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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