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PAGE 4B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. NOVEMBER 19. 2009
Public Notices Continued
having the following metes
and bounds, to-wit: Beginning
at the extreme south, where
the property herein conveyed
and lands of Evans intersect
with the branch, and run
ning thence along branch
N33E 1.25 chs; thence N65E
1.52; S89E 1.23; S55E 1.13;
S871/2E 1.06; N5E 1.09;
N74E 1.48; N42E 1.67; N85E
2.64; N53E 0.88; N79E 1.61;
N31E 1.56; N9E 0.79; N20E
2.20; N42E 1.20; N29E 1.18;
N48E 1.18; N22E 2.36; N18E
1.74; N71E 0.83; N52E 1.59;
N78E 1.70; N41E 1.61; N31E
1.48; N7E 1.65; N1E 2.74;
Thence leaving the branch,
S891/2W 15.51 chs to rock &
pin; thence S231/2W 2.88 to
pin an oak; thence S841/2W
4.09 to pin; thence N511/2W
4.28 to pin in road; thence
along the said road S47W
1.61 to point; thence S281/2W
10.65 to point thence, leav
ing road S45E 3.41 to point;
thence S39W 3.15 to point;
thence N561/2W 3.00 to point;
thence S401/2W 0.88 to point;
thence SI7W 2.81 to point;
thence S52E 10.50 chs to the
point of beginning on branch.
All according to a plat of sur
vey made by A.P. Stevens, Jr.,
Surveyor, of date January 7,
1960, which plat is recorded in
Plat Book 5, Page 95, Madison
County Public Records and
Plat Book 15, Page 169, Hart
County Public Records, which
plat and the record thereof
are by reference incorporated
herein.
The property described
above (the “Real Property”)
will be sold together with the
following, as more particularly
described in that certain UCC
Financing Statement No. 095-
2007-000653, filed for record
in Madison County, Georgia
Records (all of such real prop
erty, fixtures and personal
property hereinafter being
collectively referred to as the
“Premises”);
(a) ACCOUNTS: All of
Debtor’s accounts, accounts
receivable, contract rights,
general intangibles, notes,
documents, chattel paper,
instruments, acceptanc
es, drafts, whether or not
the same are subject to or
defined by, Article 9 of Uniform
Commercial Code or whether
or not the same constitute by
reason of one or more of the
foregoing clauses, a right to
the payment of money or other
form of consideration of any
kind, at any time existing now
or hereafter owing or to be
owing to Debtor, whether or
not the same are listed on
any scheduled assignments or
reports furnished to Secured
Party from time to time, wheth
er the same are now existing
or are created or acquired at
any time hereafter; any liens
which Debtor may hold for
the payment of any of the
foregoing, any and all guar
antees and securities which
Debtor may hold for the pay
ment of any of the foregoing;
and all proceeds thereof (all of
the foregoing hereinafter col
lectively called (“Accounts”);
Accounts shall include, without
limitation, any and all rights to
payments from:
(i) FARM PRODUCTS: All
of Debtor’s presently existing
and hereafter acquired farm
products, wherever located,
including, without limitations,
livestock and supplies used
or produced in raising, fatten
ing, grazing or other fanning
operations, and all products of
end livestock in their unmanu
factured states (all of the fore
going hereinafter collectively
called “Farm Products”);
(ii) EQUIPMENT: All of
Debtor’s presently existing and
hereafter acquired equipment,
wherever located, including,
without limitation, machinery,
fixtures, appliances, furni
ture, leasehold improvements
and motor vehicles and all
replacements thereof and
accessions, parts and equip
ment now or hereafter affixed
thereto or used in connection
therewith (all of the foregoing
hereinafter collectively called
“Equipment”);
(iii) INVENTORY: All of
Debtor’s presently editing and
hereafter acquired inventory,
wherever located, including,
without limitation, all goods
held by Debtor for sale or
lease or to be furnished under
contracts of service or so fur
nished, all raw materials, work
in process and finished goods,
all supplies tad materials
used or consumed in Debtor’s
business, and all warehouse
receipts and other documents
of title issued for such good
(all of the foregoing hereinafter
collectively called “Inventory”);
(iv) PROCEEDS: All pro-
ceedsend products ofAccounts,
Inventory, Equipment, Farm
Products, including, without
limitation, accounts, inventory,
equipment, the proceeds of
insurance or other tangible or
intangible property, resulting
from the sale or other disposi
tion of any of the foregoing or
the rendition of services by
Debtor and the proceeds and
products thereof (all of the
foregoing hereinafter collec
tively called “Proceeds”).
(b) All income, rents, issues,
and profits and revenues of
the Premises from time to time
accruing (including without limi
tation all payments under leas
es or tenancies, proceeds of
insurance, condemnation pay
ments, tenant security depos
its whether held by Grantor or
in a trust account, and escrow
funds), and all the estate, right,
title, interest, property, pos
session, claim and demand
whatsoever at law, as well as
in equity, of Grantor of, in and
to the same.
(c) All equipment and fix
tures of the Grantor used in
or useful in the conduct of
the Grantor’s operation of a
poultry farm business, now
or hereafter acquired, and all
accessories, parts and equip
ment now or hereafter affixed
thereto or used in connection
therewith.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable 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 Agreement. The
debt remaining in default, this
sale will be made for the pur
pose of paying the same and
all expenses of this sale, as
provided in the Security Deed
and by law, including attor
ney’s fees (notice of intent to
collect attorney’s fees having
been given as provided by
law).
The property will be sold
for cash or certified funds and
subject to any and all mat
ters of record superior to said
Security Deed, outstanding ad
valorem taxes, any matters
which might be disclosed by an
accurate survey and inspec
tion of the property, zoning
ordinances, restrictions, cove
nants, and easements against
the property, if any. The sale
will be conducted as set forth
herein subject to (1) confirma
tion prior to the sale that the
sale is not prohibited under
the U.S. Bankruptcy Code and
(2) final confirmation and audit
prior to the sale of the status of
the loan with the holder of the
Security Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property consists of 47.18
acres located in the 591 st G.M.
District of Madison County
and the 1113th G.M. District
of Hart County, Georgia, and
the parties in possession of
the property are GRK Farm,
LLC, Shannon Smith, Kevin
R. Peeples, or their tenant or
tenants.
Appalachian Community
Bank, as Attorney-in-Fact for
Shannon Smith
Thompson, O’Brien, Kemp
& Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
(NV5,12,19,26B/P4)
gpnll
Notice of Sale
Notice of SaleUnder Power
in Security Deed
State of Georgia
County of Madison
On April 12, 2006,
SEAGRAVES MANAGEMENT,
INC. executed a Security
Deed With Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of even
date in the amount of ONE
MILLION FOUR HUNDRED
FOURTEEN THOUSAND
FOUR HUNDRED TWENTY-
TWO AND 81/100 DOLLARS
($1,414,422.81), said secu
rity deed being recorded in
Deed Book 901, Pages 63-70,
Madison County Records.
Said security deed conveyed
the property hereinafter
described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
for cash, before the Madison
County Courthouse door in
Danielsville, Georgia, during
the legal hours of sale, being
10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday in
December, the same being
December 1, 2009, the follow
ing described property:
TRACT ONE:
All that tract or parcel of
land, together with all improve
ments thereon, containing
362.30 acres, more or less,
situate, lying and being in
the 262nd District, G.M. of
Madison County, Georgia and
being more particularly shown
and designated as Tract 1
on a plat entitled “SURVEY
FOR: MARY HART”, prepared
by Bauknight & Associates,
Inc., W. Slate Bauknight,
Registered Surveyor, dated
April 18, 2005, recorded in Plat
Book B143, Page 4A, Madison
County Records, which plat
and record are by reference
incorporated herein;
TRACT TWO:
All that tract or parcel of
land, together with all improve
ments thereon, containing
45.79 acres, more or less,
situate, lying and being in
the 262nd District, G.M. of
Madison County, Georgia and
being more particularly shown
and designated as Tract 2
on a plat entitled “SURVEY
FOR: MARY HART”, prepared
by Bauknight & Associates,
Inc., W. Slate Bauknight,
Registered Surveyor, dated
April 18, 2005, recorded in Plat
Book B143, Page 4A, Madison
County Records, which plat
and record are by reference
incorporated herein;
The debt secured by said
security deed and note has
been and is hereby declared
due and payable because of
default for non-payment as
required by the note and secu
rity deed. The debt having
been declared due and pay
able and remaining unpaid,
and the terms in the note and
security deed remaining in
default, this sale will be made
for the purpose of paying the
principal, accrued interest and
attorney’s fees pursuant to the
note and security deed, plus
all expenses of this sale.
Said property will be sold
as the property of Seagraves
Management, Inc. and sub
ject to outstanding ad valor
em taxes and/or easements
and/or restrictive covenants
appearing of record, if any.
The undersigned will comply
with Georgia law, O.C.G.A.
Section 44-14-162.2, prior to
conducting the sale.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Seagraves
Management, Inc.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with Debtor is Merchants &
Farmers Bank, PO. Box 316,
Colbert, Georgia 30628, Phone
Number 706-788-2133.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided in
the aforementioned deed to
secure debt to Merchants &
Farmers Bank.
Dated this 28th day of
October, 2009.
Merchants & Farmers Bank
Attorney-in-fact for Seagraves
Management, Inc.
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(NV5,12,19,26P4)
gpnll
Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale
contained in a Deed to Secure
Debt by DONALD A. SEABOLT
and SHERRY L. SEABOLT to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. (“MERS”) as nominee
for QUICKEN LOANS, INC.,
dated August 19, 2005, and
filed for record August 31,
2005, in Deed Book 832, Page
164, Madison County, Georgia
Records, and securing a Note
in the original principal amount
of $188,800.00; last trans
ferred to The Bank of New
York Mellon FKA The Bank of
New York, As Trustee for the
Certificateholders CWALT, Inc.
Alternative Loan Trust 2005-
54CB Mortgage Pass-Through
Certificates, Series 2005-
54CB by Assignment filed for
recording in Madison County,
Georgia records, there will be
sold at a public outcry for cash
to the highest bidder before the
Courthouse door of Madison
County, Georgia, between the
legal hours of sale on the
first Tuesday in December,
2009, by The Bank of New
York Mellon FKA The Bank of
New York, As Trustee for the
Certificateholders CWALT, Inc.
Alternative Loan Trust 2005-
54CB Mortgage Pass-Through
Certificates, Series 2005-
54CB as Attorney-in-Fact for
Donald A. Seabolt and Sherry
L. Seabolt the following prop
erty to-wit:
ALL THAT TRACT or par
cel of land lying and being in
the 382nd G.M.D., Madison
County, Georgia, as shown by
Survey entitled, “Survey for
Sherry L. Farris and Scott D.
Farris”, dated July 6, 1995,
prepared by James M. Paul,
certified by James M. Paul,
Georgia Registered Land
Surveyor; said plat being of
record in the Office of the Clerk
of Superior Court of Madison
County, Georgia in Plat Book
33, Page 162, which said plat
and the recording thereof are
by reference hereto incorpo
rated herein for a more com
plete and detailed description.
The above described prop
erty is also known as 3604
Highway 29 South, Colbert,
GA 30628.
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, including
attorney’s fees, if applicable.
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, security deeds, or
encumbrances of record; all
valid zoning ordinances; mat
ters which would be disclosed
by an accurate survey of the
property or by any inspection
of the property; all outstanding
taxes, assessments, unpaid
bills, charges, and expenses
that are a lien against the
property whether due and pay
able or not yet due and pay
able.
To the best of the under
signed’s knowledge and belief,
possession of the subject
property is held by Donald
A. Seabolt and Sherry L.
Seabolt.
Pursuant to O.C.G.A.
§ 44-14-162.2, the name,
address and telephone number
of the individual or entity who
shall have the full authority to
negotiate, amend or modify all
terms of the above described
mortgage is as follows: BAC
Home Loans Servicing, L.P.
f/k/a Countrywide Home
Loans Servicing, LP, Attn: Jill
Balentine, P. O. Box 5170,
MS SV314B, Simi Valley, CA
93065, Telephone: 1-888-219-
7773. The foregoing notwith
standing, nothing in O.C.G.A.
§ 44-14-162.2 shall be con
strued to require BAC Home
Loans Servicing, LP, as ser
vicer for The Bank of New
York Mellon FKA The Bank of
New York, As Trustee for the
Certificateholders CWALT, Inc.
Alternative Loan Trust 2005-
54CB Mortgage Pass-Through
Certificates, Series 2005-
54CB to negotiate, amend or
modify the terms of the Deed
to Secure Debt described
herein.
The Bank of New York
Mellon FKA The Bank of
New York, As Trustee for the
Certificateholders CWALT, Inc.
Alternative Loan Trust 2005-
54CB Mortgage Pass-Through
Certificates, Series 2005-
54CB as Attorney-in-Fact for
Donald A. Seabolt and Sherry
L. Seabolt
SHUPING, MORSE &
ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite
100
Riverdale, Georgia 30274-
1698
(770) 991-0000
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/119-70)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On December 29, 2006,
CHARLES C. DINSMORE
executed a Security Deed
With Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of even
date in the amount OF ONE
HUNDRED SEVENTY-FIVE
THOUSAND FIVE HUNDRED
FIVE AND 00/100 DOLLARS
($175,505.00), said security
deed being recorded in Deed
Book 987, Pages 225-230,
Madison County Records.
Said security deed conveyed
the property hereinafter
described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
for cash, before the Madison
County Courthouse door in
Danielsville, Georgia, during
the legal hours of sale, being
10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday in
December, the same being
December 1, 2009, the follow
ing described property:
All that tract or parcel of
land, together with all improve
ments thereon, containing 39
acres, more or less, lying and
being in the 204th District, G.
M. , Madison County, Georgia,
on the westerly side of U.S.
Highway 29 approximately
3/4 of a mile northerly from
Danielsville and bounded now
or formerly as follows: On the
northeast by lands of Aradt,
Bridges, Bond, Fairfield Baptist
Church and Nelms (Carey-
Hill county dirt road separat
ing in part); on the southeast
by the right of way of said
U.S. Highway No. 29; on the
south by lands of Falany and
Adams; on the southwest by
lands of Falany and Adams
and Segers; and on the north
west by lands of Mann;
Said tract of land being the
same property conveyed to
Billy H. Caudell by Johnnie L.
Few by warranty deed dated
October 5, 1976, recorded in
Deed Book C-6, page 622,
in the Office of the Clerk of
the Superior Court of Madison
County, Georgia, and also
being the same property for
merly owned by Henry B.
Sanders and devised to John
W. Sanders by will as record
ed in Will Book C, Pages 153
and 154, Office of the Probate
Judge of Madison County,
Georgia;
LESS AND EXCEPT: All
that tract or parcel of land
situate, lying and being in the
204th G.M. District, Madison
County, Georgia, contain
ing 1.28 acres, more or less,
together with all improvements
thereon, on the northwesterly
side of U.S. Highway 29, and
being more particularly shown
and delineated on a plat enti
tled “SURVEY FOR: FRANK
T. AND MARY L. DEFOOR,”
dated December 13, 1996,
prepared by Sherald G. Sharp,
Registered Surveyor, recorded
in Plat Book 33, page 556,
in the Office of the Clerk of
the Superior Court of Madison
County, Georgia, which plat
and record are by reference
incorporated herein for a more
particular description;
LESS AND EXCEPT: All that
tract or parcel of land, together
with all improvements thereon,
situate, lying and being in the
204th G.M. District, Madison
County, Georgia, containing
30.552 acres, more or less,
as being more particularly
described in that Warranty
Deed from Frank T. DeFoor
and Mary L. DeFoor to E.A.
Mann, et al, dated June 8,
1995, and recorded in Deed
Book Z-11, page 373, in the
Office of the Clerk of the
Superior Court of Madison
County, Georgia, said deed
and description being incorpo
rated herein by reference;
The debt secured by said
security deed and note has
been and is hereby declared
due and payable because of
default for non-payment as
required by the note and secu
rity deed. The debt having
been declared due and pay
able and remaining unpaid,
and the terms in the note and
security deed remaining in
default, this sale will be made
for the purpose of paying the
principal, accrued interest and
attorney’s fees pursuant to the
note and security deed, plus
all expenses of this sale.
Said property will be sold
as the property of Charles
C. Dinsmore and subject to
outstanding ad valorem taxes
and/or easements and/or
restrictive covenants appear
ing of record, if any. The
undersigned will comply with
Georgia law, O.C.G.A. Section
44-14-162.2, prior to conduct
ing the sale.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Charles C.
Dinsmore.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with Debtor is Merchants &
Farmers Bank, RO. Box 316,
Colbert, Georgia 30628, Phone
Number 706-788-2133.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided in
the aforementioned deed to
secure debt to Merchants &
Farmers Bank.
Dated this 28th day of
October, 2009.
Merchants & Farmers Bank
Attorney-in-fact for Charles C.
Dinsmore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(NV5,12,19,26P4)
gpnll
Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On February 20, 2006,
CHARLES C. DINSMORE
executed a Deed to Secure
Debt With Power of Sale to
MERCHANTS & FARMERS
BANK securing a note of
even date in the amount of
ONE HUNDRED THIRTY-SIX
THOUSAND ONE HUNDRED
TWENTY-FOUR AND 50/100
DOLLARS ($136,124.50), said
security deed being record
ed in Deed Book 887, Pages
171-175, Madison County
Records. Said security deed
conveyed the property herein
after described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
for cash, before the Madison
County Courthouse door in
Danielsville, Georgia, during
the legal hours of sale, being
10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday in
December, the same being
December 1, 2009, the follow
ing described property:
All that tract or parcel of land,
together with all improvements
thereon, containing 8.557
acres, more or less, situate,
lying and being in the 262nd
District, G.M., Madison County,
Georgia, and being more par
ticularly described on the plat
dated April 16, 2005 entitled
“Survey for: Jeffie Fitzpatrick
Estate” by Rufus E. Owens,
Registered Land Surveyor,
recorded in Plat Book B141,
Page 2A, in the Office of the
Clerk of the Madison County
Superior Court, which plat and
record are by reference incor
porated herein.
The debt secured by said
security deed and note has
been and is hereby declared
due and payable because of
default for non-payment as
required by the note and secu
rity deed. The debt having
been declared due and pay
able and remaining unpaid,
and the terms in the note and
security deed remaining in
default, this sale will be made
for the purpose of paying the
principal, accrued interest and
attorney’s fees pursuant to the
note and security deed, plus
all expenses of this sale.
Said property will be sold
as the property of Charles
C. Dinsmore and subject to
outstanding ad valorem taxes
and/or easements and/or
restrictive covenants appear
ing of record, if any. The
undersigned will comply with
Georgia law, O.C.G.A. Section
44-14-162.2, prior to conduct
ing the sale.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Charles C.
Dinsmore.
The entity with full authority
to negotiate, amend and mod
ify all terms of the mortgage
with Debtor is Merchants &
Farmers Bank, PO. Box 316,
Colbert, Georgia 30628, Phone
Number 706-788-2133.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided in
the aforementioned deed to
secure debt to Merchants &
Farmers Bank.
Dated this 28th day of
October, 2009.
Merchants & Farmers Bank
Attorney-in-fact for Charles
C. Dinsmore
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(NV5,12,19,26P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
On September 8, 2005,
CHARLES C. DINSMORE
executed a Security Deed With
Power of Sale to MERCHANTS
& FARMERS BANK securing
a note of even date in the
amount of TWO HUNDRED
TWENTY-SIX THOUSAND
FOUR HUNDRED SEVENTY-
FOUR AND 50/100 DOLLARS
($226,474.50), said secu
rity deed being recorded in
Deed Book 840, Pages 58-62,
Madison County Records.
Said security deed conveyed
the property hereinafter
described.
By virtue of the power of
sale contained in said security
deed to Merchants & Farmers
Bank there will be sold by
the undersigned at public
outcry to the highest bidder
for cash, before the Madison
County Courthouse door in
Danielsville, Georgia, during
the legal hours of sale, being
10 a.m. until 4 p.m. Eastern
Time, on the first Tuesday in
December, the same being
December 1, 2009, the follow
ing described property:
Parcel One:
All that tract or parcel of
land, together with all improve
ments thereon, containing
37.50 acres, more or less,
situate, lying and being in
the 262nd District, G.M. of
Madison County, Georgia, on
the easterly side of Georgia
Highway No. 106; on the
southerly side of County Road
No. 63 and the southwesterly
side of County Road No. 398,
and being more particularly
shown and delineated on a plat
entitled “Survey for: Nathan
Daniel Carey,” prepared by
James M. Paul, Registered
Surveyor, dated December 29,
1995, recorded in Plat Book
continued on following page