Newspaper Page Text
THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. NOVEMBER 26. 2009 - PAGE 5B
Public Notices Continued
with interest thereon as set
forth therein (as modified and
renewed, the “Note”), there
will be sold at public outcry
to the highest bidder for cash
before the Courthouse door
of Madison County, Georgia,
within the legal hours of
sale on the first Tuesday in
December 2009, the following
described property:
All that tract or parcel
of land lying and being in
the 591st G.M., District of
Madison County, Georgia,
and the 1113th G.M., District
of Hart County, Georgia,
CONTAINING 47.18 acres,
more or less, bounded on the
north by lends of E.W. Smith
and Carse Pullem, on the east
by lands of J.V. Duncan, on
the south by lands of Evans,
and on the west by public road
and lands of E.W. Smith, and
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 survey 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 refer
ence 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 assign
ments or reports furnished to
Secured Party from time to
time, whether the same are
now existing or are created
or acquired at any time here
after; any liens which Debtor
may hold for the payment of
any of the foregoing, any and
all guarantees and securities
which Debtor may hold for
the payment of any of the
foregoing; and all proceeds
thereof (all of the foregoing
hereinafter collectively 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
furnished, all raw materials,
work in process and finished
goods, all supplies tad mate
rials 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
proceeds end products
of Accounts, Inventory,
Equipment, Farm Products,
including, without limitation,
accounts, inventory, equip
ment, the proceeds of insur
ance 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) AII income, rents, issues,
and profits and revenues of
the Premises from time to
time accruing (including with
out limitation all payments
under leases or tenancies,
proceeds of insurance, con
demnation payments, tenant
security deposits whether
held by Grantor or in a trust
account, and escrow funds),
and all the estate, right, title,
interest, property, possession,
claim and demand whatso
ever 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property,
zoning ordinances, restric
tions, covenants, and ease
ments against the property, if
any. The sale will be conduct
ed as set forth herein sub
ject to (1) confirmation 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 par
cel 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 591st 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 Salellnder Power
in Security Deed
State of Georgia
County of Madison
On April 12,
2006, SEAGRAVES
MANAGEMENT, INC. exe
cuted 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
improvements thereon, con
taining 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 here
in;
TRACT TWO:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 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 here
in;
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 author
ity to negotiate, amend and
modify all terms of the mort
gage 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 secur
ing a Note in the original prin
cipal amount of $188,800.00;
last transferred 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 fol
lowing property 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 here
to incorporated herein for a
more complete 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
payable or not yet due and
payable.
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,
addressand 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
notwithstanding, nothing in
O.C.G.A. § 44-14-162.2 shall
be construed to require BAC
Home Loans Servicing, LP, as
servicer 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
improvements thereon, con
taining 39 acres, more or
less, lying and being in the
204th District, G. M., Madison
County, Georgia, on the west
erly 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 separating 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 northwest 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, record
ed 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 improve
ments 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 incorporated 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 author
ity to negotiate, amend and
modify all terms of the mort
gage 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
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 recorded
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 improve
ments thereon, containing
8.557 acres, more or less,
situate, lying and being in the
262nd District, G.M., Madison
County, Georgia, and being
more particularly 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 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 author
ity to negotiate, amend and
modify all terms of the mort
gage 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)
continued on following page