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PAGE 4B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. DECEMBER 10. 2009
Public Notices
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by JAMES
HARRISON BOYD and
TAMMY PHILLIPS BOYD to
BENEFICIAL MORTGAGE
CO. OF GEORGIA, dated
February 4, 2005, in the
amount of $92,699.03, and
recorded in Deed Book 771,
Page 24, Madison County,
Georgia Records, as last
transferred to Beneficial
Mortgage Co. of Georgia by
assignment, the undersigned,
Beneficial Mortgage Co. of
Georgia 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 January,
2010, 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
438th District, G.M., Madison
County, Georgia, and being
that 9.44 acres, more or
less, designated as Tract
2 on a plat of survey pre
pared for Gary Appleby and
Allen Appleby by H.L. Pittard,
Registered Surveyor, dated
April 24, 1987, recorded in
Plat Book 28, Page 255, in
the Office of the Clerk of the
Superior Court at Madison
County, Georgia, and incor
porated herein and made a
part hereof by reference for a
more detailed description.
Less and Except: That 2.31
acres more particularly shown
on plat of survey recorded
at Plat Book 29, Page 311,
Madison County, Georgia
records. Tax Map or Parcel
ID No.: 64-24
which has the property
address of 629 Hwy. 191,
Danielsville, 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 James
Harrison Boyd and Tammy
Phillips Boyd and the pro
ceeds 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 under
signed will execute a deed to
the purchaser as provided in
the aforementioned Security
Deed.
Beneficial Mortgage Co. of
Georgia Attorney in Fact for
James Harrison Boyd and
Tammy Phillips Boyd
Anthony DeMarlo, Attorney/
efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-26181 /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.
(DC10,17,24,31 B/1325-50)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by JOHNNY
M. WETHERFORD aka
JOHNNY WETHERFORD to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December
1, 2008, in the amount of
$196,000.00, and recorded
in Deed Book 1150, Page
1, Madison County, Georgia
Records, as last transferred
to Ocwen Loan Servicing,
LLC by assignment, the
undersigned, Ocwen Loan
Servicing, LLC pursuant to
said deed and the note there
by 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 January,
2010, 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:
Tract One:
All that tract or parcel of
land with improvements
thereon, lying and being in
the 382nd District, Madison
County, in the City of Colbert,
Georgia, containing 1.552
acres, more or less and being
known and designated as
Lot No. 14 of Crystal 1.552
acres, more or less and being
known and designated as
Lot No. 14 of Crystal River
Subdivision , and being more
particularly described in a plat
of survey prepared by Ray
N. Woods, Registered Land
Surveyor, dated August 21,
1987 recorded in Plat Book
24, Page 497, in the Office of
the Clerk of Superior Court,
Madison County, Georgia,
which said plat and legal
description thereon are incor
porated herein by reference
thereto.
Tract Two:
All that tract or parcel of land
with improvements thereon,
lying and being in the 382nd
G.M. District, Madison County,
in the City of Colbert, Georgia
containing 0.91 acres, more
or less, and being known and
designated as Lot No. 13-A,
Crystal Creek Subdivision,
and being more particularly
described in a plat of survey
prepared by R.B. Flournoy,
Registered Land Surveyor
dated February 12, 1998
recorded in Plat Book 35,
Page 330, in the Office of the
Clerk of the Superior Court,
Madison County, Georgia,
which plat and legal descrip
tion thereon are incorporated
herein by reference thereto.
which has the property
address of 108 Crystal Creek
Drive, 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 Johnny
M. Wetherford aka Johnny
Wetherford 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.
Ocwen Loan Servicing, LLC
Attorney in Fact for Johnny
M. Wetherford aka Johnny
Wetherford
Anthony DeMarlo, Attorney/
jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-26762 /FHLMC
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.
(DC10,17,24,31 B/1325-60)
Gpn12
Legal Notice
Advertisement
of Judicial Sale
Georgia, Madison County.
Pursuant to the Judgment
issued by the Superior Court
of Madison County, Georgia in
Civil Action No. 09-MV-036-J,
by an Amended Interlocutory
Orderand an OrderAppointing
Receiver, both issued by said
Court on October, 22, 2009 in
Civil Action No. 09-MV-979-J,
there will be sold at public
outcry to the highest and best
bidder for cash, between the
legal hours of sale before the
Courthouse door in Madison
County, Georgia, on the first
Tuesday in January, 2010,
the following described prop
erty, to wit:
FIRST:
All that tract or parcel of land
containing 0.34 of an acre,
more or less, lying and being
in the 204th District G.M. of
Madison County, Georgia,
and particularly described as
follows:
BEGINNING at a pin set
at the land corner of lands
of Madison County, Georgia,
and lands of Charles E.
Adams, which pin is located
south 86 degrees 22 min
utes 45 seconds west 252.86
feet from a pin set on the
southeasterly right of way
line of U.S. Highway No. 29
as measured along the com
mon property line of Madison
County, Georgia, and Charles
E. Adams; and running thence
north 86 degrees 22 minutes
45 seconds east 79.24 feet
to a pin; thence north 00
degrees 09 minutes 00 sec
onds west 106.56 feet to a
pin; thence south 69 degrees
30 minutes 15 seconds east
125.94 feet to a pin; thence
south 31 degrees 01 min
utes 30 seconds west 157.65
feet to a pin; thence north
59 degrees 39 minutes 15
seconds west 133.85 feet to
corner of beginning;
Said tract of land is par
ticularly shown and delin
eated on a plat prepared by
James M. Paul, Registered
Surveyor, dated October 7,
1983, recorded in Plat Book
20, Page 528, Madison
County Records, which plat
and record are by reference
incorporated herein;
Together with an easement
of ingress, egress and utilities
over, across, and through the
property of Miller and Haley,
which easement is particu
larly described as follows:
Beginning at a pin set on
the southeasterly right of way
line of U.S. Highway No. 29
at the land corner of lands
of Madison County, Georgia,
which pin is located 0.2 of a
mile northeasterly from GA
Highway No. 98; and running
thence south 57 degrees 22
minutes east 217.72 feet to a
pin; thence south 69 degrees
30 minutes 15 seconds east
30 feet to a point; thence
north 29 degrees 13 minutes
00 seconds east 30 feet to a
point; thence north 69 degrees
30 minutes 15 seconds west
30 feet to a point; thence
north 57 degrees 22 minutes
west 217.72 feet to a point
on the southeasterly right of
way line of U.S. Highway No.
29; thence along the south
easterly right of way line of
U.S. Highway No. 29 south
32 degrees 38 minutes west
30 feet to the corner of begin
ning.
SECOND:
All that tract or parcel of land
containing 0.04 of an acre,
more or less, lying and being
in the 204th District G.M. of
Madison County, Georgia,
and particularly described as
follows:
BEGINNING at a pin set
at the land corner of lands
of Madison County, Georgia,
Adams and Brooks and
Miller, which pin is located
south 31 degrees 01 min
utes 30 seconds west 157.65
feet from an iron pin found
as measured along the com
mon property line of lands
of Madison County, Georgia,
and Miller; and running
thence south 31 degrees 01
minutes 30 seconds west
133.85 feet to a point; thence
north 31 degrees 01 minutes
30 seconds east 12 feet to a
pin; thence south 59 degrees
39 minutes 15 seconds east
133.85 feet to the corner of
beginning.
Being cut from that 1.222
acre tract recorded in Plat
Book 19, Page 575, Madison
County Records and being
located immediately adjacent
to and on the southwesterly
side of that certain 0.34 of
an acre tract recorded in Plat
Book 20, Page 528, Madison
County Records which plats
are by reference incorporated
herein;
Together with an easement
for a sewer line over, across,
and through that property
described in Deed Book D-7,
Page 487, Madison County
Records, which deed and
description are by reference
incorporated herein.
Said property found in the
possession of JESSICA L.
MILLER DAVIS, levied on to
satisfy the fi. fa. in favor of
LANE FITZPATRICK against
Jessica L. Miller Davis issued
in the Superior Court of
Madison County, Georgia in
Civil Action No. 09-MV-036-J,
levied on as the property of
defendant in fi. fa., notice of
levy and sale having been
given the defendant in fi. fa.
The proceeds from the
sale will be first be used to
pay off the Deed to Secure
Debt from Doris A. Miller to
Merchants & Farmers Bank
dated October 7, 2003,
recorded in Deed Book 636,
pages 76-79; Additional Loan
Agreement dated November
3, 2003, recorded in Deed
Book 658, Page 1; Additional
Loan Agreement dated July 3,
2004, recorded in Deed Book
714, Page 136, all Madison
County Clerk of Superior
Court records. Second, the
proceeds of sale will be used
to pay off the fi. fa. described
above. All remaining pro
ceeds will be paid into the
registry of the court pursuant
to the Amended Interlocutory
Order and Order Appointing
Receiver, both issued by the
Superior Court of Madison
County on October 22, 2009
in Civil Action No. 09-MV-979
referred to above, for distri
bution by further order of the
court.
This 3rd day of December,
2009.
Kip Thomas, Sheriff
Madison County, Georgia
R. Chris Phelps
Georgia State Bar No.
575275
Receiver Appointed by the
Superior Court of Madison
County, Georgia
(DC10,17,24,31B/12830-100)
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 con
tained in a Security Deed
given by CHRISTOPHER L.
BARKSDALE and VALERIE
BARKSDALE to PRIMARY
CAPITAL ADVISORS LC,
dated September 24, 2002,
recorded in Deed Book 0501,
Page 203, Madison County,
Georgia Records, as last
transferred to Wells Fargo
Bank, NA by assignment to
be recorded in the Office of
the Clerk of Superior Court
of Madison County, Georgia
Records, conveying the after-
described property to secure
a Note in the original princi
pal amount of FORTY-EIGHT
THOUSAND AND 0/100
DOLLARS ($48,000.00), 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 January, 2010,
the following described prop
erty:
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 matters which might be
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 Christopher
L. Barksdale and Valerie
Barksdale or a tenant or
tenants and said property is
more commonly known as
720 Paoli Road, Carlton,
Georgia 30627.
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
Christopher L. Barksdale and
Valerie Barksdale
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 1/5/10
Our file no. 53508709-FT7
EXHIBIT “A”
All that tract or parcel of
land, lying being and situate
in the 1467th District, G.M.,
Madison County, Georgia,
containing 3.33 acres, more or
less, being Lot 6 of Deerwood
Estates Subdivision, as more
particularly described on that
plat of survey entitled “Final
Plat of Deerwood Estates”,
dated October 11, 1996, pre
pared by Sherald G. Sharp,
Registered Land Surveyor,
of record in Plat Book 32,
Page 181, in the Office of the
Clerk of the Superior Court,
Madison County, Georgia,
reference being made thereto
for a more particular descrip
tion.
Also conveyed herewith
is one (1) 1985 Rane Utility
Doublewide Mobile Home
bearing Manufacturer’s ID
Numbers RLD5082NCA
and RLD5082NCB, which is
attached and permanently
affixed to the above described
property.
The residence situate on
the above described tract of
land is known and designated
as 720 Paoli Road, according
to the present system of num
bering residences in Madison
County, Georgia.
(DC10,17,24,31 B/12062-70T1P)
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 con
tained in a Security Deed
given by TONY G. MARTIN
and CANDY M. MARTIN to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December 2,
2004, recorded in Deed
Book 759, Page 10, Madison
County, Georgia Records,
as last transferred to Wells
Fargo Bank, NA by assign
ment recorded in Deed Book
1205, Page 86, Madison
County, Georgia Records,
conveying the after-described
property to secure a Note
in the original principal
amount of ONE HUNDRED
FIFTEEN THOUSAND
FOUR HUNDRED SIXTY-
FOUR AND 0/100 DOLLARS
($115,464.00), with interest
thereon as set forth therein,
there will be sold at pub
lic 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 January, 2010,
the following described prop
erty:
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 matters which might be
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 Tony G. Martin
and Candy M. Martin or a
tenant or tenants and said
property is more commonly
known as 288 Hickory Hills
Road, Danielsville, Georgia
30633.
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 Tony G.
Martin and Candy M. Martin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 1/5/10
Our file no. 52025709-FT7
EXHIBIT “A”
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
438th G.M.D., Madison
County, Georgia, contain
ing 2.00 acres, more or less
being known and designated
as Lot 2, as shown on a plat
of survey entitled “Survey &
Plat for: Pat Cronic & Derek
Cronic”, dated June 7, 2004,
prepared by F. & M Land
Surveyors, F.B. Flournoy,
Registered Land Surveyor,
said plat being recorded in
Plat Book B-122, Pages 8B in
the Office of the Clerk of the
Superior Court of Madison
County, Georgia, and being
incorporated herein by refer
ence for a more particular
description.
There is a fence encroach
ment across the rear of the
property as shown on the
above referenced plat.
(DC10,17,24,31 B/12062-70T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by JOYCE
WALLS to THE CIT GROUP/
CONSUMERFINANCE, INC.,
dated September 20, 2002,
and recorded in Deed Book
498, Page 108, Madison
County Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to The Bank of
New York Mellon (fka The
Bank of New York) on behalf
of CIT Home Equity Loan
Trust 2003-1, by Assignment
securing a Note in the origi
nal principal amount of
$58,500.00, the holder there
of pursuant to said Deed and
Note thereby secured has
declared the entire amount
of said indebtedness due and
payable and, pursuant to the
power of sale contained in
said Deed, will on the first
Tuesday, January 5, 2010,
during the legal hours of sale,
before the Courthouse door in
said County, sell at public out
cry 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 438th District, G.M., of
Madison County, Georgia
about eight (8) miles North
of Danielsville on the West
side of the State Highway
No. 8 between Danielsville
and Royston, adjoining said
highway on the East; lands
of Hoyt Teate on the South;
lands of R.J. McEwen on
the West; and other lands of
B.F. Anthony on the North,
and enclosed in the follow
ing lines: BEGINNING at an
iron pin on the edge of the
right of way of said road, with
is also the corner of Hoyt
continued on following page