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PAGE 8B - THE MADISON COUNTY (GA1 JOURNAL. THURSDAY. DECEMBER 31.2009
Public Notices Continued
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 author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Bank
of America, 177 Countrywide
Way, Mail Stop: CAO-911-01-
05, Lancaster, CA93536, (661)
951-5722. 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 Richard L. Scarbrough
and Marie N. Scarbrough or
a tenant or tenants and said
property is more commonly
known as 1099 A.C. Carey
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 confirmation and
audit of the status of the loan
with the holder of the security
deed.
BAC Home Loans Servicing,
LP fka Countrywide Home
Loans Servicing LP
as Attorney in Fact for
Richard L. Scarbrough and
Marie N. Scarbrough
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mmO 1/5/10
Our file no. 53202009-FT11
EXHIBIT “A”
All that tract or parcel of
land, together will all improve
ments thereon, containing
5.221 acres, more or less,
situate, lying and being in
the 262nd G.M.D., Madison
County, Georgia, being known
and designated as Tract 1 as
more particularly described
on a plat of survey entitled
"Survey for Chad Lowery”, by
Paul & Evans, Thomas R. Paul,
Registered Land Surveyor,
dated November 29, 2001,
and recorded in Plat Book
B-83, Page 2 in the Office of
the Clerk of the Superior Court
of Madison County, Georgia,
said plat being incorporated
herein by reference for a more
particular description.
(DC10,17,24,31 B/12062-7-T1P)
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
JERMAINE TERRELL and
MONICA TERRELL to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December
22, 2005, in the amount of
$132,000.00, and recorded in
Deed Book 876, Page 240,
Madison County, Georgia
Records, as last transferred
to HSBC Mortgage Services,
Inc. by assignment, the under
signed, HSBC Mortgage
Services, 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 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 lot or parcels of land,
with improvements thereon,
situate, lying and being in
the 382nd District, G.M. of
Madison County, Georgia, and
being separately shown and
designated as Tract 6 contain
ing 2.755 acres, more or less,
on a plat of subdivision enti
tled Final Subdivision Plat for
Little Creek Subdivision, pre
pared by Woods & Chastain
Land Surveyors Inc., Ray N.
Woods, Registered Surveyor,
dated July 31, 2001, record
ed in Plat Book B-71, Page
8, Office of the Clerk of the
Superior Court of Madison
County, Georgia, which plat
and record are by reference
incorporated herein.
which has the property
address of 928 Charles Hart
Road, 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 Jermaine
Terrell and Monica Terrell and
the proceeds 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 undersigned will execute a
deed to the purchaser as pro
vided in the aforementioned
Security Deed.
HSBC Mortgage Services,
Inc. Attorney in Fact for
Jermaine Terrell and Monica
Terrell
Anthony DeMarlo, Attorney/
efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-04073 /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
State of Georgia
County of Madison
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by WILLIAM KENT
MILLER and SHERRY J.
MILLER to NATIONAL CITY
MORTGAGE, dated October
31, 2006, and recorded in
Deed Book 970, Page 212,
Madison County Records, said
Security Deed having been
last sold, assigned, trans
ferred and conveyed to U.S.
Bank National Association, as
Trustee for SASCO Mortgage
Pass-Through Certificates,
Series 2007-BC3, by
Assignment securing a Note
in the original principal amount
of $201,468.00, the holder
thereof 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
outcry to the highest bidder for
cash, the property described
in said Deed, to-wit:
All that tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 382nd G.M.
District, Madison County,
Georgia, being Lot 13, Block
B in Bryce Landing, as per plat
thereof recorded in Plat Book
B150, Page 004A, Madison
County, Georgia Records,
which recorded plat is incorpo
rated herein by reference and
made a part of this descrip
tion.
Said property is known as
1013 Kimberly Circle, Hull,
GA 30646, 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 William Kent
Miller and Sherry J. Miller, the
property, to the best informa
tion, knowledge and belief of
the undersigned, being pres
ently in the possession of
William Kent Miller and Sherry
J. Miller, and the proceeds of
said sale will be applied to the
payment of said indebtedness
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.
U.S. Bank National
Association, as Trustee for
SASCO Mortgage Pass-
Through Certificates, Series
2007-BC3 as Attorney-in-Fact
for William Kent Miller and
Sherry J. Miller
File no. 08-005889
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/RS
www. s we rtf e ger.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/1323-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by ROGER BRYANT
and VIVIAN J. BRYANT to
MORTGAGE LENDERS
NETWORK USA, INC., dated
July 26, 1999, and recorded
in Deed Book 0211, Page 48,
Madison County Records,
said Security Deed having
been last sold, assigned,
transferred and conveyed to
Wells Fargo Bank, NA, by
Assignment, securing a Note
in the original principal amount
of $67,200.00, the holder
thereof 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
outcry to the highest bidder for
cash, the property described
in said Deed, to-wit:
ALL that tract or parcel
of land lying end being in
the 591st GMD of Madison
County, Georgia, contain
ing 3.06 acres, more or less,
said tract lying to the east of
County Road No. 31 known
as the Cheek-Brown Road.
Said tract is bounded now or
formerly as follows: on the
north by lands of Fletcher, on
the east by lands of Chandler
Ray; on the south by lands of
Bryant; on the west by right of
way of Cheek-Brown Road.
Said lands bring more par
ticularly described in a plat
of survey dated February 19,
1993, prepared by Bartlett
&Cash Land Surveyors, Inc.,
recorded in Plat Book 29,
page 88, Madison County
Public Records. Said plat and
the recordation thereof are by
reference incorporated herein
and made a part of this legal
description.
LESS AND EXCEPT: Right
of way for public roads and
public utilities.
Said property is known as
1278 Cheek Pulliam Road,
Royston, GA 30662, together
with all fixtures and personal
property attached to and con
stituting a part of said prop
erty, 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 Roger Bryant
and Vivian J. Bryant, the prop
erty, to the best information,
knowledge and belief of the
undersigned, being presently
in the possession of Roger
Bryant and Vivian J. Bryant,
and the proceeds of said sale
will be applied to the payment
of said indebtedness and all
the expenses of said sale,
including attorney’s fees, all
as provided in said Deed, and
the balance, if any, will be dis
tributed as provided by law.
Wells Fargo Bank, NA as
Attorney-in-Fact for Roger
Bryant and Vivian J. Bryant
File no. 09-019703
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/LW
www. swe rtfe ger.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
State of Georgia
County of Madison
Under and by virtue of the
power of sale contained with
that certain Deed to Secure
Debt dated November 10,
2006, from DENNIS COWART
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., as nominee for
EQUIFIRST CORPORATION,
recorded on November 20,
2006, in Deed Book 965 at
Page 36, in the office of the
Clerk of the Superior Court
of Madison County, Georgia,
and said Deed to Secure Debt
having been given to secure
a note dated November
10, 2009, in the amount of
$180,000.00, said note being
in default, the undersigned will
sell at public outcry during
the legal hours of sale before
the door of the Courthouse
of Madison County, Georgia,
on January 5, 2010, the fol
lowing described real property
(hereinafter referred to as the
“Property”):
All that tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 203rd District,
G.M., Madison County,
Georgia, containing 5.00
acres, more or less, and being
more particularly shown and
designated as Tract 1 on a plat
of survey entitled, Survey for
Dennis Cowart, dated January
17, 2001, by Paul and Evans
Land Surveying, Inc., Thomas
R. Paul, Registered Land
Surveyor, recorded in Plat
Book B-62, Page 1, Madison
County, Georgia Records,
which pint and record are by
reference incorporated herein.
The debt secured by the
Security Deed and evidenced
by the note and has been, and
is hereby, declared due and
payable because of, among
other possible events of default,
failure to make the payments
as required by the terms of
the Note. The debt remaining
is in default and this sale will
be made for the purposes of
paying the Deed to Secure
Debt, accrued interest, and all
expenses of the sale, includ
ing attorneys’ fees. Notice of
intention to collect attorneys’
fees has been given as pro
vided by law. To the best of
the undersigned’s knowledge,
the person(s) in possession
of the property is/are Dennis
Cowart. The property, being
commonly known as 49777
Highway 72 E, Carlton, GA
30627 in Madison County,
will be sold as the property
of Dennis Cowart, subject to
any outstanding ad valorem
taxes (including taxes which
are a lien and not yet due and
payable), any matters affect
ing title to the property which
would be disclosed by accu
rate survey and inspection
thereof, and all assessments,
liens, encumbrances, restric
tions, covenants, and mat
ters of record to the Security
Deed.
Albertelli Law Attorney
for Deutsche Bank National
Trust Company as Trustee
under Pooling and Servicing
Agreement dated as of
June 1, 2007 Equifirst Loan
Securitization Trust 2007-
1 Mortgage Pass-Through
Certificates, Series 2007-1 as
Attorney in Fact for Dennis
Cowart
100 Galleria Parkway, Suite
900
Atlanta, GA 30339
Phone: (866)690-0418
By: James E. Albertelli,
Esq.
For the Firm
THIS FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COL
LECT A DEBT. ANY IN
FORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
JEA- 09-28539
(DC10,17,24,31 P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
By virtue of the power of
sale contained in that cer
tain Georgia Security Deed
& Security Agreement from
BROWN FUNERAL HOME,
INC., MICHAEL TITTLE and
STACY TITTLE to BRANCH
BANKING & TRUST
COMPANY, dated January 23,
2004, and recorded in Deed
Book 671, Page 25, MADISON
County, Georgia Records
(hereinafter referred to as
“Deed to Secure Debt”), said
Deed to Secure Debt securing
a Promissory Note (“Note”)
in the original principal sum
of FIVE HUNDRED FORTY
THOUSAND AND NO/100
DOLLARS ($540,000.00) with
interest from said date at the
rate stated in said Note on
the unpaid balance until paid,
there will be sold by the under
signed at public outcry to the
highest bidder for cash before
the Courthouse at MADISON
County, Georgia, within
the legal hours of sale on
Tuesday, January 5, 2010, the
property described on Exhibit
“A” attached hereto and incor
porated herein by reference.
The debts secured by said
Deed to Secure Debt have
been and are hereby declared
due and payable because of,
among other possible events
of default, failure to make pay
ments on said Note. The
debts remaining in default,
this sale will be made for the
purpose of paying the same
and all expenses of this sale,
including attorney’s fees.
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, easements, cov
enants, and matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not necessarily limited
to, senior encumbrances that
will not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned, the
Party in possession of the
property is Brown Funeral
Home, Inc., Michael Tittle and
Stacy Tittle, or a tenant or
tenants, and said property is
more commonly known Tract
2, 204th GMD, MADISON
County, Georgia. However,
please rely only on the metes
and bounds legal description
contained in this notice for the
location of the property.
Branch Banking & Trust
Company Attorney in Fact for
Brown Funeral Home, Inc.,
Michael Tittle & Stacy Tittle
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
TRACT TWO
All that tract or parcel of land
lying and being in the City of
Danielsville, in 204th GMD,
Madison County, Georgia,
and being more particularly
described as follows:
Beginning at a 1/2 inch rein
forced rod set at the intersec
tion of the southwestern right
of way line of Rev. Montgomery
Street (aka Albany Avenue)
with the southeastern right of
way line of U.S. Highway 29
(right of way width varies); run
ning thence along said right of
way line of Rev. Montgomery
Street, south 59 degrees 49
minutes 47 seconds east a
distance of 235.24 feet to a
1/2 inch reinforced rod set;
thence leaving said right of
way line; and running south
28 degrees 00 minutes 56
seconds west a distance of
216.13 feet to a 1/2 inch rein
forced rod set; running thence
north 59 degrees 19 minutes
19 seconds west a distance of
251.26 feet to an iron pin found
on the southeastern right of
way line of U.S. Highway 29;
running thence along said right
of way line, north 33 degrees
11 minutes 00 seconds east
a distance of 37.47 feet to a
point; continuing thence north
easterly along the arc of a
curve to the left in said right of
way line, said arc being sub
tended by a chord line having
a bearing of north 32 degrees
05 minutes 23 seconds east
and a length of 176.43 feet,
said curve having a radius of
4,621.67 feet, an arc distance
of 176.44 feet to the point
of beginning; according to
Survey for “Preferred Funeral
Services, Inc. and Lawyer’s
Title Insurance Corporation,”
dated May 21, 1996, prepared
by Ben McLeroy & Associates,
Inc., under the seal of Ben
McElroy, Georgia Registered
Land Surveyor No 1184; said
tract of land containing 1.196
acres and designated as “Tract
1” according to said survey
which survey is incorporated
herein and made a part hereof
by reference.
(DC10,17,24,31 P4)
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 contained in
a Security Deed given by
TABATHA B. BONNER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated April 21, 2004,
recorded in Deed Book 689,
Page 147, Madison County,
Georgia Records, as last trans
ferred 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 principal amount
of ONE HUNDRED FIFTEEN
THOUSAND AND 0/100
DOLLARS ($115,000.00), 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
property is Tabatha B. Bonner
or a tenant or tenants and said
property is more commonly
known as 128 W. Briarwood
Drive, Nicholson, Georgia
30565.
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 as
Attorney in Fact for Tabatha
B. Bonner
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/car 1/5/10
Our file no. 53598709-FT12
EXHIBIT “A”
All that tract or parcel
continued on following page