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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