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PAGE 4B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. NOVEMBER 26. 2009
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
property:
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 pos
sible events of default, failure
to pay the indebtedness as
and when due and in the
manner provided 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 pro
vided in Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having 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 confir
mation 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
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.
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 here
in for a more complete and
detailed description. 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 out
cry 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 follow
ing 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 incorporated 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 pos
sible events of default, failure
to pay the indebtedness as
and when due and in the
manner provided 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 pro
vided in Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having 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 confir
mation 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 out
cry 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 follow
ing described property:
TRACT ONE:
All That Tract or Parcel
of Land, together with all
improvements thereon,
lying and being in the 205th
District, G.M. of Madison
County, Georgia, containing
49.183 acres, more or less,
lying on the northerly 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, recorded at Plat
Book B-72, Page 2, Madison
County, Georgia Records;
said plat and the recording
thereof are incorporated here
in by reference as a part of
this description.
TRACT TWO:
All That Tract or Parcel
of Land, together with all
improvements 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 pos
sible events of default, failure
to pay the indebtedness as
and when due and in the
manner provided 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 pro
vided in Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having 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 confir
mation 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,
conveying the after-described
property to which secures a
Note dated November 29,
2004, in the original principal
amount of $691,723.83, 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 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
incorporated herein by refer
ence as a part of this descrip
tion.
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 incorpo
rated 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 pos
sible events of default, failure
to pay the indebtedness as
and when due and in the
manner provided 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 pro
vided in Security Deed and
by law, including attorney’s
fees (notice of intent to collect
attorney’s fees having 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 confir
mation 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; conveying
the after described proper
ty 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
improvements thereon, situ
ate, lying and being in the
382nd District, G.M., Madison
County, Georgia, being shown
and designated as 5.470
acres on a plat of survey enti
tled “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 sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants or restrictions, liens,
and other superior matters of
record which may affect said
property.
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 confir
mation 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 indebted
ness, the expenses of said
sale, all as provided in said
deed, and the undersigned
will execute a deed to the
purchaser as provided 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 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 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 desig
nated 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 sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants or restrictions, liens,
and other superior matters of
record which may affect said
property.
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 confir
mation 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),
continued on following page