About The Madison County journal. (Hull, Ga.) 1989-current | View Entire Issue (Jan. 7, 2010)
PAGE 8B - THE MADISON COUNTY (GA) JOURNAL. THURSDAY. JANUARY 7. 2010 Public Notices Continued All that tract or parcel of land, together with all improvements thereon, situ ate, lying and being in the City of Comer, 205th District, G.M,. Madison County, Georgia, and being known as Lot 23, Phase B, Shannon’s Place Subdivision, Phase “B””, dated October 19, 2001, by Moreland, Altobelli Associated, Inc. Michael J. Smith, Registered Land Surveyor, and recorded in Plat book B-72, Page 1, in the Office of the Clerk of the Superior Court of Madison county, Georgia, reference to which is hereby made for a more particular descrip tion of the property herein conveyed. The above described prop erty will be sold subject to any and all outstanding real estate taxes that are due and payable. The failure of any high bid der to pay the purchase price and close the sale shall, at the option of the United States of America, be cause for rejection of the bid, and, if the bid is rejected, the United States of America shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms thereof. The proceeds of said sale will first be applied to the payment of the indebt edness to the United States of America, other charges, and the expenses of sale, as provided in the above- described Deed to Secure Debt. This the day of , 2010. UNITED STATES OF AMERICA By Thomas B. Herron Chief, Default Management Branch United States Department of Agriculture, Rural Development (JA7,14,21,28B/19127-60) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Because of a default in the payment of principal and interest on that certain Note dated October 1, 2008, in the original principal amount of $363,737.50 (“Note”), said Note being secured by a Deed to Secure Debt executed by GEORGE C. BURDETTE, JR. and KIMBERLY A. BURDETTE to THE NATIONAL BANK OF GEORGIA, dated May 15, 2007, recorded in Deed Book 1021 Page 212, in the Office of the Clerk of Superior Court of Madison County, Georgia; as modified by a Modification of Deed to Secure Debt dated June 20, 2007, recorded in Deed Book 1030, Page 256, aforesaid Clerk’s Office; and as further modified by a Modification of Deed to Secure Debt, dated June 20, 2007, and recorded in Deed Book 1094, page 181, said Clerk’s Office; said default having been more than thirty (30) days and not having been made good in accordance with the terms and provi sions of said Deed to Secure Debt, THE NATIONAL BANK OF GEORGIA, pursuant to said Deed to Secure Debt, and the Note secured there by, has declared the entire amount of the indebtedness secured by said Deed to Secure Debt, due, payable, and collectible; and, pur suant to the power of sale contained in said Deed to Secure Debt, will, on the first Tuesday in February, 2010, within the legal hours of sale before the Courthouse door in Madison County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Deed to Secure Debt, to wit: Tract One: ALL that tract or parcel of land, containing 2.0 acres, more or less, together with all improvements there on, situate, lying and being in the 383rd G.M.D., Madison County, Georgia, on the southerly side of Crabapple Hollow Road, and being more particularly shown and designated as Lot 1 on a plat entitled “Survey for Wiliford N. & Hazel H. Guest”, dated February 3, 2002 by Henry Lamar Pittard, Registered Surveyor, being recorded in Plat Book B-58, page 8, 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. Tract Two: ALL that tract or parcel of land, containing 2.0 acres, more or less, together with all improvements there on, situate, lying and being in the 383rd G.M.D., Madison County, Georgia, on the southerly side of Crabapple Hollow Road, and being more particularly shown and designated as Lot 2 on a plat entitled “Survey for Wiliford N. & Hazel H. Guest”, dated February 3, 2002 by Henry Lamar Pittard, Registered Surveyor, being recorded in Plat Book B-58, page 8, 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. To the best of the under signed’s information and belief the street address for the above described prop erty is: 665 Crabapple Hollow Drive, Hull, Madison County, Georgia Said property will be sold, a deed executed by the under signed to purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Deed to Secure Debt, containing said power. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final con firmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: The National Bank of Georgia, 2234 W. Broad St., Athens, Georgia 30606, (706) 355-3122. However, the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property is being sold as the property of GEORGE C. BURDETTE, JR. AND KIMBERLY A. BURDETTE and subject to all unpaid taxes, assessments and/ or matters of record, if any which are superior to the Deed to Secure Debt being foreclosed upon. This 30th day of December, 2009. THE NATIONAL BANK OF GEORGIAas Attorney-in-fact for CARL C. BURDETTE, JR. and KIMBERLY A. BURDETTE FORTSON, BENTLEY AND GRIFFIN, PA. 2500 DANIELL’S BRIDGE ROAD BUILDING 200, SUITE 3A ATHENS, GEORGIA 30606 (706) 548-1151 (JA7,14,21,28B/1034-80P) gpn11 Notice of Sale Notice of Sale Under Power Georgia, Madison County Under and by virtue of the Power of Sale con tained in that certain Deed to Secure Debt from COREY D. GAINES and CASSIDY P. GAINES (“Grantors”) to PINNACLE BANK (“Grantee”), dated February 9, 2009, filed and record ed February 16, 2009, in Deed Book 1161, Page 140, Madison County, Georgia Records (the “Security Deed”), conveying the after- described property to secure that certain Universal Note dated February 9, 2009, from Corey D. Gaines pay able to Grantee in the origi nal principal amount of ONE HUNDRED SEVENTEEN THOUSAND SIX HUNDRED SEVENTY FIVE THOUSAND AND 01/100 DOLLARS ($117,675.01), with interest thereon as set forth therein (the “Note”), 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 February, 2010, the following described property: All that tract or par cel of land, together with all improvements there on, lying and being in the 203rd G.M. District, Madison County, Georgia, contain ing 5.0 acres, more or less, and being more particularly described as follows: This being that certain tract of land lying and being on the northeasterly side of County Road No. 293 and being bounded on the east by lands now or formerly of Zuniga and Tumlin and on the west by lands now or for merly of Duncan and being delineated as follows: From the point of beginning at an iron pin found offset from the centerline at the south western corner of lands now or formerly of Zuniga and Tumlin at the intersection of the southern and western boundaries thereof with the centerline of County Road No. 293 and then proceed ing along the centerline of County Road No. 293 at north 66 degrees 5 minutes 35 seconds west for a dis tance of 74.69 feet; thence north 67 degrees 18 min utes 25 seconds west for a distance of 301.29 feet; thence north 42 degrees 46 minutes 50 seconds east for a distance of 631 feet; thence north 34 degrees 18 minutes 55 seconds west for a distance of 269.24 feet; thence north 42 degrees 46 minutes 50 seconds east for a distance of 525.54 feet; thence south 13 degrees 17 minutes west for a distance of 1251.59 feet to the point of beginning. The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note. 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 the Security Deed and by law, includ ing attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law). The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, out standing ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the prop erty, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed. Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. To the best of the under signed’s knowledge and belief, the property consists of approximately 5.00 acres located at 1075 Lexington Road, Carlton, Madison County, Georgia, and the parties in possession of the property are Corey D. Gaines and Cassidy R Gaines, or their tenant or tenants. PINNACLE BANK, as Attorney-in-Fact for Corey D. Gaines and Cassidy P. Gaines Thompson, O’Brien, Kemp & Nasuti, PC. 40 Technology Parkway South, Suite 300 Norcross, Georgia 30092 (770) 925-0111 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. (JA7,14,21,28P4) gpn11 Notice of Sale Notice of Sale Under Power State of Georgia County of Madison By virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale from CARL I. ROBERTSON to BRANCH BANKING & TRUST COMPANY as successor to MAIN STREET BANK, dated April 18, 2001, and recorded in Deed Book 341, Page 17, Madison County, Georgia Records (hereinaf ter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of SIXTY THOUSAND TWO HUNDRED SIXTY SIX AND NO/100 DOLLARS ($60,266.00) with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public out cry to the highest bidder for cash before the Courthouse at Madison County, Georgia, within the legal hours of sale on Tuesday, February 2, 2010, the property described on Exhibit “A” attached here to and incorporated 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 matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zon ing ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contem plated by this Notice. To the best knowledge and belief of the undersigned, the Party in possession of the property is Carl I. Robertson, or a tenant or tenants, and said property is more com monly known 2143 Hwy. 106 N. , Danielsville, Madison County, Georgia 30633. However, please rely only on the legal description contained in this notice for the location of the property. Please be advised that, if the property contains multiple lots or parcels, the under signed reserves the right to sell the properties separately or together. Branch Banking & Trust Company Attorney in Fact for Carl I. Robertson Martin G. Quirk, Esq. Angela M. Hurley, Esq. Quirk & Quirk, LLC 6000 Lake Forrest Drive Suite 325 Atlanta, Georgia 30328 (404) 252-1425 EXHIBIT “A” ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in 282nd District, G.M., Madison County, Georgia designated as Tract 1, encompassing O. 704 acres, more or less, as shown on a plat of survey entitled “Survey for Paula M. James,” by Paul & Evans Land Surveying, Inc., cer tified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated October 22, 1999 and being of record in the Office of the Clerk of the Superior Court for Madison County, Georgia in Plat Book 16, Page 592, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. Also conveyed is a 40’ road easement for ingress and egress as shown on the above referenced plat of survey. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein, so as to become a part of the real property. This property is more par ticularly described as fol lows: Beginning as a point on the west side of Georgia Hwy. 106, which point is 0.15 mile from the intersection of Georgia Hwy. 106 and Wesley Chapel Road, run ning thence south 85 degrees 17 minutes 00 seconds west 209.0 to an iron pin; running thence south 58 degrees 27 minutes 00 seconds west 139.94 feet to a point which is the TRUE POINT OF BEGINNING; running thence south 04 degrees 14 minutes 55 seconds east 188.42 feet to a point; running thence south 74 degrees 45 minutes 15 seconds east 134.49 feet to a iron pin; running thence south 26 degrees 11 minutes 50 seconds east 86.81 feet to an iron pin; running thence south 84 degrees 56 minutes 25 seconds west 212.53 feet to an iron pin; running thence north 04 degrees 14 minutes 55 seconds west 289.33 feet to an iron pin; running thence north 58 degrees 27 minutes 00 seconds east 59.98 feet to THE TRUE POINT OF BEGINNING. (JA7,14,21,28P4) gpn11 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 prin cipal 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 undersigned at public out cry to the highest bidder for cash before the Courthouse at Madison County, Georgia, within the legal hours of sale on Tuesday, February 2, 2010, the property described on Exhibit “A” attached here to and incorporated 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 matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zon ing ordinances, restrictions, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contem plated 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 20 Albany Avenue, Danielsville, Madison County, Georgia. However, please rely only on the metes and bounds legal description contained in this notice for the location of the property. Please be advised that if the property contains multiple lots or parcels the undersigned reserves the right to sell the properties separately or together. Branch Banking & Trust Company Attorney in Fact for Brown Funeral Home, Inc., Michael Tittle & Stacy Tittle Martin G. Quirk, Esq. Angela M. Hurley, Esq. Quirk & Quirk, LLC 6000 Lake Forest 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 fol lows: Beginning at a 1/2 inch reinforced rod set at the intersection of the south western 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); running 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 reinforced 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 south eastern 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 northeasterly along the arc of a curve to the left in said right of way line, said arc being subtended by a chord line having a bear ing 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 dis tance of 176.44 feet to the point of beginning; accord ing 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 incor porated herein and made a part hereof by reference. (JA7,14,21,28P4) gpn11 Notice of Sale Notice of Sale Under Power in Security Deed State of Georgia County of Madison On April 12, 2006, SEAGRAVES MANAGEMENT, INC. executed a Security Deed With Power of Sale to MERCHANTS & FARMERS BANK securing a note of even date in the amount of ONE MILLION FOUR HUNDRED FOURTEEN THOUSAND FOUR HUNDRED TWENTY- TWO AND 81/100 DOLLARS ($1,414,422.81), said secu rity deed being recorded in Deed Book 901, Pages 63-70, Madison County Records. Said security deed conveyed the property here inafter described. By virtue of the power of sale contained in said secu rity deed to Merchants & Farmers Bank there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Madison County Courthouse door in Danielsville, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in February, the same being February 2, 2010, the following described property: TRACT ONE: All that tract or parcel of land, together with all improvements thereon, con taining 362.30 acres, more or less, situate, lying and being in the 262nd District, G.M. of Madison County, Georgia and being more particularly shown and des ignated as Tract 1 on a plat entitled “SURVEY FOR: MARY HART”, prepared by Bauknight & Associates, Inc., W. Slate Bauknight, Registered Surveyor, dated April 18, 2005, recorded in Plat Book B143, Page 4A, Madison County Records, which plat and record are by reference incorporated herein; TRACT TWO: All that tract or parcel of land, together with all improvements thereon, con taining 45.79 acres, more or less, situate, lying and being in the 262nd District, G.M. of Madison County, Georgia and being more particularly shown and des ignated as Tract 2 on a plat entitled “SURVEY FOR: MARY HART”, prepared by Bauknight & Associates, Inc., W. Slate Bauknight, Registered Surveyor, dated April 18, 2005, recorded in Plat Book B143, Page 4A, Madison County Records, which plat and record are by reference incorporated herein; The debt secured by said continued on following page
