Newspaper Page Text
THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. NOVEMBER 19. 2009 - PAGE 5B
Public Notices Continued
33, Page 299, Office of the
Clerk of the Superior Court
of Madison County, Georgia,
which plat and record are by
reference incorporated herein.
Parcel Two:
All that tract or parcel of
land, together with all improve
ments thereon, containing
34.09 acres, more or less,
situate, lying and being in
the 262nd District, G.M. of
Madison County, Georgia,
and being more particularly
shown and delineated on a
plat dated February 23, 1998
entitled “Survey for: Charles C.
Dinsmore,” prepared by Rufus
E. Owens, Land Surveyor,
recorded in Plat Book 219
Page 0007A, Office of the
Clerk of the Superior Court
of Madison County, Georgia,
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 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, P.O. 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
of Attorney Contained
in Security Deed
Under and by virtue of the
power of sale contained in
that Security Deed from
JEFFERY ALAN DAVIS to
COMMUNITY BANK AND
TRUST, dated November 3,
2000, and recorded in Deed
Book 292, Page 215 (the
(Deed) Madison County,
Georgia Records, such Deed
being given to secure obliga
tions arising under: a Real
Estate Note dated November
3, 2000, made by Grantor in
the original principal amount
of $70,000.00 (the (Note(),
together with interest thereon
and other obligations as pro
vided in the Note and Deed
(collectively the (Debt), there
will be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse door at Madison
County, Georgia within the
legal hours of sale on the first
Tuesday in December, 2009 to
wit: December 1,2009, the fol
lowing described property:
All that tract or parcel of
land lying and being in the
262nd District, G.M., Madison
County, Georgia, and being
that 4.00 acres, more or less,
designated as Tract One on a
plat of survey recorded at Plat
Book 39, Page 97, Madison
County, Georgia Records.
Said plat is incorporated here
in and made a part hereof by
reference thereto for a more
complete description of the
property conveyed herein.
The Debt is declared immedi
ately due and payable because
of, inter alia, default in the pay
ment of the Debt in the man
ner required by the Notes and
Deed. The Sale will be made
for the purpose of paying the
Debt and all expenses of Sale,
including reasonable attorney
fee (notice of intention to col
lect attorney(s fees has been
given). The sale shall be sub
ject to all restrictions, liens,
easements and encumbranc
es of record, and all unpaid
taxes and assessments, if any,
having priority over the Deed.
To the undersigned(s knowl
edge, information and belief,
Grantor is in possession of but
does not occupy the property
which is known as 1373 A C
Carey Road, Danielsville, GA
30633.
Community Bank & Trust as
Attorney in Fact for Jeffrey
Alan Davis.
Vince Fitzgerald
629 Dawsonville Highway,
Suite 1500
Gainesville, Georgia 30501
(770) 718-5631
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
(NV5,12,19.26P4)
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
DAVID WILLOUGHBY and
JULIE WILLOUGHBY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated February 7, 2006,
in the amount of $114,400.00,
and recorded in Deed Book
889, Page 227, Madison
County, Georgia Records, as
last transferred to Mortgage
Electronic Registration
Systems, Inc. by assignment,
the undersigned, Mortgage
Electronic Registration
Systems, Inc. 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
lying and being in the 382nd
District, Madison County,
Georgia, being Lot 12, Block D,
Windsor Heights Subdivision,
as per plat thereof recorded
in Plat Book 23, Page 193,
Madison County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
which has the proper
ty address of 550 Bedford
Drive, Hull, Georgia, together
with all fixtures and other per
sonal 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
David Willoughby and Julie
Willoughby and the proceeds
of said sale will be applied to
the payment of said indebted
ness, the expense of said sale,
all as provided in said deed,
and the undersigned will exe
cute a deed to the purchaser
as provided in the aforemen
tioned Security Deed.
Mortgage Electronic
Registration Systems,
Inc. Attorney in Fact for
David Willoughby and Julie
Willoughby
Anthony DeMarlo, Attorney/
jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22339 /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
Because of a default in
the payment of principal and
interest on certain Promissory
Notes, (hereinafter the
“Notes”), said Notes being
secured by the real property
described in that certain Deed
to Secure Debt and Security
Agreement executed by RICH
WAY PROPERTIES, INC. to
OCONEE STATE BANK, dated
August 18, 2004, recorded in
Deed Book 722, Pages 179-
198, in the Office of the Clerk
of Superior Court of Madison
County, Georgia as modified
by Additional Loan Agreement
dated November 30, 2005, and
recorded in Deed Book 862,
Page 187, aforesaid Clerk’s
Office; as further modified by
Additional Loan Agreement
dated June 27, 2006, and
recorded in Deed Book 922,
Page 136, aforesaid Clerk’s
Office; as further modified by
Additional Loan Agreement
dated October 11, 2006, and
recorded in Deed Book 954,
Page 97, aforesaid Clerk’s
Office; and as further modi
fied by Cross-Collateralization
and Cross-Default Agreement
dated December 18, 2008
and recorded in Deed Book
1151, Page 224, aforesaid
Clerk’s Office; said default
having been more than thirty
(30) days and not having been
made good in accordance with
the terms and provisions of
said Deed to Secure Debt and
Security Agreement, OCONEE
STATE BANK, pursuant to
said Deed to Secure Debt and
Security Agreement, and the
Notes secured thereby, has
declared the entire amount of
the indebtedness secured by
said Deed to Secure Debt and
Security Agreement, due, pay
able, and collectible; and, pur
suant to the power of sale con
tained in said Deed to Secure
Debt and Security Agreement,
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
outcry to the highest bidder
for cash, a portion of the prop
erty described in said Deed to
Secure Debt, to wit:
All that tract or parcel of
land containing 124.05 acres,
more or less, together with all
improvements thereon, situ
ate, lying and being on the
northwesterly side of Georgia
Highway No. 8 (a/k/a U.S.
Highway No. 29) (80’ r/o/w),
and being more particularly
described as follows:
BEGINNING at a 1/2” rebar
iron pin situated on the north
westerly right of way line of
said Georgia Highway No. 8,
said pin being located north 26
degrees 40 minutes 34 sec
onds east 2403.72 feet from
the intersection of the center-
line of said Georgia Highway
No. 8 with the centerline of
Fortson Store-Glenn Cary
Road, thence leaving said right
of way line and running north
57 degrees 42 minutes 01
seconds west 532.82 feet to a
point; thence running north 20
degrees 29 minutes 26 sec
onds west 309.55 feet to a
1” iron pipe; thence running
north 62 degrees 02 minutes
26 seconds west 1368.91 feet
to a 5/8” solid rod; thence run
ning north 43 degrees 46 min
utes 31 seconds east 323.19
feet to a 5/8” solid rod; thence
running north 11 degrees 09
minutes 33 seconds west
552.98 feet to a 1/2” rebar iron
pin; thence running north 11
degrees 08 minutes 43 sec
onds west 610.07 feet to a 1”
iron pipe; thence running north
10 degrees 12 minutes 16
seconds east 233.22 feet to a
1/2” iron pipe; thence running
north 09 degrees 26 minutes
23 seconds east 235.46 feet
to an iron axle; thence running
north 67 degrees 16 minutes
25 seconds east 1000.45 feet
to a 1/2” iron pipe; thence
running south 34 degrees
47 minutes 35 seconds east
2495.30 feet to a point; thence
running south 34 degrees
47 minutes 35 seconds east
864.80 feet to a point located
on the northwesterly right of
way line of Georgia Highway
No. 8; thence running along
and with said right of way
line the following courses and
distances: south 61 degrees
20 minutes 06 seconds west
975.14 feet to a 1/2” rebar
iron pin; and thence an arc to
the left 364.42 feet, said arc
having a radius of 1472.70
feet and being subtended by a
chord distance of 363.49 feet
at south 54 degrees 18 min
utes 11 seconds west to a 1/2”
rebar iron pin, said iron pin
being the point of beginning.
The above property is shown
and described according to a
plat of survey entitled “Survey
Plat for Richway Properties,
Inc., Madison County, Georgia”
dated August 16, 2004, pre
pared by Armetrout, Roebuck,
Matheny Engineering &
Architectural Consultants, and
is hereby incorporated and
made a part hereof by this
reference.
The above described prop
erty is subject to (i) Protective
Covenants for Bryce Landing
Subdivision dated November
1, 2005 and recorded in Deed
Book 852, Pages 123-125
Madison County, Georgia
Records, as amended in Deed
Book 1018, page 206-230
aforesaid records; (ii) Water
Distribution Line and Sanitary
Sewer Line Right-of-Way
Easement dated September
27, 2006 and recorded in
Deed Book 949, Pages 218-
220 Madison County, Georgia
Records; and (iii) Covenant
Regarding Installation of
Underground Electrical Service
to a Residential Subdivision
dated October 12, 2005 and
recorded in Deed Book 895,
Pages 207-208 in Madison
County, Georgia Records.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated November 30,
2005 and recorded in Deed
Book 862, page 196, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc. to
Greenwood Builder Group,
Inc. by Warranty Deed dated
December 8, 2005, and
recorded in Deed Book 870,
page 185, said Clerk’s Office,
reference being hereby made
to said deed for a more com
plete description of the prop
erty herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006, and recorded in Deed
Book 950, page 115, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, page 125, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, page 135, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, page 145, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of land
being conveyed from Rich-Way
Properties, Inc. to Clarksboro
Builders, LLC by Warranty
Deed dated September 22,
2006 and recorded in Deed
Book 950, page 155, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all that
tract or parcel of land being
conveyed from Rich-Way
Properties, Inc. to Madison
County Industrial Development
and Building Authority by
Warranty Deed and Easement
dated December 8, 2006, and
recorded in Deed Book 972,
page 197, said Clerk’s Office,
reference being hereby made
to said deed for a more com
plete description of the prop
erty herein excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc. to
W.T.’S Home Builders, Inc. by
Warranty Deed dated April 25,
2007 and recorded in Deed
Book 1013, page 39, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
LESS AND EXCEPT all
those tracts or parcels of
land being conveyed from
Rich-Way Properties, Inc. to
Madison County Industrial
Development and Building
Authority by Warranty Deed
and Easement dated May 15,
2008, and recorded in Deed
Book 1112, page 169, said
Clerk’s Office, reference being
hereby made to said deed for
a more complete description of
the property herein excepted.
To the best of the under
signed’s information and belief
the street address for the
above described property is:
Bryce Landing Subdivision,
Hwy. 29, Madison County,
Georgia
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale
and the Deed to Secure Debt
containing said power.
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.
PursuanttoO.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 provid
ed until final confirmation and
audit of the status of the loan
as provided in the preceding
paragraph.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Oconee State Bank, P.O. Box
205, Watkinsville, Georgia
30677, (706) 769-6611.
However, the secured creditor
is not required to negotiate,
amend, or modify the terms of
the mortgage instrument.
Said property is being sold
as the property of RICHWAY-
PROPERTIES, INC. and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Security Deed
being foreclosed upon.
This 29th day of October,
2009.
OCONEE STATE BANK as
Attorney-in-fact for RICH-WAY
PROPERTIES, INC.
FORTSON, BENTLEY AND
GRIFFIN, PA.
2500 DANIELL’S BRIDGE
ROAD
BUILDING 200, SUITE 3A
ATHENS, GEORGIA 30606
(706) 548-1151
(NV5,12,19,26B/1034-17OP)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in the
payment of principal and inter
est on those certain Notes
(hereinafter the “Note”), said
Notes being secured by the
real property described in that
certain Deed to Secure Debt
executed by W.T.’S HOME
BUILDERS, INC., dated April
27, 2007, recorded in Deed
Book 1013, Pages 49-52,
in the Office of the Clerk of
Superior Court of Madison
County, Georgia; as modified
by Additional Loan Agreement
dated February 7, 2008, and
recorded in Deed Book 1089,
Page 143, aforesaid Clerk’s
Office; and as further modi
fied by Cross-Collateralization
and Cross-Default Agreement
dated December 18, 2008
and recorded in Deed Book
1151, Page 224, aforesaid
Clerk’s Office; said default
having been more than thirty
(30) days and not having been
made good in accordance with
the terms and provisions of
said Deed to Secure Debt,
OCONEE STATE BANK, pur
suant to said Deed to Secure
Debt, and the Notes secured
thereby, has declared the
entire amount of the indebted
ness secured by said Deed
to Secure Debt due, payable,
and collectible; and, pursuant
to the 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
outcry to the highest bidder for
cash, the property described
in said Deed to Secure Debt,
to wit:
All that lot, tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 382nd District,
G.M. of Madison County,
Georgia, being Lot 8, Block
A, Bryce Landing Subdivision,
and being particularly shown
and described according to a
plat or survey entitled “Final
Plat For: BRYCE LANDING
SUBDIVISION Madison
County, Georgia,” dated
September 21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
P. C., certified by Jerry Lee
McColery, Georgia Registered
Surveyor No. 1846, and being
recorded at Plat Slide B-150,
pages 1A-5A, in the Office of
the Clerk of Superior Court
of Madison County, Georgia,
which said plat and the record
thereof are by reference incor
porated herein for a more
complete description of the
property herein conveyed.
To the best of the under
signed’s information and belief,
the address of the property
is: Lot 8A, Bryce Landing,
Madison County, Georgia
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale and
the Deed to Secure Debt and
Security Agreement containing
said power.
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.
PursuanttoO.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 provid
ed until final confirmation and
audit of the status of the loan
as provided in the preceding
paragraph.
The entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Oconee State Bank, P.O. Box
205, Watkinsville, Georgia
30677, (706) 769-6611.
However, the secured creditor
is not required to negotiate,
amend, or modify the terms of
the mortgage instrument.
Said property is being sold
as the property of W.T.’S
HOME BUILDERS, INC., and
subject to all unpaid taxes,
assessments and/or matters
of record, if any, which are
superior to the Deed to Secure
Debt being foreclosed upon.
This 29th day of October,
2009.
OCONEE STATE BANK
as Attorney-in-fact for W.T.’S
HOME BUILDERS, INC.
FORTSON, BENTLEY AND
GRIFFIN, PA.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(706) 548-1151
(NV5,12,19,26B/1034-70P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of a default in
the payment of principal and
interest on that certain Notes
(hereinafter the “Notes”), said
Notes being secured by the
real property described in that
certain Deed to Secure Debt
executed by W.T.’S HOME
BUILDERS, INC., dated April
25, 2007, recorded in Deed
Book 1013, Pages 53-56,
in the Office of the Clerk of
Superior Court of Madison
County, Georgia; as modified
by Additional Loan Agreement
dated February 7, 2008, and
recorded in Deed Book 1089,
Page 144, aforesaid Clerk’s
Office; and as further modi
fied by Cross-Collateralization
and Cross-Default Agreement
dated December 18, 2008
and recorded in Deed Book
1151, Page 224, aforesaid
Clerk’s Office; said default
having been more than thirty
(30) days and not having been
made good in accordance with
the terms and provisions of
said Deed to Secure Debt,
OCONEE STATE BANK, pur
suant to said Deed to Secure
Debt, and the Notes secured
thereby, has declared the
entire amount of the indebted
ness secured by said Deed
to Secure Debt due, payable,
and collectible; and, pursuant
to the 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
outcry to the highest bidder for
cash, the property described
in said Deed to Secure Debt,
to wit:
All that lot, tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 382nd District,
G.M. of Madison County,
Georgia, being Lot 9, Block
A, Bryce Landing Subdivision,
and being particularly shown
and described according to a
plat or survey entitled “Final
Plat For: BRYCE LANDING
SUBDIVISION Madison
County, Georgia,” dated
September 21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
P. C., certified by Jerry Lee
McColery, Georgia Registered
Surveyor No. 1846, and being
recorded at Plat Slide B-150,
pages 1A-5A, in the Office of
the Clerk of Superior Court
of Madison County, Georgia,
which said plat and the record
thereof are by reference incor
porated herein for a more
complete description of the
property herein conveyed.
To the best of the under
signed’s information and belief,
the address of the property
is: Lot 9A, Bryce Landing,
Madison County, Georgia
Said property will be sold, a
deed executed by the under
signed to purchaser and the
proceeds of sale applied by
the undersigned, all as pro
vided in said power of sale and
the Deed to Secure Debt and
Security Agreement containing
said power.
The sale will be conducted
continued on following page