Newspaper Page Text
PAGE 6B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. NOVEMBER 26. 2009
Public Notices Continued
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
PowerofSale 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
improvements thereon, con
taining 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 southwest
erly side of County Road No.
398, and being more particu
larly shown and delineated
on a plat entitled “Survey for:
Nathan Daniel Carey,” pre
pared by James M. Paul,
Registered Surveyor, dated
December 29, 1995, record
ed in Plat Book 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
improvements thereon, con
taining 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 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 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
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 highest
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
following 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 imme
diately due and payable
because of, inter alia, default
in the payment of the Debt
in the manner required by
the Notes and Deed. The
Sale will be made for the pur
pose of paying the Debt and
all expenses of Sale, includ
ing reasonable attorney fee
(notice of intention to collect
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
knowledge, information and
belief, Grantor is in posses
sion 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 there
of recorded in Plat Book 23,
Page 193, Madison County,
Georgia Records, which
recorded plat is incorporated
herein by reference and made
a part of this description.
which has the property
address of 550 Bedford
Drive, Hull, Georgia, togeth
er with all fixtures and other
personal property conveyed
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
David Willoughby and Julie
Willoughby and the proceeds
of said sale will be applied to
the payment of said indebt
edness, the expense 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.
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, payable, and collectible;
and, pursuant to the power of
sale contained 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 property 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,
situate, 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
seconds east 2403.72 feet
from the intersection of the
centerline of said Georgia
Highway No. 8 with the cen
terline of Fortson Store-Glenn
Cary Road, thence leaving
said right of way line and run
ning north 57 degrees 42 min
utes 01 seconds west 532.82
feet to a point; thence running
north 20 degrees 29 minutes
26 seconds west 309.55 feet
to a 1” iron pipe; thence run
ning north 62 degrees 02
minutes 26 seconds west
1368.91 feet to a 5/8” solid
rod; thence running north 43
degrees 46 minutes 31 sec
onds 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 seconds west
610.07 feet to a 1” iron pipe;
thence running north 10
degrees 12 minutes 16 sec
onds 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 accord
ing to a plat of survey enti
tled “Survey Plat for Richway
Properties, Inc., Madison
County, Georgia” dated
August 16, 2004, prepared 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 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
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 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 125, 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 135, 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 145, 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 155, 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 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 descrip
tion 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 descrip
tion 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.
Pursuant to O.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 provided until final con
firmation and audit of the sta
tus 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, togetherwith 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
September21,2005, prepared
by Armentrout, Roebuck,
Matheny Consulting Group,
PC., 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 con
taining 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.
Pursuant to O.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 provided until final con
firmation and audit of the sta
tus 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/1034-7OP)
Buckle Up!
It’s the Law.
continued on following page