuing South
71 degrees 02 minutes West
125.0 feet to a pin; thence
North 18 degrees 58 minutes
West 200.0 feet to a pin set
on the Southerly right-of-way
line of Pineview Drive; thence
along the Southerly right-of-
way line of Pineview Drive
North 71 degrees 02 minutes
East 125.0 feet to the corner
of beginning;
Said lots being Lots 13 and
14, Block “D”, Brown Brothers
Farm, Inc., are particularly
shown and delineated on a
plat prepared by Landmark
Engineering Corporation, J.R.
Holland, Registered Surveyor,
dated September 20, 1982,
recorded in Plat Book 20,
Page 175, in the Office of the
Clerk of the Superior Court
of Madison County, Georgia,
which plat and record are by
reference incorporated here
in;
Parcel Two
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
382nd District, G.M., Madison
County, Georgia, shown and
designated as Tract II, portion
of Lot 12, Block D as shown
according to a plat entitled
“Survey for Michael F. & Louise
O. Benner”, dated January
25, 1989, by Ray N. Woods,
Registered Surveyor, record
ed in Plat Book 26, Page 252,
in said Clerk’s Office; said plat
is hereby specifically referred
to and incorporated herein as
part of the description.
Said property is known as
524 Virgina Lane, Hull, GA
30646, together with all fix
tures and personal property
attached to and constituting a
part of said property, 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 Michael F.
Benner and Louise O. Benner,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being
presently in the possession of
Louise O. Benner and Michael
F. Benner, 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.
US Bank National
Association, as Trustee for
CSFB Home Equity Pass-
Through Certificates Series
2006-8 as Attorney-in-Fact for
Michael F. Benner and Louise
O. Benner
File no. 07-7996
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]
(NV5,12,19,26B/1323-80T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
By virtue of the power of sale
contained in that certain Real
Estate Deed to Secure Debt
from MADISUN PARTNERS
DEVELOPMENT, LLC to
STATE BANK AND TRUST as
successor to Security Bank
of Gwinnett and Homestead
Bank, dated June 9, 2005, and
recorded in Deed Book 809,
Page 87, MADISON County,
Georgia Records (hereinafter
referred to as “Deed to Secure
Debt”), said Deed to Secure
Debt securing a Promissory
Note (“Note”) in the origi
nal principal sum of TWO
HUNDRED NINETY FIVE
THOUSAND AND NO/100
DOLLARS ($295,000.00)
with interest from said date
at the rate stated in said Note
on the unpaid balance until
paid, there will be sold by
the undersigned at public out
cry to the highest bidder for
cash before the Courthouse at
MADISON County, Georgia,
within the legal hours of sale
on Tuesday, December 1,
2009, the property described
on Exhibit “A” attached hereto
and incorporated herein by
reference. The debts secured
by said Deed to Secure Debt
have been and are hereby
declared due and payable
because of, among other pos
sible events of default, failure
to make payments on said
Note. The debts remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of
this sale, including attorney’s
fees.
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
matters which might be dis
closed by an accurate survey
and inspection of the prop
erty, any assessments, liens,
encumbrances, zoning ordi
nances, restrictions, ease
ments, covenants, and mat
ters of record superior to the
Deed to Secure Debt first set
out above, including, but not
necessarily limited to, senior
encumbrances that will not
be extinguished by the fore
closure sale contemplated by
this Notice.
To the best knowledge and
belief of the undersigned, the
Party in possession of the
property is Madisun Partners
Development, LLC or a tenant
or tenants, and said prop
erty is more commonly known
20.904 acres in the 204th
GMD, MADISON County,
Georgia. However, please rely
only on the metes and bounds
legal description contained in
this notice for the location of
the property. Please note
that the undersigned reserves
the right to sell the properties
separately or together.
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.
(NV5,12,19,26B/P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Maddox
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by BOBBY
NIX to OCONEE STATE
BANK, dated April 2, 2003,
and recorded in Deed Book
555, Page 176, Madison
County Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to JPMorgan Chase
Bank, National Association, by
Assignment securing a Note in
the original principal amount
of $72,000.00, 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, December 1, 2009,
during the legal hours of sale,
before the Courthouse door in
said County, sell at public out
cry to the highest bidder for
cash, the property described
in said Deed, to-wit:
All that tract or parcel of land,
containing 5.00 acres, more or
less together with all improve
ments thereon, situate, lying
and being in the 438th District
of G.M. of Madison County,
Georgia, being particularly
shown and designated as
Tract 8 on a plat prepared by
James M. Paul, Registered
Surveyor, dated October
23, 1995, recorded in Plat
Book 36, Page 145, Madison
County Records, which plat
and record are by reference
incorporated herein.
Said property is known
as 1256 Fitts Davis Road,
Danielsville, GA 30633,
together with all fixtures and
personal property attached to
and constituting a part of said
property, 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 Bobby Nix, the
property, to the best informa
tion, knowledge and belief of
the undersigned, being pres
ently in the possession of
Bobby Nix, 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.
JPMorgan Chase Bank,
National Association as
Attorney-in-Fact for Bobby
Nix
File no. 09-019014
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/BMB
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR.
ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(NV5,12,19,26B/1323-60T1P)
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 JAMES CHANDLER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated May 26, 2006, in
the amount of $188,000.00,
and recorded in Deed Book
914, Page 121, Madison
County, Georgia Records, as
last transferred to OneWest
Bank FSB by assignment,
the undersigned, OneWest
Bank FSB 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 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,
togetherwith all improvements
thereon, lying and being in the
383rd District, G.M., Madison
County, Georgia, and being
that 1.87 acres, more or less,
designated as Tract 1 and that
0.16 acres, more or less, des
ignated as Tract 2 on a plat of
survey for David W. & Jennifer
Herring by James M. Paul,
Registered Surveyor, dated
February 6, 1996, recorded
at Plat Book 33, Page 290,
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.
Deed References: Deed
Book 221, Page 26; Deed
Book T-11, Page 10; Deed
Book 6, Page 187; Deed
Book U-4, Page 30, Madison
County, Georgia Records.
which has the property
address of 1910 Old lla Road,
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 James
Chandler and the proceeds of
said sale will be applied to the
payment 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 James
Chandler
Anthony DeMarlo, Attorney/
pdrosario
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-23770 /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
JONATHAN M. PHILLIPS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated August 1, 2003,
in the amount of $225,250.00,
and recorded in Deed Book
03, Page 04761, Madison
County, Georgia Records, as
last transferred to Mortgage
Electronic Registration
Systems, Inc. by assignment,
the undersigned, Mortgage
Electronic Registration
Systems, Inc. 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 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, situ
ate, lying and being in the
382nd District, G.M. Madison
County, Georgia, contain
ing 5.00 acres, more or less,
and being more particularly
shown as Tract 1 on a survey
entitled Survey for Deana R.
Martin, dated March 1, 1998,
by Paul & Evans, Registered
Land Surveyor, and recorded
in Plat Book 35, Page 189,
in the Office of the Clerk of
Superior Court of Madison
County, Georgia, reference to
which is hereby made for a
more particular description of
the property herein conveyed.
Subject to nonexclusive
rights of ingress, egress, and
access to and from the above-
described property to County
Road No, 256 over and across
a 30-foot easement, the same
being the Southeasterly
30-foot portion of that 50-foot-
wide road easement as shown
on the above-described plat,
which said 30 foot easement
runs parallel to and 30 feet in
uniform width along and within
the Southeasterly boundary
of the above- described prop
erty as shown on the above-
described plat along property
line with call and distance of
South 29 Degrees 30 Minutes
20 Seconds West 452.37
feet.
which has the property
address of 910 John McCurly
Road, Winterville, 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 Jonathan M.
Phillips and the proceeds of
said sale will be applied to the
payment 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.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Jonathan
M. Phillips
Anthony DeMarlo, Attorney/
kg rant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-23766 /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/1325-60)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt
dated June 20, 2006, recorded
in Deed Book 922, Pages 158-
159, in the Office of the Clerk
of Superior Court of Madison
County, Georgia, JOHN
DAVID STOWE conveyed the
real estate described therein
to STERLING A. SIMCIC,
CLARA J. SIMCIC and
KIMELA WALSH 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,
Sterling A. Simcic, Clara J.
Simcic and Kimela Walsh, pur
suant to said Deed to Secure
Debt and the Note secured
thereby, have declared the
entire amount of the indebted
ness 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 December, 2009,
within tine legal hours of sale
before the Courthouse door in
Madison County, Georgia, sell
at public sale to the highest
and best bidder for cash, the
real estate described in said
deeds, to-wit:
All that tract or parcel of
land, with improvements
thereon, lying and being in
the 591st G.M. District of
Madison County, Georgia,
CONTAINING 10.00 acres,
more or less, and being
bounded, now or formerly, as
follows: On the North by prop
erty of Cheek; on the East by
right-of-way of State Route
281; on the South by property
of Grantor; and on the West
by property of Lord.
Said tract being more par
ticularly described in a Plat of
Survey for Dupree Moon, pre
pared by Russell N. Bartlett,
Registered Land Surveyor,
dated November 20, 1986,
which plat, recorded in Plat
continued on following page