Newspaper Page Text
THE MADISON COUNTY (GA) JOURNAL. THURSDAY. NOVEMBER 5. 2009 - PAGE 11B
Public Notices Continued
42 degrees 49 minutes 25
seconds west a distance of
38.94 feet along Veterans
Drive to a point; thence south
47 degrees 29 minutes 10
seconds west a distance of
40.12 feet along Veterans
Drive to a point; thence south
52 degrees 26 minutes 45
seconds west a distance of
36.81 feet along Veterans
Drive to a point; thence south
56 degrees 11 minutes 20
seconds west a distance of
34.81 feet along Veterans
Drive to a point; thence leav
ing said right of way north
40 degrees 28 minutes 25
seconds west a distance of
424.60 feet to a point; thence
south 49 degrees 31 minutes
00 seconds west a distance of
178.19 feet to a point; thence
north 45 degrees 03 minutes
30 seconds west a distance of
318.18 feet to a point; thence
north 44 degrees 56 minutes
30 seconds east a distance of
391.50 feet to a point; thence
south 41 degrees 11 minutes
00 seconds east a distance of
248.03 feet to a point; thence
south 41 degrees 10 minutes
40 seconds east a distance
of 515.38 to a point on the
northwestern right of way of
Veterans Drive and the True
Point of Beginning.
Being Tract 1 containing
4.800 acres according to a
plat of survey for Randy and
Kathy Peal by Paul & Evans,
Registered Land Surveyors,
dated January 30, 2002.
(NV5,12,19.25B/12062-90T1P)
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 con
tained in a Security Deed
given by LOU HER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated May 2, 2005,
recorded in Deed Book 802,
Page 18, Madison County,
Georgia Records, as last
transferred to SunTrust
Mortgage, Inc. by assign
ment to be recorded in the
Office of the Clerk of Superior
Court of Madison County,
Georgia Records, convey
ing the after-described prop
erty to secure a Note in the
original principal amount of
ONE HUNDRED THIRTY-
FIVE THOUSAND AND 0/100
DOLLARS ($135,000.00),
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: SunTrust Mortgage, Inc.,
1001 Semmes Avenue,
Richmond, VA 23224, 866-
384-0903. 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 Lou Her or a tenant
or tenants and said property
is more commonly known as
645 Neese Commerce Rd.,
Commerce, Georgia 30530.
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.
SunTrust Mortgage, Inc. as
Attorney in Fact for Lou Her
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cj 12/1/09
Our file no. 51612309-FT2
EXHIBIT “A”
Parcel One: All that tract or
parcel of land lying and being
in the 262nd and 383rd
Georgia Militia Districts of
Madison County, State of
Georgia, and being more par
ticularly described as follows:
Beginning at an Iron pin
found on the northeasterly
side of Neese Road (60 foot
right of
way) six tenths of a mile
(.6) southeasterly as mea
sured along the northeasterly
side of Neese Road, from the
intersection of Neese Road
with Georgia Highway 98,
said point of beginning also
being located at the line divid
ing property described herein
and property now or formerly
owned by J.C. Pace; running
thence north 68 Degrees 06
Minutes east along the south
easterly line of said place
property, five hundred sixty-
five and four tenth (565.4)
feet to an Iron pin found; run
ning thence south 16 Degrees
17 Minutes east two hundred
sixty and nine tenths (260.9)
feet to an Iron pin found and
property now or formerly
owned by Stanley Hix; run
ning thence south 73 Degrees
41 Minutes west along the
northwesterly line of said
Hix property, five hundred fifty-
seven and six-tenths (557.6)
feet to an Iron pin found on the
northeasterly side of Neese
Road; running thence north
17 Degrees 45 Minutes west
along the northeasterly side
of Neese Road, two hundred
five and three tenths (205.3)
feet to an Iron pin found and
the point of beginning con
taining 3.00 acres and being
improved property having a
house thereon, and being
more particularly shown on
a survey prepared by Max
Lewallen, Georgia Registered
Surveyor, No. 2067, dated
November 8, 1978.
Parcel Two: all that tract
or parcel of land containing
3.0 acres, more or less, lying
and being in the 383rd District
G.M., of Madison County,
Georgia, on the easterly side
of Planter-Minish Road and
particularly described as fol
lows:
Beginning at a pin set on
the easterly side of Planter-
Minish Road at the land cor
ner of lands now or formerly
of Hix, which pin is located
south 17 Degrees 57 Minutes
52 Seconds east 205.30 feet
from an Iron pin found as
measured along the easterly
side of Planter-Minish Road;
and running thence north
73 Degrees 50 Minutes 48
Seconds east 556.6 feet to a
pin; thence south 16 Degrees
11 Minutes 05 Seconds east
97.85 feet to a pin; thence
south 42 Degrees 24 Minutes
47 Seconds west 505.28 feet
to a pin set on the north
easterly side of Rogers Road;
thence along the northeasterly
side of Rogers Road and
Planter-Minish Road as the
two merge north 47 Degrees
03 Minutes 37 Seconds
west 199.58 feet and north
26 Degrees 23 Minutes 41
Seconds west 25.63 feet and
north 22 Degrees 32 Minutes
20 Seconds west 165.93 feet
to the point of Beginning;
Said Tract of land is par
ticularly shown and delin
eated on a Plat prepared by
James R. Smith, registered
surveyor, dated February
28, 1990, recorded in Plat
Book 27, Page 134, Madison
County Records, which Plat
and record are by reference
incorporated herein.
(NV5,12,19,26B/12062-100T1P)
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
JEFFREY D. SMART and
TIFFANIE A. SMART to
WELLS FARGO BANK, NA,
dated March 31,2006, record
ed in Deed Book 00898,
Page 0179, Madison County,
Georgia Records, conveying
the after-described property to
secure a Note in the original
principal amount of EIGHTY-
EIGHT THOUSAND SIX
HUNDRED NINE AND 0/100
DOLLARS ($88,609.00), 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 Jeffrey D. Smart
and Tiffanie A. Smart or a
tenant or tenants and said
property is more commonly
known as 1233 Irvin Kirk
Road, Danielsville, Georgia
30633.
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 Jeffrey D.
Smart and Tiffanie A. Smart
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pak 12/1/09
Our file no. 52638209-FT5
EXHIBIT “A”
All that tract or parcel of
land together with all improve
ments thereon, containing
5.0 acres, more or less, situ
ate, lying and being in the
204th District G.M of Madison
County, Georgia, and being
more particularly shown and
designated on a plat entitled”
Survey for: Cecil Gunn,” dated
March 09, 2006, prepared by
James M. Paul, Engineering &
Surveying, by James M. Paul,
Registered Surveyor, record
ed in Plat Book B157, Page
2B, in the Office of the Clerk of
the Superior Court of Madison
County, Georgia, which plat
and record are by reference
incorporated herein.
(NV5,12,19.26B/12062-60T1P)
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 KEVIN B. JANSON and
TERESA G. JANSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated September 2,
2004, recorded in Deed Book
728, Page 172, Madison
County, Georgia Records,
as last transferred to Wells
Fargo Bank, NA. by assign
ment to be recorded in the
Office of the Clerk of Superior
Court of Madison County,
Georgia Records, convey
ing the after-described prop
erty to secure a Note in the
original principal amount of
ONE HUNDRED FORTY-
FIVE THOUSAND AND 0/100
DOLLARS ($145,000.00),
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 Kevin B. Janson
and Teresa G. Janson or a
tenant or tenants and said
property is more commonly
known as 494 Scogin 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 Kevin
B. Janson and Teresa G.
Janson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ak3 12/1/09
Our file no. 52193809-FT7
EXHIBIT “A”
All that tract or parcel of land,
togetherwith all improvements
thereon, containing 5.0 acres,
situate, lying and being in the
382nd District, G.M., Madison
County, Georgia, on the
southeasterly side of County
road no. 180 and shown and
delineated on a Plat prepared
by Ray N. Woods, registered
surveyor, dated October 27,
1995, revised July 10, 1997,
recorded in Plat Book 36,
Page 174, in the office of
the clerk of the superior court
of Madison County, Georgia,
which Plat and record are by
reference incorporated here
in.
Kevin B. Janson and Teresa
G. Janson acquired title to the
above described property by
warranty deed From J. Harvey
Bray and Mary E. Bray, dated
November 10, 1995, recorded
in Deed Book F-12, Pages
357-358, in said clerk’s office.
(NV5,12,19.26B/12062-70T1P)
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 con
tained in a Security Deed
given by TONY G. MARTIN
and CANDY M. MARTIN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December2,2004,
recorded in Deed Book 759,
Page 10, Madison County,
Georgia Records, as last trans
ferred to Wells Fargo Bank,
NA by assignment recorded
in Deed Book 1205, Page
86, Madison County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
FIFTEEN THOUSAND
FOUR HUNDRED SIXTY-
FOUR AND 0/100 DOLLARS
($115,464.00), with interest
thereon as set forth therein,
there will be sold at public out
cry 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 follow
ing 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 Tony G. Martin
and Candy M. Martin or a
tenant or tenants and said
property is more commonly
known as 288 Hickory Hills
Road, Danielsville, Georgia
30633.
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 Tony G.
Martin and Candy M. Martin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ak3 12/1/09
Our file no. 52025709-FT7
EXHIBIT “A”
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
438th G.M.D., Madison
County, Georgia, containing
2.00 acres, more or less being
known and designated as Lot
2, as shown on a plat of sur
vey entitled “Survey & Plat for:
Pat Cronic & Derek Cronic”,
dated June 7, 2004, prepared
by F. & M Land Surveyors,
F.B. Flournoy, Registered
Land Surveyor, said plat being
recorded in Plat Book B-122,
Pages 8B in the Office of the
Clerk of the Superior Court
of Madison County, Georgia,
and being incorporated herein
by reference for a more par
ticular description.
There is a fence encroach
ment across the rear of the
property as shown on the
above referenced plat.
(NV5,12,19.26B/12062-70T1P)
Gpn12
Advertisement
of Judicial Sale
Georgia, Madison County.
Pursuant to the Judgment
issued by the Superior Court
of Madison County, Georgia in
Civil Action No. 09-MV-036-J,
by an Amended Interlocutory
Orderand an Order Appointing
Receiver, both issued by said
Court on October, 22, 2009, in
Civil Action No. 09-MV-979-J,
there will be sold at public
outcry to the highest and best
bidder for cash, between the
legal hours of sale before the
Courthouse door in Madison
County, Georgia, on the first
Tuesday in December, 2009,
the following described prop
erty, to wit:
FIRST:
All that tract or parcel of land
containing 0.34 of an acre,
more or less, lying and being
in the 204th District G.M. of
Madison County, Georgia,
and particularly described as
follows:
BEGINNING at a pin set
at the land corner of lands
of Madison County, Georgia,
and lands of Charles E.
Adams, which pin is located
south 86 degrees 22 min
utes 45 seconds west 252.86
feet from a pin set on the
southeasterly right of way
line of U.S. Highway No. 29
as measured along the com
mon property line of Madison
County, Georgia, and Charles
E. Adams; and running thence
north 86 degrees 22 minutes
45 seconds east 79.24 feet to
a pin; thence north 00 degrees
09 minutes 00 seconds west
106.56 feet to a pin; thence
south 69 degrees 30 minutes
15 seconds east 125.94 feet
to a pin; thence south 31
degrees 01 minutes 30 sec
onds west 157.65 feet to a
pin; thence north 59 degrees
39 minutes 15 seconds west
133.85 feet to corner of begin
ning;
Said tract of land is par
ticularly shown and delin
eated on a plat prepared by
James M. Paul, Registered
Surveyor, dated October 7,
1983, recorded in Plat Book
20, Page 528, Madison
County Records, which plat
and record are by reference
incorporated herein;
Together with an easement
of ingress, egress and utilities
over, across, and through the
property of Miller and Haley,
which easement is particularly
described as follows:
Beginning at a pin set on
the southeasterly right of way
line of U.S. Highway No. 29
at the land corner of lands
of Madison County, Georgia,
which pin is located 0.2 of a
mile northeasterly from GA
Highway No. 98; and running
thence south 57 degrees 22
minutes east 217.72 feet to a
pin; thence south 69 degrees
30 minutes 15 seconds east
30 feet to a point; thence
north 29 degrees 13 min
utes 00 seconds east 30 feet
to a point; thence north 69
degrees 30 minutes 15 sec
onds west 30 feet to a point;
thence north 57 degrees 22
minutes west 217.72 feet to
a point on the southeaster
ly right of way line of U.S.
Highway No. 29; thence along
the southeasterly right of way
line of U.S. Highway No. 29
south 32 degrees 38 minutes
west 30 feet to the corner of
beginning.
SECOND:
All that tract or parcel of land
containing 0.04 of an acre,
more or less, lying and being
in the 204th District G.M. of
Madison County, Georgia,
and particularly described as
follows:
BEGINNING at a pin set
at the land corner of lands
of Madison County, Georgia,
Adams and Brooks and Miller,
which pin is located south 31
degrees 01 minutes 30 sec
onds west 157.65 feet from an
iron pin found as measured
along the common proper
ty line of lands of Madison
County, Georgia, and Miller;
and running thence south 31
degrees 01 minutes 30 sec
onds west 133.85 feet to a
point; thence north 31 degrees
01 minutes 30 seconds east
12 feet to a pin; thence south
59 degrees 39 minutes 15
seconds east 133.85 feet to
the corner of beginning.
Being cut from that 1.222
acre tract recorded in Plat
Book 19, Page 575, Madison
County Records and being
located immediately adjacent
to and on the southwesterly
side of that certain 0.34 of
an acre tract recorded in Plat
Book 20, Page 528, Madison
County Records which plats
are by reference incorporated
herein;
Together with an easement
for a sewer line over, across,
and through that property
described in Deed Book D-7,
Page 487, Madison County
Records, which deed and
description are by reference
incorporated herein.
Said property found in the
possession of Jessica L.
Miller Davis, levied on to sat
isfy the fi. fa. in favor of Lane
Fitzpatrick against Jessica
L. Miller Davis issued in the
Superior Court of Madison
County, Georgia in Civil Action
No. 09-MV-036-J, levied on as
the property of defendant in
fi. fa., notice of levy and sale
having been given the defen
dant in fi. fa.
The proceeds from the
sale will be first be used to
pay off the Deed to Secure
Debt from Doris A. Miller to
Merchants & Farmers Bank
dated October 7, 2003,
recorded in Deed Book 636,
pages 76-79; Additional Loan
Agreement dated November
continued on following page