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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. NOVEMBER 12. 2009 - PAGE 7C
Public Notices Continued
made for the purpose of pay
ing 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 confirmation 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)
Spill
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 under
signed at public outcry 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 prop
erty described on Exhibit “A”
attached hereto and incor
porated 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 possible events
of default, failure to make pay
ments 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, easements, cov
enants, and matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not necessarily limited
to, senior encumbrances that
will not be extinguished by the
foreclosure 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 ten
ant 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
outcry 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 confirmation 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 COL
LECTOR. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
[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,
together with 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 incorpo
rated 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 subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
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 confirmation 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.
O n eWest Ba n k FS B Attorn ey
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
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 there
in 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 accor
dance with the terms and pro
visions 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, pursuant to
said Deed to Secure Debt
and the Note secured there
by, have declared the entire
amount of the indebtedness
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 the 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
Book 24, Page 262 Public
Records of Madison County,
Georgia, is by reference
incorporated herein as a part
hereof.
THIS CONVEYANCE
is made subject to all zon
ing ordinances, easements,
rights-of-way for public roads
and public utilities and any
restrictions of record affecting
said described property.
Re: Deed Book G-8, Page
627, Madison County Public
Records
Re: Deed Book U-3, Page
381, Madison County Public
Records
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, includ
ing attorney’s fees (notice of
intention to collect attorney’s
fees having been given).
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 or encumbrances of
record; all valid zoning ordi
nances; matters which would
be disclosed by an accurate
survey of the property or by
any inspection of the property;
all outstanding taxes, assess
ments, unpaid bills, charges,
and expenses that are a lien
against the property whether
due and payable or not yet
due and payable.
As required by § 44-14-
162.2(a) of the Official Code
of Georgia Annotated, you are
hereby notified that the indi
vidual who has full authority
to negotiate, amend and mod
ify all terms of the mortgage
instrument referred to above
is Sterling A. Simcic, 355 Fox
Ridge Road, Orange Park, FL
32065. He can be reached
at telephone number 904-
298-3659. The lender is not
required to modify or amend
the terms of the mortgage.
To the best of the under
signed’s knowledge and
belief, possession of the sub
ject property is held by John
David Stowe.
The real estate described
above will be sold subject to
any and all unpaid taxes and
assessments.
Said real estate will be sold
and the proceeds of said sale
applied by the undersigned all
as provided in said power of
sale and said Deed to Secure
Debt containing said power.
This 1st day of November,
2009.
STERLING A. SIMCIC,
CLARA J. SIMCIC, AND
KIMELA WALSH AS
ATTORNEYS-IN-FACT FOR
JOHN DAVID STOWE
Felix P. Graham, Jr.
Graham Law Firm, LLC
Attorneys at Law
Post Office Drawer 300
Danielsville, Georgia
30633-0300
706Y795-2184
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/185-70)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
By Deed to Secure Debt
dated March 14, 2008, record
ed in Deed Book 1101, Pages
37-40, in the Office of the Clerk
of Superior Court of Madison
County, Georgia, FLORA
STOWERS conveyed the real
estate described therein to
GERALD CAREY 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,
Gerald Carey, pursuant to
said Deed to Secure Debt
and the Note secured there
by, has declared the entire
amount of the indebtedness
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 the legal hours of sale
before the Courthouse door in
Danielsville, Madison County,
Georgia, sell at public sale to
the highest and best bidder for
cash, the real estate described
in said deeds, to-wit:
A strip of land, together with
all improvements thereon,
located on the East Side of
Highway No. 281, beginning
at the intersection of the East
line of said Highway No. 281,
and the North line of the old
Bazz Bruce Homeplace for a
point of beginning and extend
ing East along the North line
of the old Bazz Bruce home-
place a distance of 330 feet
to what will be the Northeast
corner of the said tract; thence
South a distance of 300 feet
to a point to be known as
the Southeast corner of said
tract; thence West and paral
lel with the North line of said
tract a distance of 330 feet
to the intersection of the East
line of said Highway No. 281;
thence North and parallel with
the East line of said tract a
distance of 300 feet to the
place or point of beginning,
containing a tract of land 300
feet from North to South by
330 feet from East to West,
as shown by the drawing as
follows, located in Madison
County, State of Georgia.
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, includ
ing attorney’s fees (notice of
intention to collect attorney’s
fees having been given).
continued on following page