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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