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THE MADISON COUNTY (GA) TOURNAL - THURSDAY, TUNE L 2017 - PAGE 9B
Public Notices
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publish in the paper exactly as received
from the foreclosing agency.
Notice of Sale
Notice of Sale Under Power
WHEREAS, on June 15,
2007, for value received,
WALLACE DAVENPORT
executed and delivered to
the UNITED STATES OF
AMERICA, acting through
the United States Depart
ment of Agriculture, a Deed
to Secure Debt conveying
certain real estate located in
Madison County, Georgia,
and said Deed to Secure
Debt was recorded in the
Office of the Clerk of the
Superior Court for Madison
County, Georgia, in Book #
01029, Page# 0070; and
WHEREAS, the United
States of America now holds
the above described secu
rity deed covering the said
real estate; and
WHEREAS, the Deed to
Secure Debt held by the
United States of America
provides that should default
occur, the holder may
declare the entire indebt
edness secured by the
Deed to Secure Debt due
and payable and, in com
pliance with the power of
sale provisions contained in
said security deed proceed
to sell the property at public
outcry; and
WHEREAS, after default,
the United States of Amer
ica has declared all of the
indebtedness secured by
the Deed to Secure Debt
due and payable and hereby
certifies that it has complied
with all of its loan servicing
regulations;
NOW, THEREFORE,
the said United States of
America, acting as afore
said, under and in compli
ance with the power of sale
provision contained in the
Deed to Secure Debt, will
proceed to sell at public
outcry, for cash or certified
funds to the highest bidder
in front of the Courthouse in
Madison County, during the
legal hours of sale, on the
6th day of June, 2017, the
following-described property
conveyed in the Deed to
Secure Debt, to Wit:
All that tract or par
cel of land, together with
all improvements thereon,
situate, lying and being in
the Town of Comer, 205th
District, G.M., Madison
County, Georgia, and being
more particularly shown
and described on a survey
entitled “Survey for Village
Station Construction, LLC”,
dated February 22, 2005,
by Carroll Surveying, LLC,
Stacy C. Carroll, Registered
Land Surveyor, and record
ed in Plat Book B-137, Page
7A, the Office of the Clerk of
the Superior Court of Madi
son County, Georgia, ref
erence to which is hereby
made for a more particular
description of the property
herein conveyed.
The above described
property will be sold subject
to any and all outstanding
real estate taxes that are
due and payable.
The failure of any high
bidder 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 3rd day of May,
2017.
UNITED STATES OF
AMERICA
By /S/ Thomas B. Herron
Director, Default Manage
ment Branch
United States Department
of Agriculture,
Rural Development
ITS: Authorized Repre
sentative
MYll, 18,25,JN1P4) \
Notice of Sale
Notice of Sale Under Power
WHEREAS, for value
received, DENNIS M. HAR-
DIGREE AND PEGGY A.
HARDIGREE executed and
delivered to the UNITED
STATES OF AMERICA,
acting through the United
States Department of Agri
culture, two Deeds to Secure
Debt conveying certain real
estate located in Madison
County, Georgia, and said
Deeds to Secure Debt were
recorded in the Office of the
Clerk of Superior Court for
Madison County, Georgia
as follows:
DATE OF EXECUTION;
BOOK; PAGE
09/01/81; Y-6; 514
12/17/02; 519; 68
WHEREAS, the United
States of America now holds
the above described secu
rity deeds covering the said
real estate;
WHEREAS, the Deeds to
Secure Debt held by the
United States of America
provide that should default
occur, the holder may
declare the entire indebt
edness secured by the
Deeds to Secure Debt due
and payable and, in compli
ance with the power of sale
provisions contained in said
security deeds proceed to
sell the property at public
outcry; and
WHEREAS, after default,
the United States of Amer
ica has declared all of the
indebtedness secured
by the Deeds to Secure
Debt due and payable
and hereby certifies that it
has complied with all of its
loan servicing regulations.
Inquiries regarding this sale
should be directed to the
Farm Loan Manager, Farm
Service Agency, 1458 lla
Road, Commerce, Georgia,
30530, Phone: (706) 335-
8111.
NOW, THEREFORE,
the said United States of
America, acting as afore
said, under and in compli
ance with the power of sale
provision contained in the
Deeds to Secure Debt, will
proceed to sell at public
outcry, for cash or certified
funds to the highest bidder
in front of the Courthouse in
Madison County, during the
legal hours of sale, on the
6th day of June 2017, the
following described property
conveyed in the Deed to
Secure Debt, to Wit:
SEE ATTACHED EXHIB
IT “A”
The above described
property will be sold subject
to any and all outstanding
real estate taxes that are
due and payable.
The failure of any high
bidder 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 indebted
ness 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 21st day of April,
2017.
UNITED STATES OF
AMERICA
By:
Dianne R. Westmoreland
Acting State Executive
Director, FSA
355 E. Hancock Ave.
Athens, Georgia 30601-
2775
Phone: 706-546-2166
EXHIBIT “A”
All that tract or parcel
of land, together with all
improvements thereon, con
taining 16.54 acres, more
or less, lying and helping
in the 438” District GM of
Madison County, Georgia,
on the northerly side of
Georgia Highway No. 174,
and particularly describes
as follows:
BEGINNING at a pin on
the northerly right of way line
of Georgia Highway No. 174
at the land corner of lands
of Jerry Hart, which pin is
located 2.2 miles south
westerly from U.S. Highway
No. 29 as measured along
the northerly right of way
line of Georgia Highway No.
174; and running thence
and into county dirty road
no. 55 north 04 degrees
16 minutes east 947.55
feet to a point in the road;
thence north 41 degrees
42 minutes west 241.90
feet to a pin; thence south
68 degrees 04 minutes
west 696.10 feet to a pin;
thence south 17 degrees
11 minutes east 553.30 feet
to a pin; thence south 76
degrees 08 minutes west
72.32 feet to a pin; thence
south 17 degrees 11 min
utes east 471.13 feet to a
pin set on the northerly right
of way line of Georgia High
way No. 174; thence along
the northerly right of way
line of Georgia Highway No.
174 north 75 degrees 27
minutes east 520.50 feet to
the corner of beginning;
Said tract of land is partic
ularly shown and delineated
as 15.54 acres and 1.00
acres on a plat prepared
by Barker & Lester, W.W.
Lester, Registered Survey
or, dated October 19, 1980,
recorded in Plat Book 19,
page 705, Madison County
Records, which plat and
record are by reference
incorporated herein.
All that tract or parcel of
land containing 13.78 acres,
lying and being in the 438”
District G.M., Madison
County, Georgia, and being
more particularly shown and
designated as “Lot 3 13.78
AC LILLIE MAE TYNER” on
a plat entitled “Survey for:
TYNER ESTATE” prepared
by John H. Wood, Madison
County land surveyor, dated
June, 1977, recorded in Plat
Book 15, page 167, Madi
son County Clerk Superior
Court records, which plat
and record are by reference
incorporated herein;
Being the same property
as found in Minute Book
EE, pages 16-17, Madi
son County Probate Court
records and Deed book G-6,
page 290, Madison Coun
ty Clerk of Superior Court
Records;
(MYll,18,25,JN1B/6817-90) \
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Under and by virtue of
the Power of Sale contained
in the Deed to Secure
Debt dated May 31, 2005,
made by ALIKHAN VIRJI
IN FAVOR OF THE PEO
PLES BANK and recorded
in Deed Book 805, Page
235, Madison County, Geor
gia records, as modified by
that certain Modification of
Security Deed dated May
21, 2012 and recorded in
Deed Book 1397, Page 214,
aforesaid records (as modi
fied and assigned), made to
secure a Universal Note and
Security Agreement dated
May 31, 2005, from Alikhan
Virji in favor of The Peoples
Bank in the original principal
amount of $1,519,077.00,
as renewed and amended;
as subsequently assigned
by Bank of the Ozarks, as
successor-by-merger to
Community & Southern
Bank, as successor-in-inter-
est to the FDIC as Receiver
for The Peoples Bank, to
MGS Venture, LLC (“Hold
er”) in that certain Transfer
and Assignment of Deed to
Secure Debt and Loan Doc
uments dated April 28, 2017,
and recorded in Deed Book
, Page , aforesaid
records. The undersigned
will sell at public outcry to
the highest and best bidder
for cash before the door
of the Courthouse of Madi
son County, Georgia, during
the legal hours of sale, on
the first Tuesday in June,
2017, to wit: June 6, 2017,
the following described real
property:
ALL THAT TRACT OR
PARCEL OF LAND situate,
lying and being in the 383rd
District, G.M., Madison
County, Georgia, containing
1.799 acres, more or less,
as shown on plat of survey
entitled “Survey For Alikhan
Virji”, prepared by W. T.
Dunahoo, & Associates,
certified by W. T. Dunahoo,
GRLS No. 1577, dated
May 11, 2005, and being of
record in the Office of the
Clerk of Superior Court for
Madison County, Georgia
in Plat Book B142, Page
7A: which said plat and the
recording thereof are by ref
erence hereto incorporated
herein for a more complete
and detailed description.
Also conveyed herewith
is a 1993 Destiny Mobile
Home, Vehicle Identifica
tion Number 035631A and
035631B.
Default has occurred and
continues under the terms
of the Universal Note and
Security Agreement and
Deed to Secure Debt by
reason of, among other
possible events of default,
the nonpayment when due
of the indebtedness evi
denced by the Universal
Note and Security Agree
ment and secured by the
Deed to Secure Debt and
the failure to comply with
the terms and conditions
of the Universal Note and
Security Agreement and
Deed to Secure Debt and
other security instruments.
By reason of this default,
the Deed to Secure Debt
has been declared foreclos-
able according to its terms.
The above-described real
property will be sold to the
highest and best bidder
for cash as the property of
Alikhan Virji, the proceeds
to be applied to the pay
ment of said indebtedness,
attorneys’ fees, and the law
ful expenses of said sale, all
as provided in the Universal
Note and Security Agree
ment and Deed to Secure
Debt. The sale shall be sub
ject to the following: all out
standing ad valorem taxes
and/or assessments, if any;
and all prior assessments,
easements, or matters of
record.
To the best of the under
signed’s knowledge and
belief, the real property is
presently owned by Alikhan
Virji. To the best of the
undersigned’s knowledge
and belief, the party in pos
session of the real property
is Alikhan Virji or a tenant or
tenants.
MGS Venture, LLC, as
Attorney-in-Fact for Alikhan
Virji, Timothy S. Walls, Esq.
and Mills & Hoopes, LLC
Attorneys for Holder 1550
North Brown Rd, Ste 130,
Lawrenceville, GA 30043,
770-513-8111.
‘THE LAW FIRM IS ACT
ING AS A DEBT COLLEC
TOR ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MY11,18,25,JN1P4)
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 Deed to Secure Debt
from DAWN T. HYCHE to
MORTGAGE ELECTRON
IC REGISTRATION SYS
TEMS, INC., AS NOMI
NEE FOR HOMESTAR
FINANCIAL CORP. dated
January 28, 2013, filed for
record January 30, 2013,
and recorded in Deed Book
1426, Page 106, MADISON
County, Georgia Records,
and as modified by that
certain Loan Modification
Agreement recorded in
Deed Book 1624, Page 201,
MADISON County, Geor
gia Records, as last trans
ferred to WELLS FARGO
BANK, N.A. by assignment
recorded in Deed Book
1536, Page 164, MADISON
County, Georgia Records.
Said Deed to Secure Debt
having been given to secure
a Note dated January 28,
2013 in the original princi
pal sum of ONE HUNDRED
FORTY EIGHT THOU
SAND SEVEN HUNDRED
FIFTY AND 0/100 DOL
LARS ($148,750.00), with
interest from 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
door at MADISON County,
Georgia, or at such place
as has or may be lawfully
designated as an alterna
tive location, within the legal
hours of sale on the first
Tuesday in June, 2017, the
following described prop
erty:
ALL THAT LOT, TRACT
OR PARCEL OF LAND,
SITUATE, LYING AND
BEING IN THE 382ND
G.M.D., MADISON COUN
TY, GEORGIA, BEING
KNOWN AND DESIG
NATED AS LOT 37 OF
SOUTH CREEK SUBDIVI
SION, AND BEING PAR
TICULARLY SHOWN AND
DESCRIBED ACCORDING
TO THAT CERTAIN PLAT
OF SURVEY ENTITLED
‘SURVEY FOR: SOUTH
CREEK CONSTRUCTION,
LLC’, PREPARED BY CAR-
ROLL SURVEYING, LLC,
CERTIFIED BY STACEY
C. CARROLL, GEORGIA
REGISTERED SURVEY
OR, AND RECORDED
IN PLAT BOOK B-121,
PAGES 002A-004A, IN
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THE OFFICE OF THE
CLERK OF THE SUPE
RIOR COURT OF MADI
SON COUNTY, GEORGIA,
WHICH PLAT AND THE
RECORD THEREOF ARE
BY REFERENCE INCOR
PORATED HEREIN FOR
A MORE COMPLETE
DESCRIPTION OF THE
PROPERTY HEREIN CON
VEYED.
THIS PROPERTY IS
SUBJECT TO PROTEC
TIVE COVENANTS FOR
SOUTH CREEK SUBDIVI
SION AS RECORDED IN
DEED BOOK 698, PAGE
69, MADISON COUNTY,
GEORGIA RECORDS.
To the best of the knowl
edge and belief of the
undersigned, the party in
possession of the proper
ty is DAWN T. HYCHE or
a tenant or tenants. Said
property may more com
monly be known as: 3518
SPRATLIN MILL ROAD,
HULL, GA 30646.
The debt secured by said
Deed to Secure Debt has
been and is hereby declared
due because of, among
other possible events of
default, non-payment of
the monthly installments on
said loan. The debt remain
ing in default, this sale will
be made for the purpose
of paying the same and
all expenses of this sale,
including attorney’s fees
(notice of intent to collect
attorney’s fees having been
given).
The individual or enti
ty that has full authority
to negotiate, amend, and
modify all terms of the loan
is WELLS FARGO BANK,
N.A., 3476 STATEVIEW
BLVD, MAC# X7801-013,
FORT MILL, SC 29715-
7203; (800) 662-5014.
Said property will be sold
subject to any outstanding
ad valorem taxes (includ
ing 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 inspec
tion 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 con
ducted subject (1) to con
firmation 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. Pursuant
to O.C.G.A. Section 9-13-
172.1, which allows for cer
tain 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 pro
vided until final confirmation
and audit of the status of the
loan as provided in the pre
ceding paragraph. ‘Auction
services to be provided by
Auction.com (www.auction.
com)*
WELLS FARGO BANK,
N.A. As Attorney-in-Fact for
DAWN T. HYCHE
Phelan Hallinan Diamond
& Jones, PLLC
11675 Great Oaks Way,
Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 32573
This law firm is acting
as a debt collector. Any
information obtained will
be used for that purpose.
(MY11,18,25,JN1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Madison
Because of a default
under the terms of the
Security Deed executed by
CORNELIUS ADAMS TO
MORTGAGE ELECTRON
IC REGISTRATION SYS
TEMS, INC., as nominee
for First Magnus Financial
Corporation, its successors
and assigns dated January
14, 2005, and recorded in
Deed Book 766, Page 174,
Madison County Records,
said Security Deed having
been last sold, assigned,
transferred and conveyed
to Green Tree Servic
ing LLC, securing a Note
in the original principal
amount of $96,000.00, the
holder thereof pursuant to
said Deed and Note there
by secured has declared
the entire amount of said
indebtedness due and pay
able and, pursuant to the
power of sale contained in
said Deed, will on the first
Tuesday, June 6, 2017, dur
ing the legal hours of sale,
before the Courthouse door
in said County, sell at public
outcry to the highest bid
der for cash, the property
described in said Deed, to-
wit:
All that lot or parcel of
land lying and being in the
382nd (sometimes cited
as 383rd) district, GM of
Madison County Georgia
and particularly described
as follows: Beginning at an
iron pin at the Southwest
corner of the intersection of
a 40 foot street reservation
and State Highway No. 106,
which pin is located 413 feet
South-Southwest from the
land corner of Patterson as
measured along the West
side of said Highway, same
being the Northeast corner
of the within lot, and running
thence along the West side
of the right of way of said
running thence along the
West side of the right of way
of said Highway South 10
deg 15 min West 157.5 feet
to an iron pin; thence North
79 deg 45 min West 210
feet to a power pole; thence
North 10 deg 15 min East
157.5 feet to an iron in on
the South side of said street
reservation; thence along
said proposed street South
79 deg 45 min East 210
feet to the iron pin corner of
beginning; Said lot of land
is particularly shown and
delineated as lot no. 3 on
a plat prepared by John H.
Wood, Jr., county surveyor,
dated 11-1-65, recorded in
plat book 9, page 5, Madi
son County Records, which
plat and the record thereof
are by reference incorpo
rated herein.
Said property is known
as 25 Oak Circle, Hull, GA
30646, together with all fix
tures and personal property
continued on following page
59 Sidetrack Cir, Comer, GA 30629
Minimum Bid: $72,270.00
(or best offer above minimum bid)
20% non-refundable downpayment
required on day of sale
(certified funds)
Balance of funds will be delivered to the
local Rural Development Office upon
request in exchange for Deed of
Foreclosure.
5 Room Ranch, 3 Bedrooms, 2 Bath,
This description is believed to be
Correct to our best understanding.
DATE & TIME OF SALE:
06/06/17 AT TIME 10:00 a.m..
PLACE OF SALE:
Madison County Courthouse
FOR INFO C ONTACT:
1-800-349-5097 ext 4500
For future foreclosure sales and inventory
property access our website: ^
www.resales.usda.gov