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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