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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