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PAGE 4B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. DECEMBER 31.2009
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 trans
ferred to Beneficial Mortgage
Co. of Georgia by assignment,
the undersigned, Beneficial
Mortgage Co. of Georgia pur
suant to said deed and the
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
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 prepared 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 incorporated herein and
made a part hereof by ref
erence 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, togeth
er with all fixtures and other
personal property conveyed
by said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
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 confirmation 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 proceeds of said sale
will be applied to the pay
ment 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.
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 record
ed 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 incorporated here
in 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 subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, protective covenants
or restrictions, liens, and other
superior matters of record
which may affect said prop
erty.
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 confirmation 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 indebted
ness, the expense of said sale,
all as provided in said deed,
and the undersigned will exe
cute a deed to the purchaser
as provided in the aforemen
tioned 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
Order and an Order Appointing
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 property,
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 fol
lows:
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 minutes 45 sec
onds west 252.86 feet from
a pin set on the southeast
erly right of way line of U.S.
Highway No. 29 as measured
along the common prop
erty 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 seconds 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 minutes 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 delineated
on a plat prepared by James
M. Paul, Registered Surveyor,
dated October 7,1983, record
ed 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 particularly
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 north
easterly 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 southeast
erly right of way line of U.S.
Highway No. 29; thence along
the southeasterly right of way
line of U.S. Highway No. 29
south 32 degrees 38 minutes
west 30 feet to the corner of
beginning.
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 fol
lows:
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 minutes 30 sec
onds west 157.65 feet from an
iron pin found as measured
along the common proper
ty line of lands of Madison
County, Georgia, and Miller;
and running thence south 31
degrees 01 minutes 30 sec
onds 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
(DC10,17,24,31 B/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 trans
ferred to Wells Fargo Home
Mortgage, Inc. 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 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 possible
events of default, failure to pay
the indebtedness as and when
due and in the manner pro
vided 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 provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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 prop
erty 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 confirmation and
audit of the status of the loan
with the holder of the security
deed.
Wells Fargo Bank, NA sbm
Wells Fargo Home Mortgage,
Inc. 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 203 GMD, Madison
County, Georgia, contain
ing 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 description.
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
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/
CONSUMER FINANCE, 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 secur
ing a Note in the original prin
cipal amount of $58,500.00,
the holder thereof pursuant
to said Deed and 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, January 5,
2010, during the legal hours
of sale, before the Courthouse
door in said 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., 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
following lines: BEGINNING
at an iron pin on the edge of
the right of way of said road,
with is also the corner of Hoyt
Teate property, and running
thence in a Westerly direction
along said Teate line 180 feet
to an iron pin; thence along the
line of McEwen in a Northerly
direction 70 feet to an iron pin;
thence in an Easterly direction
142 feet to said State Highway
No. 8; thence in Southerly
direction along the edge of
right of way of said highway
120 feet to the beginning cor
ner. Located on the property
is a five (5) room dwelling and
a small garage. This property
is subject to all easements;
set backs; rights of way; zon
ing laws; covenants, building
codes and all restrictions of
record, if any
Said property is known
as 7575 Highway 29 N,
Danielsville, GA 30633,
together with all fixtures and
personal property attached to
and constituting a part of said
property, if any.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, whether or
not now due and payable),
the right of redemption of any
taxing authority, any matters
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 sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorney’s
fees in accordance with the
terms of the Note secured by
said Deed.
Said property will be sold as
the property of Joyce Walls,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being
presently in the possession of
Joyce Walls, and the proceeds
of said sale will be applied to
the payment of said indebted
ness and all the expenses of
said sale, including attorney’s
fees, all as provided in said
Deed, and the balance, if any,
will be distributed as provided
by law.
The Bank of New York
Mellon (fka The Bank of New
York) on behalf of CIT Home
Equity Loan Trust 2003-1 as
Attorney-in-Fact for Joyce
Walls
File no. 09-019195
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100_Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS
ACTING AS A DEBT COL
LECTOR. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
[FC-NOS]
(DC10,17,24,31 B/1323-70T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
State of Georgia
County of Madison
Pursuant to a power of
sale contained in a certain
security deed executed by
JENNIFER GUYTON, herein
after referred to as Grantor, to
FIRST NATIONAL BANK AND
TRUST COMPANY recorded
in Deed Book 652, beginning
at Page 23 and re-recorded
at Deed Book 730, Page 166,
of the deed records of the
Clerk of the Superior Court of
the aforesaid state and coun
ty, and by virtue of a default
in the payment of the debt
secured by said security deed,
the undersigned attorney-in-
fact for the aforesaid Grantor
(which attorney-in-fact is the
present holder of said security
deed and note secured there
by) will sell before the door of
the courthouse in said county
within the legal hours of sale,
for cash, to the highest bidder
on the first Tuesday in January,
2010, the property which, as
of the time of the execution
of said security deed, was
described as set forth in the
attached Exhibit “A”. Said sale
will be made subject to the
following items which may
affect the title to said prop
erty: All restrictive covenants,
easements and rights-of-way
appearing of record, if any;
all zoning ordinances; mat
ters which would be disclosed
by an accurate survey or by
an inspection of the property;
all outstanding and/or unpaid
taxes which may be liens upon
the property; all outstanding or
unpaid bills and assessments
for street improvements, curb
ing, garbage, water, sewage
and public utilities which may
be liens upon said property.
State Home Mortgage is the
entity with authority to negoti
ate, amend and modify the
terms of the Note and Security
Deed. State Home Mortgage’s
address is P.O. Box 133049,
Atlanta, GA 30333. State
Home Mortgage may be con
tacted by telephone at 404-
679-0574. To the best of the
undersigned’s knowledge and
belief, the party in possession
of the property is believed to be
Cody Evan Guyton and/or The
Estate of Jennifer Guyton.
Georgia Housing and
Finance Authority, As
Transferee and Assignee, as
attorney-in-fact for the afore
said Grantor
Raymond S. Martin
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. AND ANY INFOR
MATION OBTAINED WILL
BE USED FOR THAT PUR
POSE.
Re: Jennifer Guyton and/or
continued on following page