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THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. NOVEMBER 19. 2009 - PAGE 3B
Public Notices
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
MARTIN J. GUZMAN to
WELLS FARGO BANK, NA,
dated December 22, 2004,
recorded in Deed Book 760,
Page 113, Madison County,
Georgia Records, convey
ing the after-described prop
erty to secure a Note in the
original principal amount
of ONE HUNDRED THREE
THOUSAND TWO HUNDRED
TWENTY-FIVE AND 0/100
DOLLARS ($103,225.00), 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 prop
erty:
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 possible
events of default, failure to pay
the indebtedness as and when
due and in the manner pro
vided 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 provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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 Martin J. Guzman
or a tenant or tenants and said
property is more commonly
known as 133 Madison Ave.,
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 confirmation and
audit of the status of the loan
with the holder of the security
deed.
Wells Fargo Bank, NA as
Attorney in Fact for Martin J.
Guzman
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pak 12/1/09
Our file no. 51610209-FT5
EXHIBIT “A”
All that tract or parcel of land
situate, lying and being in the
382nd GMD, Madison County,
Georgia, being shown and
delineated as Lot 38, Block
A, according to a final plat of
Madison Acres, Phase One,
Section Four, by Landmark
Engineering Corporation, J. R.
Holland, Georgia Registered
Land Surveyor #1087, dated
November 20, 1980, and
recorded in Plat Book 23, Page
164, in the Office of the Clerk
of Superior Court of Madison
County, Georgia, which plat is
referred to herein for a more
NEW Legal Deadline
Beginning Jan. 1,
2010, the new dead
line for all legals will
be Wednesday by
noon prior to the first
week of publication.
complete and detailed descrip
tion. This is the same property
conveyed by deed recorded
in Deed Book 1-10, Page 620,
said records.
Also conveyed herewith is
a 2004 Palm Harbor 48x32
manufactured home, Serial
Number 23-5341AB, which is
permanently attached to and
made a part of the real prop
erty.
(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.
By virtue of the Power of
Sale contained in a Security
Deed given by PLANSOUTH,
INC. to BRANCH BANKING
AND TRUST COMPANY,
dated March 29, 2006, record
ed in Deed Book 898, Pages
49-57, Madison County,
Georgia Records, last modi
fied by instrument recorded
at Deed Book 1154, Pages
174-176, aforesaid records,
conveying the after-described
property to which secures a
Note dated March 29, 2006,
in the original principal amount
of $576,000.00, 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:
All those 12 Lots and
Parcels of Land, together
with all improvements there
on, situate, lying and being
in the 204th District, G.M.,
Madison County, Georgia, in
the City of Danielsville, and
being separately shown and
designated as Lot 1 containing
1.352 acres, Lot 2 containing
0.985 acres, Lot 3 containing
1.120 acres, Lot 4 containing
1.134 acres, Lot 5 containing
0.951 acres, Lot 6 containing
1.224 acres, Lot 7 containing
1.453 acres, Lot 8 containing
1.022 acres, Lot 9 containing
0.915 acres, Lot 10 containing
0.746 acres, Lot 11 containing
1.012 acres, Lot 12 containing
1.020 acres, on a plat of sub
division prepared by Woods
and Chastain Surveyors, Inc.,
Ray N. Woods, Registered
Surveyor, dated January 30,
2002, recorded in Plat Book
B-77, page 6, Madison County,
Georgia records; said plat and
the recording thereof are incor
porated herein by reference
as a part of this description.
Subject to water and sewer
easements and set back lines
as shown on plat of record and
as same appear of record.
The debt secured by said
Security Deed has been and is
hereby declared due 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 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 provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Plansouth, Inc., or
a tenant or tenants, and said
property is more commonly
known as described 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.
Branch Banking and Trust
Company as Attorney in Fact
for Plansouth, Inc.
Samuel L. Chesnutt as
Attorney at Law for Branch
Banking and Trust Company
Strickland, Chesnutt &
Lindsay, LLP
650 Oglethorpe Avenue,
Suite 1
Athens, Georgia 30606
Our file no. A09-339P
(NV5,12.19,26B/887-60)
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.
By virtue of the Power of
Sale contained in a Security
Deed given by PLANSOUTH,
INC. to BRANCH BANKING
AND TRUST COMPANY,
dated July 31, 2007, recorded
in Deed Book 1041, Pages
241-249, Madison County,
Georgia Records, last modi
fied by instrument recorded
at Deed Book 1154, Pages
171-173, aforesaid records,
conveying the after-described
property to which secures a
Note dated July 31, 2007, in
the original principal amount
of $502,480.00, 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:
TRACT ONE:
All That Tract or Parcel of
Land, together with all improve
ments thereon, lying and being
in the 205th District, G.M. of
Madison County, Georgia,
containing 49.183 acres, more
or less, lying on the north
erly side of County Road 329
and being more particularly
shown and delineated on a
plat prepared by James R.
Smith, GRLS No. 2407, dated
September 22, 2000, record
ed at Plat Book B-72, Page
2, Madison County, Georgia
Records; said plat and the
recording thereof are incorpo
rated herein by reference as a
part of this description.
TRACT TWO:
All That Tract or Parcel of
Land, together with all improve
ments thereon, lying and being
in the 205th District, G.M. of
Madison County, Georgia,
containing 28.208 acres, more
or less, lying on the northerly
side of County Road 329, and
being more particularly shown
and delineated on a plat enti
tled “Survey for Plan South,
Inc.,” by Cornerstone Land
Surveying, certified by James
R. Smith, GRLS No. 2407,
dated September 18, 2003,
recorded at Plat Book B-111,
Page 8, Madison County,
Georgia Records; said plat
and the recording thereof are
incorporated herein by refer
ence as a part of this descrip
tion.
The debt secured by said
Security Deed has been and is
hereby declared due 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 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 provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Plansouth, Inc., or
a tenant or tenants, and said
property is more commonly
known as described 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.
Branch Banking and Trust
Company as Attorney in Fact
for Plansouth, Inc.
Samuel L. Chesnutt as
Attorney at Law for Branch
Banking and Trust Company
Strickland, Chesnutt &
Lindsay, LLP
650 Oglethorpe Avenue,
Suite 1
Athens, Georgia 30606
Our file no. A09-338P
(NV5,12,19,26B/887-70)
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.
By virtue of the Power of
Sale contained in a Security
Deed given by PLANSOUTH,
INC. to MAIN STREET BANK,
dated December 6, 2002,
recorded in Deed Book 516,
Pages 194-195, Madison
County, Georgia Records, last
modified in favor of Branch
Banking and Trust Company
by instrument recorded at
Deed Book 1062, Pages 142-
143, aforesaid records, con
veying the after-described
property to which secures a
Note dated November 29,
2004, in the original princi
pal amount of $691,723.83,
with interest thereon as set
forth therein, there will be sold
at public outcry to the high
est 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 prop
erty:
All That Tract or Parcel
of Land lying and being in
G.M.D. 205 of Madison
County, Georgia, shown as
Tract 1, containing 160.819
acres, more or less, on a
plat of survey for PlanSouth,
Inc., by Cornerstone Land
Surveying, certified by James
R. Smith, GRLS No. 2407,
dated December 4, 2002,
recorded at Plat Book B-94,
page 4, Madison County,
Georgia records; said plat and
the recording thereof are incor
porated herein by reference as
a part of this description.
LESS AND EXCEPT: All
That Tract or Parcel of Land
lying and being in G.M.D. 205
of Madison County, Georgia,
containing 10.00 acres, more
or less, on a plat of sur
vey for PlanSouth, Inc., by
Cornerstone Land Surveying,
certified by James R. Smith,
GRLS No. 2407, dated October
16, 2003, recorded at Plat
Book B-110, page 6, Madison
County, Georgia records; said
plat and the recording thereof
are incorporated herein by
reference as a part of this
description.
The debt secured by said
Security Deed has been and is
hereby declared due 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 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 provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Plansouth, Inc., or
a tenant or tenants, and said
property is more commonly
known as described 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.
Branch Banking and Trust
Company, successor to Main
Street Bank as Attorney in
Fact for Plansouth, Inc.
Samuel L. Chesnutt as
Attorney at Law for Branch
Banking and Trust Company
Strickland, Chesnutt &
Lindsay, LLP
650 Oglethorpe Avenue,
Suite 1
Athens, Georgia 30606
Our file no. A09-337P
(NV5,12.19.26B/887-60)
gpnll
Notice of Sale
Notice of Sale Under Power
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
BERNICE P. CAMPBELL to
IMPACT REALTY-MELTON
& ASSOCIATES, INC., dated
April 23, 2009, recorded in
Deed Book 01177, Pages
0077-0090, Madison County,
Georgia Records; convey
ing the after described prop
erty to secure a Note in the
original principle amount of
FOURTEEN THOUSAND
NINE HUNDERED AND 0/100
DOLLARS ($14,900.00), with
interest thereon as set forth
therein, pursuant to said deed
and the note thereby secured,
has declared the entire amount
due and payable and pursuit
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 improve
ments thereon, situate, lying
and being in the 382nd
District, G.M., Madison County,
Georgia, being shown and des
ignated as 5.470 acres on a
plat of survey entitled “Survey
for Charles Mark Durham and
Debra Murray Durham,” dated
January 18, 1991, prepared by
J.R. Holland, RLS No. 1087,
said plat being recorded in Plat
Book 28, Page 550, Madison
County, Georgia Records,
said plat being incorporated
herein by reference for a more
detailed description.
Together with the ingress-
egress easement, 40 feet
in width, extending from the
northern right of way line
of Maple Wood Land to the
Southern Boundary line of
Tract “B” as described above,
as shown on the plat of survey
reference above. The ease
ment granted herein shall run
with the land and inure to the
benefit of the Grantees, their
heirs and assigns.
Which has the property
address of 763 Woodale
Street, Hull, Georgia 30646,
together with all fixtures and
other personal property con
veyed 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.
Pursuant to O.C.G.A.
Section 44-14-162.2 the name
of the person or entity who has
the full authority to negotiate,
amend, or modify the terms of
the aforementioned indebted
ness is: Impact Realty-Melton
& Associates, Inc., 855 Sunset
Drive, Suite 11, Athens, GA
30606, Phone: 706-549-1799.
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend or
modify said indebtedness.
Said property will be sold
as the property of Bernice P.
Campbell and the proceeds of
said sale shall be applied to the
payment of said indebtedness,
the expenses 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.
Impact Realty-Melton &
Associates, Inc., Attorney in
fact for Bernice P. Campbell
Impact Realty-Melton &
Associates, Inc.
855 Sunset Drive, Suite 11
Athens, GA 30606
(706) 549 1799
impact realty@hotmail.com
(NV4,11,18,25P4)
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 KIMBERLEY
A. FORTSON and ROGER
DARRELL FORTSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated August 10, 2001, in
the amount of $87,500.00, and
recorded in Deed Book 367,
Page 43, Madison County,
Georgia Records, as last trans
ferred to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc.
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 parcel of land in City
of Colbert, Madison County,
State of Georgia, as more
fully described in Deed Book
103, Page 86, ID# C1-02-022,
being known and designated
as Lot 1, Block B, filed in Plat
Book A-2, Page 402 metes
and bounds property. By Fee
Simple Deed from Roger
Darrell Fortson as set forth in
Deed Book 103, page 86 dated
12/22/1997 and recorded
01/12/1998, Madison County
Records, State of Georgia.
which has the property
address of 153 West 2nd
Avenue, Colbert, Georgia,
together with all fixtures and
other personal property con
veyed 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 Kimberley
A. Fortson and Roger Darrell
Fortson 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 Kimberley
A. Fortson and Roger Darrell
Fortson
Anthony DeMarlo, Attorney/
cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-23863 /FNMA
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
Under and by virtue of the
Power of Sale contained in
that certain Security Deed and
Agreement from SHANNON
SMITH (“Grantor”) to
APPALACHIAN COMMUNITY
BANK (“Grantee”), dated
February 2, 2007, filed and
recorded February 2, 2007, in
Deed Book 985, Page 176,
Madison County, Georgia
Records, and recorded
February 7, 2007, in Deed
Book 578, Page 395, Hart
County, Georgia Records (the
“Security Deed”), conveying
the after-described property to
secure that certain Universal
Note dated March 4, 2009,
from GRK Farm, LLC pay
able to Gilmer County Bank,
a division of Grantee, in the
original principal amount of
ONE MILLION FIFTY FOUR
THOUSAND FIVE HUNDRED
SIXTY ONE AND 08/100
DOLLARS ($1,054,561.08),
with interest thereon as set
forth therein (as modified and
renewed, the “Note”), 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:
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
continued on following page