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)
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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)
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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)
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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)
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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
